UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on August 16 , 20 1 2



### NOTICE OF ACTION TAKEN

-- DOCKET S DOT

- O ST

- 2010

- 0200, 1999

- 5035, and 1996

- 1600

_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Departme nt official indicated (no additional confirming order will be issued in this matter).

Applicant: 

### State of Alaska Date Filed: July 23 , 201 2

Relief requested: Renewal of certain blanket exemption authority to foreign air carriers , for a two

- year term, 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 subsequ ently 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 a t the above

- named Alaska a irports:

(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 typ e 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 t ransported by that carrier to Alaska from a poi nt of origin in a third country.

Alaska also asks that we renew our grant of 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 co terminalize points in Alaska with other U.S. points for which they hold Department authority. Alaska further asks that we provide a declaration that, a bsent extraordinary circumstances, we would anticipate routine multi

- year extensions of this authority in the future. 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.

D ate and citation of previous action s : See various Orders and Notices of Action Taken in Dockets DOT

- OST

- 1999

- 5035 , DOT

- OST

- 1996

- 16 00 , and DOT

- OST

- 2010

- 0200

.

Applicant representatives: Jeffrey N. Shane, (202) 637

- 6851 DOT A nalyst: Brett Kruger, (202) 366

- 8025

Responsive pleadings: None

.

DISPOSITION

Action: Approved , subject to conditions (see below) Action date: August 16

, 201 2

Effective dates of authority granted: August 16 , 201 2

– August 16 , 201 4Basis for approval: Our previous public interest findings in the referenced Dockets remain valid and support renewal

of these authorities

.

Conditions/remarks: The cargo trans fer 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) code

- share 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.

Finally, we note that, since Alaska first requested authority for expanded air cargo transfer flexibility at Alaskan international airports in 1996, Alaska has consistently established the public interest bases necessary for the Department to reach favorable disposition of its requests 1 Ba r ring an unforeseeable change in circumstances, we see no reason why we wo uld not continue to be favorably disposed towards renewal of this authority in the future.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

_________________________________________________________________________________ ______________________________________________ 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 int erest; 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 Docket s . We may amend,

modif y, 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 th eir 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 Wo rld Wide Web at: http://www.regulations.gov

1 See various Orders and Notices of Action Taken in the instant Dockets.