 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, DC

Issued by the Department of Transportation on September 24, 2002

NOTICE OF ACTION TAKEN --DOCKET OST-2002-11985

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This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of Atlas Air, Inc.  filed 9/17/02 for:

XX  Waiver of the dormancy condition applicable to certain of its
US-Brazil all-cargo frequencies.

Atlas requests a 45-day extension of its current waiver of the 90-day
dormancy condition applicable to four of its ten US-Brazil all-cargo
frequencies.  By Notice of Action Taken, dated April 29, 2002, in this
docket, the Department granted Atlas a dormancy waiver for five of its
ten US-Brazil frequencies through September 25, 2002.  In support of its
further waiver request for four of its ten frequencies, Atlas states
that the US-Brazil market is still depressed due to the economic
recessions in both Brazil and the United States, and a severe
devaluation of the Brazilian Real versus the US Dollar.  However, with
the approach of peak traffic season, Atlas now expects to achieve full
utilization of all ten of its frequencies by November 9, 2002.  

Federal Express filed an answer in support of Atlas’ request provided
that the Department grants the application of FedEx for a similar
dormancy waiver on one of its six US-Brazil frequencies. 

Applicant rep:  Russell E. Pommer, 202-354-4843      DOT analyst:
Michael D. Bodman 202-366-9667

DISPOSITION

XX  Granted. (See below).

The above action was effective when taken: September 24, 2002, through
November 9, 2002.

Action taken by:  Paul L. Gretch, Director

		    Office of International Aviation

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, limitations indicated:  XX Holder’s certificate
of public convenience and necessity

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Remarks:  We acted on this application prior to the expiration date for
answers with the consent of all parties served.  

As we have previously done, we reserve the right to reexamine whether
grant of this waiver continues to be in the public interest should
another carrier seek to use the frequencies at issue.  Any future
request to extend the dormancy waiver for these frequencies at issue
here will have to be considered in light of the specific arguments
offered and responses thereto.  

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Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; and (2) grant of the authority was consistent with the public
interest.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the action taken in
this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp 

By Notice of Action Taken dated September 19, 2002, the Department
granted the FedEx waiver (Docket OST-2000-7559).

Atlas’ waiver from the dormancy condition is effective through
November 9, 2002.   As to any frequency with which Atlas does not begin
service by November 9, 2002, its allocation with respect to that
frequency will expire automatically.   

