 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, DC

Issued by the Department of Transportation on February 4, 2003

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 1/29/03 for:

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

Atlas requests a three-month extension through May 9, 2003, of its
current waiver of the 90-day dormancy condition applicable to two of its
ten US-Brazil all-cargo frequencies.  By Notice of Action Taken, dated
September 24, 2002, in this docket, the Department granted Atlas a
dormancy waiver for four of its ten US-Brazil frequencies through
November 9, 2002.  Subsequently, by Notice of Action Taken, dated
November 7, 2002, in this docket, the Department granted Atlas a further
dormancy waiver for two of the ten US-Brazil frequencies through
February 9, 2003.  

In support of its further waiver request here, Atlas states that it
seeks additional time to respond to economic circumstances and operate
the full ten 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: February 4, 2003, through May
9, 2003.

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 

Atlas’ waiver from the dormancy condition is effective through May 9,
2003.   As to any frequency with which Atlas does not begin service by
May 9, 2003, its allocation with respect to that frequency will expire
automatically.   

