			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on January 14, 2005

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).

Application of ATLAS AIR, INC. (ATLAS), filed 1/10/05 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, granted to Atlas
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 Notices of Action Taken dated June 14, 2004,
September 15, 2004, and November 30, 2004, in the above-captioned
docket, the Department granted the requests of Atlas to extend the
startup deadline for the subject U.S.-Ecuador all-cargo frequencies. 
The most recent extension was granted through January 15, 2005. 

Application for Waiver of the Startup Condition:

On January 10, 2005, Atlas 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 31, 2005.  Atlas states that it has been working
diligently to complete the Ecuadorian licensing process and is almost
ready to start the scheduled service.  Atlas further states that the
only regulatory task remaining is to provide Ecuador with an Atlas
official’s signature on the Ecuadorian operations specifications. 
Atlas states that while it thought it could transmit a copy
electronically, it has been informed that Ecuador requires the original
document, a process which will take several days.  To provide for
additional time for the referenced document transfer and to allow for
other unforeseen events, Atlas requests a further startup waiver through
January 31, 2005.

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

Disposition:

We grant the application filed by Atlas Air for a waiver of the startup
deadline imposed by Order 2004-3-16 in the 2002 U.S.-Ecuador All-Cargo
Service Case, and extend, through January 31, 2005, the startup deadline
for the frequencies allocated to Atlas Air.

In taking this action, we find that grant of the requested waiver is in
the public interest in the circumstances presented; namely, that the
carrier has indicated on the record that it is working diligently to
complete the Ecuadorian licensing process, and that no party opposed the
waiver request here.  

We acted on this application without awaiting expiration of the 15-day
answer period with the consent of all parties served with the
application.

The above action was effective when taken: January 14, 2005.   

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 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 31,
2005, or until the date on which Atlas begins service with their
allocated U.S.-Ecuador frequencies, whichever occurs earlier.  As to any
frequency with which Atlas does not begin service by January 31, 2005,
the allocation with respect to that frequency will expire automatically
and revert to the Department for reallocation. 

