UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on August 19, 2010



### NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2010-0200, 1999-5035, and 1996-1600

_______________________________________________________________________________________________________________________________ _ This serves as notice to the public of th e action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

Applicant: 

### State of Alaska Date Filed: August 5, 2010

Relief requested: Exemption from 49 U.S.C. § 41301, for a two-year term, to reinstate certain blanket exemption authority to foreign air carriers to conduct certain car go transfer and other services at Ted Stevens Anchorage International Airport and Fairbanks Intern ational Airport. Specifically, Alaska requests that we grant all foreign air carriers which currently hold, or which may subsequently receive, effective Department authority to engage in scheduled foreign air transportation of cargo (whether under authorizations permitting combination or all-cargo services), exemption authority to engage in the following car go transfer activities at the above-named Alaska airports:

(1) to transfer cargo from any of their aircraft to any of their other aircraft, provided that both aircraft are operating to/from a point in the carrier’s homeland; (2) to make changes, at points in Alaska, in the type or number of aircraft used to transport cargo, provided that in the outbound direction the transportation beyond Alaska is a continuation of the transportation from the carrier’s homeland to Alaska, and in the inbound direction, the trans portation to the carrier’s homeland is a continuation of the transportation from behind Alaska; (3) to commingle cargo moving in foreign air transpor tation with cargo traffic not moving in foreign air transportation; (4) to discharge cargo in Alaska for transfer to a U.S. carri er for onward carriage to a final destination in the United States or in a third country, and to uplift from Alaska car go transferred from a U.S. carrier which was transported by that carrier to Alaska from a point of origin elsew here in the United States or in a third country; and (5) to discharge cargo in Alaska for transfer to another fore ign carrier for onward carriage to a final destination in a third country, and to uplift from Alaska cargo transferred from another foreign carrier which was transported by that carrier to Alaska from a point of origin in a third country.

Alaska also asks that we reinstate ex emption authority to all foreign air carriers that currently hold, or may subsequently receive, effective Department authority to serve points in the United States, to allow them also to serve any point or points in Alaska, and to coterminalize point s in Alaska with other U.S. points for which they hold Department authority. Finally, Alaska asks that we once agai n emphasize our invitation to foreign air carriers to apply for authority to serve additional U.S. points on an extrabila teral basis, where those additional U.S. points would be served only on flights also serving Alaska.

Date and citation of previous actions: See various Orders and Notices of Action Taken in Dockets DOT-OST-1999-

5035 and 1996-1600.

Applicant representatives: Jeffrey N. Shane, (202) 637-6851 DOT Analyst: George Wellington (202) 366-2391

Responsive pleadings: On August 16, 2010, Air China Cargo Company filed an answer in support of the application. 1

DISPOSITION

Action: Approved, subject to conditions (see below) Action date: August 19, 2010

Effective dates of authority grante d: August 19, 2010 – August 19, 2012

1 By Notice dated August 11, 2010, we shortened the an swer period for this application to August 16, 2010.Basis for approval: Our previous public interest findings in the referenced Dockets remain valid and support

reinstatement of these authorities.

Conditions/remarks: As was the case with our previous gr ants of these authorities, the cargo transfer authority described above will not permit (1) the carriage of traffic by a foreign air carrier, in its own name and under its code, from any point in the carrier’s homeland to a point in the United States not otherwise authorized by the Department from that homeland point; (2) the carriage of traffic by a fo reign air carrier, in its own name and under its code, from any third country point to a point in the United States ex cept as otherwise authorized by the Department; (3) codeshare operations to U.S. points unless both carriers otherwi se hold Department authority between the points involved and the requisite Statement of Author ization; and (4) cabotage operations.

As Alaska has requested, we again invite foreign air carriers to apply for authority to serve additional U.S. points on an extrabilateral basis, where those additional U.S. points would be served only on flights also serving Alaska.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

_______________________________________________________________________________________________________________________________ Under authority assigned by the Department in its regula tions, 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 acti on under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied a ll requests in the referenced Dockets. 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 th e 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://www.regulations.gov