 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on January 24, 2005

                     NOTICE OF ACTION TAKEN -- DOCKET OST-04-17680

_____________________________________________________________

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).

Motion of   American Airlines, Inc.    filed   1/3/2005  for:

				 

XX  Waiver of dormancy condition:

The Department granted exemption authority to American to provide
scheduled transportation of persons, property, and mail between
Honolulu, Hawaii, and Tokyo, Japan and allocated it seven weekly
frequencies to operate this service.  The frequencies are subject to the
condition that they will expire automatically and revert to the
Department for reallocation if they are not used for a period of 90 days
after American’s proposed start-up date of November 1, 2004. 
Therefore, the frequencies would expire January 30, 2005.  American
seeks a waiver of the 90-day dormancy condition until November 1, 2005. 
It states that it has been unable to secure the needed slots at Tokyo
Narita Airport to operate this Honolulu-Tokyo service.  

No objections to American's application were filed.  

Applicant rep.:  Carl B. Nelson, Jr.,  (202) 496-5647   DOT analyst:  
Gerald Caolo,  (202)-366-2406   

DISPOSITION

XX Granted (See remarks below) 

The above action with respect to the frequencies was effective when
taken: January 24, 2005,     through    November 1, 2005 

 

XX  Action taken by:	Paul L. Gretch, Director		

			Office of International Aviation

XX  The authority granted is consistent with the Air Transport Services
Agreement between the United States and Japan.

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_____________

Remarks:

We find that grant of American's request, in the particular
circumstances presented, is in the public interest.  However, we are
putting American 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 further request to extend the dormancy waiver for the frequencies 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
frequencies at issue. 

________________________________________________________________________
___________

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 electronic version of this document is available on the World Wide
Web at:

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

 See Notice of Action Taken dated May 10, 2004, Docket OST-2004-17680.

 American’s waiver from the dormancy condition is effective through
November 1, 2005.  As to any frequency with which American does not
begin service by that date, its allocation with respect to that
frequency will expire automatically.  

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