 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on June 14, 2004

                     NOTICE OF ACTION TAKEN -- DOCKET OST-2002-12503

_____________________________________________________________

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).

1.  Application of FLORIDA WEST INTERNATIONAL AIRLINES, INC. (Florida
West) 

filed    5/27/04  for:

				 

XX  Waiver of startup deadline in Order 2004-3-16 for U.S.-Ecuador
all-cargo services

2.  Application of ATLAS AIR, INC. (Atlas Air),  filed    5/28/04  for:

				 

XX  Waiver of startup deadline in Order 2004-3-16 for U.S.-Ecuador
all-cargo services

Background:

By Order 2004-3-16, the Department, among other things: (1) granted to
Florida West five available frequencies to conduct scheduled
U.S.-Ecuador all-cargo air transportation services; and (2) granted to
Atlas Air six available frequencies to conduct scheduled U.S.-Ecuador
all-cargo air transportation services.  These awards were subject to the
condition that the carriers commence service with the frequencies no
later than June 14, 2004.  Once service was implemented, the frequencies
were subject to a 90-day dormancy condition whereby the frequencies
would expire and would revert automatically to the Department if they
were not used for a period of 90 days.  

Applications for Waivers of the Startup Condition:

On May 27, 2004, Florida West filed an application in the captioned
docket for a waiver of the startup condition imposed by Order 2004-3-16,
and asked that the startup period be extended through September 15,
2004.   Florida West states that, although it has made substantial
progress with its application for Ecuadorian Government authority to
provide the services proposed in this matter, it will likely take an
additional 90 days for the Government of Ecuador to issue the subject
authority.  Florida West states that it is prepared to inaugurate the
proposed scheduled service to Ecuador as soon as it receives its
Ecuadorian authority.  (Applicant rep.:	 Marshall S. Sinick
(202)626-6651)

On May 28, 2004, Atlas Air filed an application in the captioned docket
for a waiver of the startup condition imposed by Order 2004-3-16, and
asked that the startup period be extended through September 15, 2004. 
Atlas Air states that, although it has worked diligently to effect
certain required notifications and has compiled all the documents
necessary for the Ecuadorian Government authority to provide the
services proposed in this matter, it anticipates that it will take
several more months to receive the subject authority.  Atlas Air states
that it is prepared to inaugurate scheduled service to Ecuador as soon
as it receives its Ecuadorian authority.  (Applicant rep.:  Russell E.
Pommer (202)822-9121)  

Answers/Responsive Pleadings:

No party opposed the requests of Florida West or Atlas Air in this
matter. 

											2

Disposition:

We are granting the applications filed by Florida West and Atlas Air for
waivers of the startup deadline imposed by Order 2004-3-16 in the 2002
U.S.-Ecuador All-Cargo Service Case, and are amending the startup
deadline through September 15, 2004, for frequencies allocated to
Florida West and Atlas Air in this matter.

We found that the requested waivers from the startup condition imposed
on Florida West’s and Atlas Air’s award in Order 2004-3-16 were in
the public interest in the circumstances presented; namely, that both of
the carriers have indicated on the record that they are working to
obtain the requisite Ecuadorian Government authority to commence
services as soon as possible, and that no party has opposed their
respective requests for waivers of the startup deadline.  

The above action was effective when taken: June 11, 2004.

XX  Action taken by:	Paul L. Gretch, Director		

			Office of International Aviation

________________________________________________________________________
______________

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 request(s) 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 authority
granted 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

  Florida West’s and Atlas Air’s extension of the startup deadline
is effective through September 15, 2004, or until the date on which
Florida West or Atlas Air begins service with each of their allocated
U.S.-Ecuador frequencies, whichever occurs earlier.  As to any frequency
with which Florida West or Atlas Air does not begin service by September
15, 2004, the allocation with respect to that frequency will expire
automatically. 

