	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

                                   	Issued by the Department of
Transportation on March 12, 2004

		       NOTICE OF ACTION TAKEN -- DOCKET OST-2002-14049

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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  Polar Air Cargo, Inc.     filed   2/24/2004   for:

XX  Adjustment to its Hong-Kong fifth-freedom frequency allocation and
U.S. selection of points as follows:

Order 2003-9-9 allocated Polar Air Cargo, Inc. three frequencies for
services in the Delhi/Penang-Hong Kong fifth-freedom market.  Polar
began those services, but suspended operations due to too few
frequencies for connections and due to issues with the Hong Kong Civil
Aviation Department regarding the scope of Polar’s operating
flexibility.  Polar seeks permission to use these frequencies for
Jakarta-Hong Kong service instead of Delhi/Penang service.  Polar states
that this request would not change the number of Hong Kong fifth-freedom
frequencies allocated to Polar and notes that no other carrier requested
Jakarta service in the proceeding allocating the frequencies.  Polar
believes that its request for an adjustment could be granted without
prejudice to any other carrier.

No answers were filed to the application.

Applicant rep:    Jeffrey A. Manley (202) 663-6670      DOT Analyst: 
Linda Senese  (202) 366-2367

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:  March 12,  2004.

Action taken by:   PAUL L. GRETCH

		     Director, Office of International Aviation

XX  The authority granted is consistent with the October 19, 2002,
Memorandum of Understanding between the Government of the United States
and the Government of the Hong Kong Special Administrative Region of the
People’s Republic of China, and with the air transport agreement
between the Government of the United States and the Government of the
Republic of Indonesia.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:     XX  Holder’s
Certificates of Public Convenience and Necessity

	      XX  Conditions stated ordering paragraphs 2 and 3 in Order
2003-9-9

 (See Reverse Side)

2

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On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption was consistent with the public
interest, and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975. 
To the extent not granted or dismissed, 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

