 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, DC

Issued by the Department of Transportation on September 25, 2003

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

__________________________________________________________________

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 9/15/03 for:

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

Atlas seeks a dormancy waiver for four of its ten U.S.-Brazil all-cargo
frequencies through September 30, 2004.  By Notice of Action Taken dated
March 28, 2003, in this docket, the Department granted Atlas a dormancy
waiver for five of its ten U.S.-Brazil frequencies through September 30,
2003.  Atlas now requests a one-year extension through September 30,
2004, of its current waiver of the 90-day dormancy condition applicable
to four of these five U.S.-Brazil all-cargo frequencies.  

Atlas states that it is currently using six of its ten frequencies,
including one of the five frequencies for which it had been previously
granted a dormancy waiver.   

In support of its waiver request here, Atlas states that it is
continuing to experience adverse market conditions in the U.S.-Brazil
all-cargo market and, furthermore, that it needs additional time to
respond to economic circumstances before it can expand to full operation
of its ten U.S.-Brazil frequencies.  Atlas maintains that it remains
committed to such service expansion when economic conditions improve.   


We received no answers to Atlas’ application.  

Applicant rep:  Russell E. Pommer, 202-354-3843      DOT analyst:
Michael D. Bodman 202-366-9667

DISPOSITION

XX  Granted. (See below).

The above action was effective when taken: September 25, 2003, through
September 30, 2004.

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.  

We find that grant of Atlas’ request, in the particular circumstances
presented, is in the public interest.  However, we are putting Atlas on
notice that there should be no expectation that an additional request
will similarly be granted.  As is our policy in considering dormancy
waiver requests, we reserve the right to reexamine whether grant of this
waiver continues to be in the public interest.  Any future request to
extend the dormancy waiver for the frequencies at issue here will have
to be considered in light of the specific arguments offered and
responses thereto, and in the context of the circumstances present at
that time, including whether another carrier seeks to use the
frequencies at issue.

________________________________________________________________________
____________

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
September 30, 2004.   As to any frequency with which Atlas does not
begin service by that date, its allocation with respect to that
frequency will expire automatically.   

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