**BEFORE THE DEPARTMENT OF TRANSPORTATION** 

**WASHINGTON, D.C.**

**_________________________________________ )**  **In the Matter of )**  **) Docket DOT**  **- OST**  **- 2009**  **- 0090**  **The Application of Evergreen )**  **International Airlines, Inc. )**  **For an Exemption Aut horizing**  **) Scheduled All**  **- Cargo Service**  **) Between the United States and**  **) Afghanistan**  **)**

**__________________________________________ APPLICATION OF EVERGREEN INTERNATIONAL AIRLINES, INC.** 

**FOR RENEWAL OF AN EXEMPTION** Communications with respect to this document should be addressed to: Edward W. Sauer Squire, Sanders (US) LLP 1200 19 th Street, NW Suite 300 Washington, D.C. 20036 202.626.6641 edward.sau er@squiresanders.com Dated: February

25, 2013 NOTICE: Interested parties may answer in support of or in opposition of this Application by filing their Answer with the Department and serving it on the persons served with this Application no later than March 12, 2013.**BEFORE THE DEPARTMENT OF TRANSPORTATION** 

**WASHINGTON, D.C.**

**_________________________________________ )**  **In the Matter of )**  **) Docket DOT**  **- OST**  **- 2009**  **- 0090**  **The Application of Evergreen )**  **International Airlines, Inc. )**  **For an Exemption Authorizing**  **) Scheduled All**  **- Cargo Service**  **) Between the United States and**  **) Afghanistan**  **)**

**__________________________________________ APPLICATION OF EVERGREEN INTERNATIONAL AIRLINES, INC.** 

**FOR RENEWAL OF AN EXEMPTION**
Evergreen International Airlines, Inc. (“Evergreen”) hereb y applies for renewal for the exemption previously

granted to it by

the Department authorizing Evergreen to provide scheduled transportation of propert y and mail between a point or points in the United States and a point or points in Afghanistan, via intermediate points, and beyond Afghanistan to points in third countries and allowing integration with Evergreen’s other route authorities, all to the extent consistent with the bilateral agreements and aviation relationships between the United States and the countries involved. 1 In support of its application, Evergreen states as follows: By Notice of Action Taken dated May 21, 2009, the Department authorized Evergreen to provide cargo and mail service to Afghani stan as described above for a period of two y ears. On

1 Evergreen hereby invokes the automatic extension provisions of Section 558(c) of the Administrative Proce dure Act and Part 377 of the Department’s Procedural Regulations to maintain its authority in effect until action by the Department on this application.May

4, 2011 the Department renewed that authority for an additional two y ears. Evergreen hereb y requests further renewal of that authorit y. All of the factors that led the Department to approve Evergreen’s initial application remain in effect. Specificall y, Evergreen remains a citizen of the United States within the meaning of 49 U.S.C. § 40102(a)(15). As the Department has previousl y recognized, Evergreen is also fit, willing and able to provide se rvice in the United States
- Afghanistan market. Comity and reciprocity

between the United States and Afghanistan fully support this request for a renewed exemption. The public interest in continued air service between the United States and Afghanistan is a lso clear. For the foregoing reasons, Evergreen International Airlines, Inc. respectfully requests that the Department grant it a renewed exemption authorizing scheduled air transportation with respect to propert y and mail between the United States and Afghanistan as described in this Application for a further two
- ye ar period. Evergreen also requests that the Department grant it such other and further relief that it may deem appropriate.

Respectfully

submitted,

______________________ Edward W. Sauer Squire, Sanders (US) LLP Counsel to Evergreen International Airlines**CERTIFICATE OF SERVICE**

I hereb y certify

that the Application for Renewal of an Exemption of Evergreen International Airlines, Inc. has this day been s erviced on each of the following individuals via e
mail, or first class mail, postage prepaid.

________________________________ Edward W. Sauer DATED: February

25, 2013 dfisher@kelleydry e.com rpommer@atlasair.com nssparks@fedex.com kevin.montgomery @polaraircargo.com francis.neil@aa.com sascha.vanderbellen@delry .com mcmillin@woa.com jim.ballough@faa.gov urskr@state.gov paul.gretch@dot.gov howard.kass@usairway s.com hkamen@coair.com jonathan.linde@united.com steve.morrissey @united.com dan.weiss@united.com matwood@cozen.com agoerlich@ggh
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