UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on June 6 , 2013

NOTICE OF AC TION TAKEN

-- DOCKET DOT

- OST

- 2013

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## ___________________________________ ___________ ________________________ _____ __ This serves as notice to the public of the action described below, taken by the Department of ficial indicated (no additional confirming order will be issued in this matter).

Application of Polar Air Cargo Worldwide, Inc. (“Polar” ) filed 5/7/ 13 for :

XX Waiver of the start

- up / dormancy condition s for 11 of Polar’s 12 Russian overflight frequencie s through the

end of the Summer 2013 traffic season, i.e.

, through October 26, 2013

.

By Notice of Action Taken on March 7, 2013

, in this docket, the Department allocated to Polar 12 weekly Russian overflight frequencies for scheduled all

- cargo service s du ring the IATA Summer 2013 traffic season. 1 Polar state s that it

has beg u n operations using one of the subject frequencies but that due to various circumstances and delays in foreign government approvals Polar now needs a waiver of the start

- up/ dormancy co nditions for the remaining 11 frequencies

.

Applicant Rep.: K evin Montgomery 202

- 828

- 1002 DOT A nalyst : Darren Jaffe 202

- 366

- 2512

Responsive Pleadings : Southern Air Inc. ( “Southern”) filed an answer to Polar’s application opposing Polar’s request

. Sout hern states that granting Polar a waiver until October 26, 2013, would amount to grandfathering the frequencies for

Polar’s use in the IATA Winter 2013

- 14 season when the frequencies were allocated only for the IATA 2013 Summer season according to the term s of the Department’s allocation proceeding. 2

Polar filed a reply to Southern’s answer. 3 Polar states that contrary to what Southern implies, “Polar has not filed its waiver application to set the stage for a claim to 11 Russ i a overflight frequencies fo r the immediately following Winter Season.” Reply, at 2. Polar states further that a Department notice inviting applications for Russian overflight frequencies

for the IATA Win ter s eason 2013

- 14 must be issue d before the end of the Summer s eason
, and new allocations made, and that other carriers will not be prejudiced if Polar is granted a dormancy waiver as requested. In addition, Polar states that 19 frequencies remain available for allocation.

The Federal Express Corporation (“FedEx Express”) filed a reply to Southern’s answer. 4 FedEx Express takes no position on Polar’s waiver request. Instead, FedEx Express requests that the Department grant all carriers holding Russia overflight allocations a blanket dormancy waiver until demand for overflight fr equencies exceeds supply. Southern filed

a response opposing F edEx Express ’s proposal

. 5

Decision : We have decided to grant Polar’s waiver request through the end of the Summer 2013 traffic season

, i.e.

, through October 26, 2013. Approval of Polar’s r equest will not prejudice other carriers as the duration of the waiver is within the scope of the allocation proceeding

, which was limited to the Summer 2013 traffic season , and 19 Summer overflight frequencies remain unallocated

. We will address the matte r of post

- Summer 2013 traffic season overflight frequency allocations separately and at a later date. 6

DISPOSITION

1 That award was subject to our standard practice in allocating limited rights of imposing a 90

- day start

- up condition and our standard

90

- day dormancy condition

. 2 See Notice Regarding Russia Overflight Opportunities and Inviting Applications served February 22, 2013.

3 Polar requested leave to file an unauthorized reply to Southern’s answer. We will grant that request.

4 FedEx Express accompanied its reply with a motion for leave to file an unauthori zed document . We will grant that motion

. 5 Southern accompanied its response with a motion for leave to file an unauthorized docum ent. We will grant that motion

. 6 We need not reach FedEx Express’s blanket waiver request in resolving Polar’s applicat ion, and in the circumstances presented we have decided to dismiss that request as outside the scope of our present action.XX Granted , waiver of start

- up / dormancy condition s for 11 of Polar’s 12 Russian overflight frequencies

.

The above action was effective wh en taken: June 6

, 2013 through October 26, 2013.

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, and (2) the authority granted is consistent with the public interest. To the extent not granted or dismissed , 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 regulati ons, 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