 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 11, 2003

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15838

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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    United Parcel Service Co.    filed   8/1/03  for:

XX Allocation of four Russia overflight frequencies to provide the
following service:

Four one-way weekly eastbound flights between Cologne, Germany and Hong
Kong, over Tashkent.

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

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:   September 11, 2003, and
will remain in effect indefinitely, subject to conditions.

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation

	

XX  The Annexes to the U.S.-Russia Air Transport Agreement expired on
January 22, 2001.  However, the operations proposed by UPS are in
conformance with the Annexes agreed to by both sides ad referendum on
April 11, 2002.  Both sides, as agreed, have initiated the necessary
internal procedures for bringing these Annexes into force.

  

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

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Conditions:  Consistent with our standard practice, once a carrier has
inaugurated service, all of its allocated frequencies are subject to a
90-day dormancy condition so that if any frequency is not used for a
period of 90 days, the allocation as to that unused frequency will
expire automatically and the frequency will revert to the Department for
reallocation.  The 90-day dormancy period for all frequencies will begin
on October 28, 2003, the start-up date proposed by UPS, or on the date
that UPS begins using the frequencies, whichever is earlier.

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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 exemption 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 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.

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 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 

