 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 13, 2004

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

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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 Arrow Air, Inc.  filed  6/14/04  for:

				 

XX  Waiver of 90-day startup condition for U.S.-Ecuador all-cargo
services.

By Order 2004-3-16, the Department granted Arrow two available
frequencies to conduct scheduled U.S.-Ecuador all-cargo air
transportation services.  The award was subject to the condition that
Arrow institute its proposed service within 90 days (i.e., no later than
June 14, 2004).

On June 14, 2004, Arrow filed an application in the above-captioned
docket for a waiver of the startup condition imposed by Order 2004-3-16,
and asked that the startup period be extended for an additional 90 days.
 Arrow stated that it was just informed, “as of the date of this
application,” that the Ecuadorian civil aviation authorities have been
unable to locate documents issued by the U.S. Department of
Transportation that evidence Arrow’s authority to operate the subject
frequencies.  Arrow explained that, as an incumbent carrier already
providing scheduled services to Ecuador, it did not expect to encounter
difficulty in obtaining the requisite authority to provide the
additional services authorized.  Arrow stated that, in the circumstances
presented, it is in the public interest to grant the start-up waiver
requested.  

No answers to the application were filed.  

Applicant Rep:  Lawrence D. Wasko (202) 862-4370    DOT Analyst: 
Michael Bodman (202) 366-9667

								

DISPOSITION

XX  Granted (see remarks below)

The above action was effective when taken:  July 13, 2004 through
September 15, 2004.

Action taken by:		Paul L. Gretch, Director		

			Office of International Aviation

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Remarks:  We have granted the application filed by Arrow for a waiver of
the start-up deadline imposed by Order 2004-3-16 in the 2002
U.S.-Ecuador All-Cargo Service Case, and have amended the start-up
deadline through September 15, 2004, for frequencies allocated to Arrow
in this matter.  We also granted Arrow, sua sponte, an interim waiver of
the start-up deadline from June 14, 2004, until July 13, 2004, as the
answer date for Arrow’s late-filed application had not passed, nor had
Arrow completed polling all parties, before the June 14 start-up
deadline.  

We found that waiving the start-up condition imposed on Arrow’s award
by Order 2004-3-16 was in the public interest in the specific
circumstances presented; namely, that Arrow has indicated on the record
that it is working to obtain the requisite Ecuadorian Government
authority to commence services as soon as possible, that it was only
advised on the date of its waiver application that such Ecuadorian
authority would not be timely forthcoming, and that no party has opposed
its request for a waiver of the start-up deadline.  

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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 application was consistent with the public
interest.  To the extent not granted, we denied all requests in the
referenced Docket.  

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

Arrow’s extension of the start-up deadline is effective through
September 15, 2004, or until the date on which Arrow begins service with
each of its allocated frequencies, whichever occurs earlier.  As to any
frequency with which Arrow does not begin service by September 15, 2004,
its allocation with respect to that frequency will expire automatically.
 

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