			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 14, 2004

NOTICE OF ACTION TAKEN -- DOCKETS 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  9/9/04  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  9/10/04 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.  By Notice of Action Taken dated June 14,
2004, in the above-captioned docket, the Department granted the requests
of Atlas Air and Florida West to extend the startup deadline for the
subject U.S.-Ecuador all-cargo frequencies through September 15, 2004.

Applications for Waivers of the Startup Condition:

On September 9, 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 deadline be extended for an additional period
through December 1, 2004.   Florida West states that, although it has
diligently pursued its request with the Ecuadorian Consejo Nacional de
Aviación Civil (CNAC) for the requisite authority to provide the
services proposed, it has not yet received such authority.  Florida West
explains that the CNAC has scheduled a hearing on September 22 to
consider Florida West’s permit.   The carrier states that, while it
hopes to receive the subject authority before December 1, it requests an
extension to that date to avoid burdening the Department’s staff with
requests for a series of short-term waivers, should the process take
longer than expected.   (Applicant rep.: Marshall S. Sinick
(202)626-6651  DOT Analyst: Thuy H. Cooper (202)366-5423)

On September 10, 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 for an additional period
through December 1, 2004.  Atlas Air states that, although it has worked
diligently with the Ecudorian Dirección General de Aviación Civil
(CNAC), to obtain the requisite authority to provide the services
proposed, it has not yet received such authority.  Atlas Air explains
that it has submitted all of the required documentation and has obtained
the final report of the CNAC necessary for the issuance of the subject
Ecuadorian authority.  Atlas Air states, however, that the CNAC must now
schedule a public hearing to consider Atlas Air’s application.  Atlas
Air states that it has been advised by its attorney in Ecuador that this
process could take an additional 60-75 days.  (Applicant rep.:  Russell
E. Pommer (202)822-9121  DOT Analyst:  Thuy H. Cooper (202)366-5423)  

Answers/Responsive Pleadings:

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

Disposition:

We grant 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 amend, through December 1,
2004, the startup deadline for the frequencies allocated to Florida West
and Atlas Air in this matter.

In taking this action, we found that grant of the requested waivers was
in the public interest in the circumstances presented; namely, that both
of the carriers have indicated on the record that they are diligently
working to obtain the requisite Ecuadorian Government authority, and
that no party opposed their respective waiver requests here.  

The above action was effective when taken: September 14, 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 December 1, 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 December
1, 2004, the allocation with respect to that frequency will expire
automatically. 

