	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC



Issued by the Department of Transportation on December 2, 2004

NOTICE OF ACTION TAKEN -- DOCKETS OST-2004-19666

________________________________________________________________________

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).

ApplicationApplications of   Evergreen International Airlines, Inc. 
filed  11/12/04 for:

XX Exemption pursuant to 49 U.S.C. §40109 to provide the following
services:

Scheduled foreign air transportation of property and mail between a
point or points in the United States and Nagoya, Japan, and beyond to
Seoul, South Korea.   Evergreen also requests authority to integrate
this authority with Evergreen’s existing exemption and certificate
authority, and to commingle traffic on the authorized services.

XX Allocation of five-weekly U.S.-Japan all-cargo frequencies to provide
scheduled service between the United States and Nagoya, Japan.

Applicant rep:  Thomas V. Lydon  (202) 861 6459  DOT Analyst: Gerald
Caolo   (202) 366-2406

D I S P O SI T I O N

XX  Granted  (subject to conditions, see below)

The above action granting the exemption was effective when taken:
December 2, 2004, through, December 2, 2006

The frequency allocation was granted:  December 2, 2004, and will remain
in effect indefinitely, provided that Evergreen continues to hold the
necessary underlying authority to serve the United States-Nagoya market.

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation	

XX   The authority granted here is consistent with the 1998 Memorandum
of Understanding between the United States and Japan.

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		

		XX  Standard Exemption Conditions (attached)

___________________________________________

___________________________________________

Conditions:  Consistent with our standard practice, the frequency
allocation granted is subject to the condition that if any frequencies
are not used for a period of 90 days, the allocation as to those
frequencies would expire automatically and the unused frequencies will
revert to the Department for reallocation.  The 90-day dormancy period
will begin on June 1, 2005, the date Evergreen proposes to inaugurate
operations with these frequencies.

The route integration authority granted is subject to the condition that
any service provided under this exemption shall be consistent with all
applicable agreements between the United States and the foreign
countries involved.  Furthermore, (a) nothing in the award of the route
integration authority requested should be construed as conferring upon
Evergreen rights (including fifth-freedom intermediate and/or beyond
rights) to serve markets where U.S. carrier entry is limited unless
Evergreen notifies the Department of its intent to serve such a market
and unless and until the Department has completed any necessary carrier
selection procedures to determine which carrier(s) should be authorized
to exercise such rights; and (b) should there be a request by any
carrier to use the limited-entry route rights that are included in
Evergreen’s authority by virtue of the route integration exemption
granted here, but that are not then being used by Evergreen, the holding
of such authority by route integration will not be considered as
providing any preference for Evergreen in a competitive carrier
selection proceeding to determine which carrier(s) should be entitled to
use the authority at issue.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

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, 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 order 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 

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

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

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544. 
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI 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; and

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

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 Evergreen proposes initial service between Columbus, Ohio, and Nagoya
and beyond to Seoul on a blind sector basis, beginning June 1, 2005.

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