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 

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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). 

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 cargo transfer and other services at Ted Stevens Anchorage 

International Airport and Fairbanks International 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 cargo 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 transportation to the carrier’s homeland is a continuation of 

the transportation from behind Alaska; 

(3) to commingle cargo moving in foreign air transportation with cargo traffic not moving in foreign air 

transportation; 

(4) to discharge cargo in Alaska for transfer to a U.S. carrier for onward carriage to a final destination in the United 

States or in a third country, and to uplift from Alaska cargo transferred from a U.S. carrier which was transported 

by that carrier to Alaska from a point of origin elsewhere in the United States or in a third country; and 

(5) to discharge cargo in Alaska for transfer to another foreign 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 exemption 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 points in Alaska with other U.S. points for which they hold 

Department authority. Finally, Alaska asks that we once again emphasize our invitation to 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. 

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 granted: August 19, 2010 – August 19, 2012 

 

1

 By Notice dated August 11, 2010, we shortened the answer 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 grants 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 foreign air carrier, in its own name and under its code, from 

any third country point to a point in the United States except as otherwise authorized by the Department; (3) codeshare operations to U.S. points unless both carriers otherwise hold Department authority between the points involved 

and the requisite Statement of Authorization; 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 

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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 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/deferred/dismissed, we denied all 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 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://www.regulations.gov