 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 25, 2003

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15686

________________________________________________________________________
______________

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      United Parcel Service Co.   filed   7/8/03  for:

XX  Waiver from the 90-day dormancy condition:

By Order 2000-6-7, the Department awarded United Parcel Service Co.
(UPS) certificate authority and an allocation of four weekly frequencies
to operate services in the U.S.-Brazil market.  These frequencies were
subject to a dormancy condition that any frequencies not used for a
period of 90 days would revert automatically to the Department for
reallocation.  UPS requests a waiver from the 90-day dormancy condition
for ½ of one of its four frequencies through July 8, 2004.  UPS states
that it discontinued service with one weekly narrow-body aircraft due to
the recession in Brazil and the global economic downturn.  UPS’ ½
frequency would expire August 30, 2003, absent the waiver.  

Applicant rep: David L. Vaughan    202-955-9864  DOT analyst:  Sylvia
Moore      202-366-6519

 

DISPOSITION

XX Granted (see Remarks below)

The above action was effective when taken:       July 25, 2003, through 
 July 8, 2004

Action taken by:  Paul L. Gretch, Director

		 Office of International Aviation

________________________

Remarks:  We find that grant of UPS’ request, in the particular
circumstances presented, is in the public interest.  However, we are
putting UPS on notice that there should be no expectation that an
additional request will similarly be granted.  As is our policy in
considering dormancy waiver requests, we reserve the right to reexamine
whether grant of this waiver continues to be in the public interest. 
Any future request to extend the dormancy waiver for the frequency at
issue here will have to be considered in light of the 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
frequency at issue.

(See Reverse Side)

2

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 waiver 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.

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

 

 UPS’ waiver from the dormancy condition is effective through July 8,
2004, or until the date on which UPS resumes service with the ½
frequency, whichever occurs earlier.  If UPS does not begin service by
July 8, 2004, its allocation with respect to that ½ frequency will
expire automatically.

