			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 30, 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 ATLAS AIR, INC. (Atlas), filed 11/12/04 for:

				 

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

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

filed 11/17/04  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
Atlas six available frequencies to conduct scheduled U.S.-Ecuador
all-cargo air transportation services; and (2) granted to Florida West
five 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 Notices of Action Taken dated June 14, 2004 and
September 15, 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.  The most
recent extension was granted through December 1, 2004. 

Applications for Waiver of the Startup Condition:

On November 12, 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 January 15, 2005.  Atlas states that the Ecuadorian Dirección
General de Aviación Civil (CNAC) held a public hearing regarding its
pending application that resulted in the issuance of a CNAC resolution
authorizing Atlas to provide scheduled service.  Atlas explains, however
that the authorization will not be finalized until Atlas has completed
its presentation of the requisite technical documents, including a local
bank warranty in favor of the Government of Ecuador and modified
Ecuadorian operations specifications.  Atlas states that, although it is
preparing the required documents for submission, the process will not be
completed by 

December 1, 2004, the current start-up deadline.

(Applicant rep.: Russell E. Pommer (202)822-9121  DOT Analyst:  Thuy H.
Cooper (202)366-5423 )

On November 17, 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 January 15, 2005.  Florida West states that the CNAC held a
public hearing regarding its pending application that resulted is the
issuance of a tentative “favorable acceptance” authorizing Florida
West to provide scheduled service.  Florida West explains, however, that
the authorization will not be finalized until Florida West finishes
presenting the required technical documents, including several
operations specifications amendments.  Florida West states that although
it is preparing the necessary documents for submission, the process will
not be completed by December 1, 2004, the current start-up deadline. 

(Applicant rep.: Marshall S. Sinick (202)626-6651  DOT Analyst: Thuy H.
Cooper (202)366-5423)

Answers/Responsive Pleadings:

No party opposed the requests of Atlas Air and Florida West 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 extend, through January 15,
2005, the startup deadline for the frequencies allocated to Florida West
and Atlas Air.

In taking this action, we find that grant of the requested waivers is 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: November 30, 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

  Extension of the startup deadline is effective through January 15,
2005, 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 January 15, 2005, the allocation with
respect to that frequency will expire automatically. 

