 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 30, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-14588

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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).

Applicant:  ALLCANADA EXPRESS INCORPORATED d/b/a ALLCANADA EXPRESS
(Applicant)

Date Filed:  February 25, 2003, as supplemented on March 25, 2003, and
April 7, 2003.

Relief requested:  Exemption from 49 USC section 41301 to permit the
Applicant to conduct all-cargo charter operations between any point or
points in Canada and any point or points in the United States, and other
all-cargo charters in accordance with 14 CFR Part 212.

If renewal, date and citation of last action:  New authority.

Applicant representative:  Stephen A. Alterman, 202-293-1030      DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  ZWAIG Consulting filed several responsive
pleadings, which it subsequently withdrew.

                                                                        
        DISPOSITION

We granted ALLCANADA EXPRESS INCORPORATED d/b/a ALL CANADA EXPRESS, an
exemption to conduct the above-described all-cargo for a period of one
year (that is, through April 30, 2004).  In taking this action, we found
that the Applicant is operationally and financially qualified to conduct
its proposed operations and is substantially owned and effectively
controlled by Canadian citizens.  The Applicant is licensed by its
homeland to conduct these all-cargo operations and, moreover,
U.S.-Canada cargo charter operations are encompassed by the United
States-Canada Air Transport Services Agreement (Agreement).  Also, the
FAA advised us that it knows of no reason to withhold this authority. 1/

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations of our standard exemption conditions,
and to all applicable provisions of the U.S.-Canada Agreement.  Further,
the above grant includes authority to conduct Third and Fourth Freedom
charter operations.  Other charter operations to/from the United States
under this authority, however, are subject to prior approval under 14
CFR Part 212.

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation	

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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; (2) grant of the authority 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/deferred/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

1/  Together with its March 25 Supplement, the Applicant filed a motion
to withhold the contents from public disclosure.  On April 7, 2003, the
Applicant withdrew this motion.  The Applicant also requested that we
shorten the answer period in this proceeding; however, we allowed the
full period of responsive pleadings provided in 14 CFR section 302.307.

