 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on February 13, 2004

NOTICE OF ACTION TAKEN

DOCKETS OST-2003-15021 and OST-2002-12554

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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  American Airlines, Inc.  filed  February 6, 2004, for:

				 

XX  Limited dormancy waiver  to preserve  American’s seven Los
Angeles-Tokyo frequencies from the March 31, 2004, blanket dormancy
waiver expiration date, until April 18, 2004. 

Background

Order 2003-4-18 granted U.S. passenger carriers holding limited
international route authority a blanket waiver of the dormancy
conditions applicable to their authorities through March 31, 2004.  The
order also required U.S. carriers to notify the Department in writing no
later than February 15, 2004, of the limited-entry rights that they will
not be using beginning April 1.  Finally, Order 2003-4-18 provided that
carriers are free to seek extension of the dormancy waiver beyond March
31, 2004, for specific city-pair limited-entry services where they can
demonstrate that circumstances warrant.

American filed a Notice of its intent to use seven weekly frequencies
for daily nonstop service between Los Angeles and Tokyo, starting April
4, 2004.  American noted that the Department granted Delta an amended
notice on February 5 to extend Delta’s waiver for  its Atlanta-Buenos
Aires market.  American requests similar treatment and thus requests its
waiver to be granted until April 18, 2004.  American stated that it
would poll all parties served with its application for non-objections. 
By letter dated February 6, 2004, American advised the Department that
there are no objections to its application. 

Applicant rep:  Carl B. Nelson, Jr.  202-496-5647 

DOT analyst:    Linda Senese, 202-366-2367

DISPOSITION

XX  Granted (see Remarks below)

The above action was effective when taken   February 13, 2004, through  
April 18, 2004 .

2

XX  Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

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Remarks:  We find that grant of American’s request, in the particular
circumstances presented, is in the public interest.  However, we are
putting American on notice that there should be no expectation that an
additional request will necessarily be granted.  Any future request to
extend the dormancy waiver for the frequencies at issue here will have
to be considered in light of any specific arguments offered and
responses thereto, and in the context of the circumstances present at
that time, including whether another carrier seeks to use the
frequencies at issue.

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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 authority 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 action taken 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

 American’s waiver from the dormancy condition is effective through
April 18, 2004, or until the date on which American begins service with
each of these frequencies, whichever occurs earlier.  As to any
frequency with which American does not begin service by April 18,  2004,
its frequency allocation with respect to that frequency expires
automatically.

