 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 13, 2003

   *CORRECTED NOTICE OF ACTION TAKEN -- DOCKET OST-2002-12683

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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      Evergreen International Airlines, Inc.    filed  
7/24/03  for:

XX  Exemption from Order 2003-5-27; start-up date:

By Order 2003-5-27, the Department awarded Evergreen certificate
authority and an allocation of four weekly frequencies to operate
service in the Miami-Manaus/Sao Paulo market.  That award was subject to
the condition that Evergreen must begin service with the frequencies by
August 25, 2003.  Once service was implemented, the frequencies were
subject to a 90-day dormancy condition whereby the frequencies would
expire and revert automatically to the Department if they were not used
for a period of 90 days.  Evergreen seeks an extension of the start-up
date until September 25, 2003.  Evergreen states that although it is
prepared to inaugurate service by August 25, it is very likely that it
will not receive Brazilian authority in time to meet the August 25
start-up date.  

Applicant rep: William C. Evans     202-371-6030  DOT analyst:  Sylvia
Moore      202-366-6519

 

DISPOSITION

XX Granted (see Remarks below)

The above action was effective when taken:   August 6, 2003, through    
September 25, 2003

Action taken by:  Paul L. Gretch, Director

		 Office of International Aviation

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Remarks:  We found that the requested exemption from the start-up
condition imposed on Evergreen’s award in Order 2003-5-27 was in the
public interest in the circumstances presented; namely, that Evergreen
had not yet received the necessary operating authority from the
Government of Brazil.

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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 exemption 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.

*Corrects Notice of Action Taken dated August 6, 2003, to reflect that
the above action is effective through September 25, 2003, and to clarify
information in the footnote. 

2

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 electric version of this document is available on the World Wide Web
at:

http://dms.dot.gov//reports/reports_aviation.asp

 

 Evergreen’s extension of the start-up deadline is effective through
September 25, 2003, or until the date on which Evergreen begins service
under the certificate authority awarded by Order 2003-5-27, whichever
occurs earlier.  Any frequencies not operated for a period of 90-days
(once service under this certificate authority is inaugurated) will
expire automatically.  The 90-day dormancy period with respect to each
frequency will begin on the date Evergreen inaugurates service under
this certificate authority.

