 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 8, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15450

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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:  Atlasjet Uluslararasi Havacilik A.S.				Date Filed:  June
18, 2003

Relief requested: Exemption authority from 49 U.S.C. § 41301 to engage
in charter foreign air transportation of persons, property and mail
between any point or points in Turkey and any point or points in the
United States; and to conduct other charters in accordance with Part 212
of the Department’s rules.

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

Applicant representative:  John L. Richardson (202) 371-2258

DOT Analyst:  Gordon H. Bingham (202) 366-2404

Responsive pleadings:  Atlas Air Inc., a U.S. certificated air carrier,
and the applicant exchanged various responsive pleadings concerning name
similarity.  Atlas states that while it does not oppose granting the
applicant the authority it seeks, it urges us to address a
name-confusion problem (as well as the applicant’s aircraft livery and
color scheme which Atlas believes is similar to its own) by conditioning
the award of authority on the applicant’s agreement not to use the
“Atlas” root in its name or logo for any all-cargo service the
applicant might offer.  Atlas Air believes that here, where the public
will undoubtedly be confused by the applicant’s name and aircraft
appearance, the Department could act prospectively under § 41712 of
Title 49 (Unfair & Deceptive Practices) to prevent harm to U.S.
consumers.  The applicant opposes Atlas’ request asserting that the
potential for public confusion in this case is negligible, noting that
each offers a different service.  The applicant states that its
operations are principally “bulk transportation of passengers on
charter flights” while Atlas is an all-cargo carrier not authorized
under its current certificate to “solicit or transport passengers.”

	DISPOSITION

Action:  Approved 								Action date:  September 8, 2003

As to Atlas’ concerns and its request that we impose a holding out
condition on the applicant’s authority, we note that we do not make
public interest determinations under our regulations concerning name
similarity (14 CFR Part 215). As we have noted in the past, the
responsibility for resolution of name disputes rests with affected
carriers through recourse to trade name statutes and the civil courts. 
Against this background, we are not persuaded that the question
concerning the applicant’s name-similarity, or the livery on its
aircraft, warranted delay of favorable action on the applicant’s
request.  Moreover, there does not appear to be a sufficient potential
for consumer harm to be concerned that a violation of § 41712 might
occur.

Effective dates of authority granted:  September 8, 2003-September 8,
2005

Basis for approval (bilateral agreement/reciprocity):  U.S.-Turkey
bilateral aviation agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X  Standard exemption conditions (Attached)

2

Special conditions/Partial grant/Denial basis/Remarks:  Based on the
record in this case, we found that Atlasjet is financially and
operationally qualified to perform the services authorized above.  In
addition, we found that Atlasjet is substantially owned and effectively
controlled by Turkish citizens.  In addition, all of Atlasjet’s key
management personnel are citizens of Turkey.  The carrier is properly
licensed by the Government of Turkey to perform the proposed services. 
By memorandum dated July 9, 2003, the FAA advised us that it knew of no
reason why we should act unfavorably on Atlasjet’s application.

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) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) 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:

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

		

Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

  We grant all motions to file otherwise unauthorized documents.

  In the conduct of charter operations authorized above, the holder may,
without prior Department approval, carry charter traffic between the
United States and a third country point, provided that, except with
respect to cargo charters, such charter traffic is carried on a flight
that serves Turkey for purposes of carrying traffic between the United
States and Turkey.

  See Notices of Action Taken in Docket 48622 (Leisure International
Airways Ltd.), dated April 15, 1993 and Docket OST-2001-11057 (Challenge
Air Luftverkehrs GmbH), dated March 29, 2002.

  Atlasjet is 96% owned by Oger Holding A.S., a Turkish-owned tour
operator.  Oger Holding is owned by Vural Oger, a citizen of Turkey. 
Mr. Oger also holds German citizenship.  Each of Atlasjet’s four
remaining owners is a citizen of Turkey.

08/2003

