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Evergreen International Airlines, Inc.

http://www.evergreenaviation.com/

OST-03-15484 - US-Iraq All-Cargo Service

June 23, 2003

Application for an Exemption

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department's Rules of Practice, Evergreen International Airlines, Inc. respectfully requests an exemption from 49 U.S.C. § 41101 to the extent necessary to permit it to engage in scheduled foreign air transportation of property and mail between any point or points in the United States, via intermediate points, and any point or points in Iraq and beyond. Evergreen also seeks to integrate the proposed authority with its existing certificate and exemption authority, consistent with applicable aviation agreements, so it will have maximum flexibility to serve Iraq in the most efficient and economical fashion. Evergreen requests that the authority be granted for a period of two years.

Counsel: Piper Rudnick, William Evans, 202-371-6030, bill.evans@piperrudnick.com

OST-03-15484 - US-Iraq All-Cargo Service

June 24, 2003

Correspondence of Evergreen

On June 23, 2003, Evergreen International Airlines, Inc., filed an application in the above-referenced docket for US -Iraq exemption authority. Through an oversight, I neglected to serve Northwest Airlines, Inc. This is to advise you that a copy of the application has now been served on Northwest.

Counsel: Piper Rudnick, William Evans, 202-371-6030, bill.evans@piperrudnick.com

OST-03-15564 - US-Brazil All-Cargo

July 2, 2003

Application for an Exemption

Respectfully requests an exemption from the provisions of 49 U.S.C. § 41101 to the extent necessary to permit it to engage in scheduled foreign air transportation of property and mail from a point or points in the United States, via intermediate points, to Brasilia, Rio de Janeiro, Recife, Porto Alegre, Belem, Belo Horizonte and Salvador de Bahia, and beyond Brazil to Argentina, Uruguay, Paraguay and Chile. Evergreen also seeks to inteerate the proposed authority with its existing certificate and exemption authority. consistent with applicable aviation agreements.

To ensure that Evergreen can utilize fully the frequencies on an economic basis and respond to the public demand for service, Evergreen is seeking the same relief afforded to Atlas and Polar, to Federal Express Corporation, which also holds broad U.S.-Brazil authority in Docket OST-96-1196, and to United Parcel Service, which holds authority to serve all Brazil points authorized in the bilateral agreement in Docket OST-99-6345. It is common knowledge that the U.S-Brazil market has not fully recovered, as evidenced by the fact that Atlas recently was compelled to seek a dormancy waiver for five of its ten U.S-Brazil frequencies due in part to the adverse economic conditions in Brazil as well as the world in general. Docket OST-2002-11985.

Counsel: Piper Rudnick, William Evans, 202-371-6030, bill.evans@piperrudnick.com

OST-03-15564 - US-Brazil All-Cargo

Filed July 2, 2003 | Issued July 18, 2003

Notice of Action Taken | Word

Scheduled foreign air transportation of property and mail between a point or points in the United States, via intermediate points, and Brasilia; Rio de Janeiro; Recife; Porto Alegre; Belem; Belo Horizonte; and Salvador de Bahia; Brazil, and beyond Brazil to Argentina, Uruguay, Paraguay, and Chile, and to integrate this authority with its existing exemption and certificate authority.

By: Paul Gretch

OST-96-2025 - US-Russia All-Cargo Frequency Allocation

September 8, 2003

Application for Waiver of Dormancy Condition

At the time of its previous request for an extension of the dormancy waiver, Evergreen anticipated that economic conditions would improve and that it could resume service in the U.S.-Russia market prior to the expiration of the dormancy waiver. However, conditions clearly have not improved and Evergreen simply is not in a position to resume service on an economic basis in the near future. In addition, the situation has been exacerbated by the Iraq war and the attendant demands placed on all-cargo airlines for transportation in support of the war and the construction effort. Nevertheless, Evergreen remains committed to resuming service when warranted by traffic demands, and extension of the present waiver will enable Evergreen to accomplish that goal in an orderly and efficient manner.

Counsel: Piper Rudnick, William Evans, 202-861-6459, bill.evans@piperrudnick.com

OST-96-2025 - US-Russia All-Cargo

Filed September 8, 2003 | Issued September 23, 2003

Notice of Action Taken | Word

Evergreen seeks to renew through March 31, 2004, its waiver of the 90-day dormancy condition applicable to its allocation of three weekly all-cargo frequencies for services between Anchorage, on the one hand, and Khabarovsk, Petropavlovsk, Vladivostok and Yuzhno-Sakhalinsk, Russia, on the other.

In support of its application, Evergreen notes that it began serving the U.S.-Russia market in 1995 and expended significant resources in an effort to develop the market. Although it is continuing those efforts, Evergreen states that the company was dealt a serious setback by the events of September 11, 2001 and the subsequent downturn in the world economy, necessitating its previous waivers for the dormancy condition. Evergreen maintains that conditions have not improved and have been exacerbated by the Iraq war and the attendant demands placed on all-cargo airlines for transportation in support of the war and the construction effort and that it is not in a position to resume service on an economic basis in the near future. Evergreen states that it remains committed, however, to resuming service when warranted by traffic demands and seeks a waiver through March 31, 2004, and that the extension waiver request will enable Evergreen to accomplish that goal in an orderly and efficient manner. Evergreen states that nearly half of the available all-cargo frequencies are available for allocation so grant of this waiver will not deter the Department from allocating frequencies to other interested cargo airlines.

By: Paul Gretch

OST-00-7294 - Exemption - US-Argentina All-Cargo

January 13, 2004

Application for Renewal of Exemption Authority

Counsel: Evergreen and Piper Rudnick, William Evans, 202-861-6459, bill.evans@piperrudnick.com

OST-96-2025 - Waiver of Dormancy Condition (US-Russia All-Cargo Frequency Allocation)

January 27, 2004

Application for Waiver of Dormancy Condition

Applies for renewal through March 31, 2005, of its waiver of the 90-day dormancy condition applicable to its allocation of three weekly all-cargo frequencies between Anchorage, Alaska, on the one hand, and Khabarovsk, Petropavlovsk, Vladivostok, and Yuzhno-Sakhalinsk, Russia, on the other.

Evergreen began serving the U.S.-Russia market in 1995 and it expended significant resources in an effort to develop the market. Although Evergreen is continuing those efforts, the company's goals were dealt a serious setback with the events of September 11, 2002, and the subsequent worldwide economic downturn, and as noted, it sought and received waivers of the dormancy condition. At the time of its previous request for an extension of the dormancy waiver, Evergreen anticipated that economic conditions would improve and that it could resume service in the U.S.-Russia market prior to the expiration of the dormancy waiver. However, conditions have not improved significantly and Evergreen simply is not in a position to resume service on a reasonably economic basis in the near future. Nevertheless, Evergreen remains committed to resuming service when warranted by traffic demands, and extension of the present waiver will enable Evergreen to accomplish that goal in an orderly and efficient manner.

Evergreen understands that more than half of the 23 all-cargo frequencies are available for allocation so grant of the waiver will not deter the Department from allocating frequencies to other interested cargo airlines.

Counsel: Evergreen and Piper Rudnick, William Evans, 202-861-6459

OST-00-7294 - US-Argentina All Cargo

Filed January 13, 2004 | Issued February 3, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of property and mail from points behind the United States, via the United States and intermediate points, to a point or points in Argentina and beyond; and between Argentina and any point or points. Evergreen also requests approval to integrate this authority with Evergreen’s other certificate and exemption authority and to commingle traffic on services conducted pursuant to such authority.

By: Paul Gretch

OST-02-12131 - U.S.- Colombia Scheduled All-Cargo Services

March 4, 2004

Application for Renewal of Exemption Authority

By Notice of Action Taken, dated May 13, 2002, the Department granted Evergreen exemption authority to engage in scheduled foreign air transportation of property and mail from points in the United States, via intermediate points, to points in Colombia and beyond to points in the Western Hemisphere. The Notice also authorized Evergreen to integrate this authority with its other exemption and certificate authorities. The exemption and integration authorities are scheduled to expire on May 13, 2004.

Although Evergreen currently is not utilizing its U.S.‑Colombia authority, it continues to have a strong interest in serving the market, and believes that, when economic conditions warrant, it will be able to offer a pattern of service in combination with services offered to other South American countries. Thus, the company wishes to retain its exemption and integration authority so that it has the ability to serve the market at the appropriate time. Provision of such service clearly will benefit shippers and receivers and is in the public interest. In addition, given the open nature of the cargo annex to the U.S.‑Colombia air transport agreement, renewal of the exemption will not deprive any other U.S. carrier of the opportunity to serve the market.

Counsel: Piper Rudnick, William Evans, 202-861-6459, bill.evans@piperrudnick.com

OST-96-2025 - Anchorage-Khabarovsk, Petropavlovsk, Vladivostok and Yuzhno-Sakhalinsk, Russia

Filed January 27, 2004 | Issued March 24, 2004

Notice of Action Taken | Word

Evergreen seeks to renew through March 31, 2005, its waiver of the 90-day dormancy condition applicable to its allocation of three weekly all-cargo frequencies for services between Anchorage, on the one hand, and Khabarovsk, Petropavlovsk, Vladivostok and Yuzhno-Sakhalinsk, Russia, on the other.

Evergreen notes that it began serving the U.S.-Russia market in 1995 and expended significant resources in an effort to develop the market. Although it is continuing those efforts, Evergreen states that the company was dealt a serious setback by the events of September 11, 2001, and the subsequent downturn in the world economy, necessitating its previous waivers of the dormancy condition. Evergreen maintains that at the time of its previous request for an extension of the dormancy waiver it anticipated that economic conditions would improve and that it could resume service in the U.S.-Russia market prior to the expiration of the dormancy waiver. Under the terms of the latest waiver Evergreen’s frequency allocation would automatically expire if Evergreen does not resume service by March 31, 2004. Evergreen states that it remains committed to resuming service when warranted by traffic demands and seeks a waiver through March 31, 2005. Evergreen states that more than half of the available all-cargo frequencies are available for allocation so grant of this waiver will not deter the Department from allocating frequencies to other interested cargo airlines.

OST-96-1960 - Family Assistance Plans

March 10, 2004

Re: Amended Family Assistance Plan

By: Evergreen International

OST-96-2025 - US-Russia All-Cargo

August 10, 2004

Application for Renewal of Exemption

By Notice of Action Taken, dated October 25, 2002, the Department renewed Evergreen's authority to (a) engage in scheduled foreign air transportation of property and mail between Anchorage, Alaska, on the one hand, and Khabarovsk, Petropavlovsk, Vladivostok, and Yuzhno-Sakhalinsk, Russia, on the other, and beyond to Hong Kong, without local traffic rights between Russia and Hong Kong, and (b) integrate the Russian exemption authority with Evergreen's other exemption and certificate authority consistent with international agreements. The authorities are scheduled to expire on October 25, 2004. The Department also previously allocated to Evergreen three weekly all-cargo frequencies, which currently are the subject of a waiver of the 90-day dormancy condition.

Evergreen instituted service from the U.S. to Khabarovsk in March 1995, and utilized its frequencies in connection with its U.S.-Hong Kong B-747 operations. These services provided significant benefits to U.S. and Russian shippers and receivers. Due to the impact of the events of September 11, 2001 on air transportation, and the continuing economic uncertainties in Russia, which have depressed the wide-bodied air freight market between Russia and the United States, Evergreen currently is not offering service in the market. However, Evergreen continues to have an interest in serving the U.S.-Russia cargo market; thus, it wishes to renew its exemption and integration authority so that service may be resumed when economic conditions warrant.

Counsel: Piper Rudnick, William Evans, 202-6459

OST-04-19666- Exemption - US-Japan All-Cargo Service

November 12, 2004

Application of Evergreen International

Hereby applies for an exemption authorizing it to provide scheduled all-cargo service between a point or points in the United States, as permitted by the MOU and Nagoya, Japan, and beyond to Seoul, South Korea. Evergreen currently anticipates that it would provide this service on the following routing: Columbus, OH-Anchorage, AK*-Nagoya, Japan-Seoul, South Korea, and return. Evergreen would provide this service without local traffic rights between Japan and Seoul; would inaugurate the service on or about June 1, 2005, assuming the prompt grant of this exemption request; and would provide the maximum permissible five flights per week on the routing based on the allocation of five weekly frequencies for this purpose. Evergreen would use B-747 freighter aircraft currently in its fleet to provide the service.

Although Evergreen is experienced in providing service to numerous points in Asia, and is working to expand its Asia services, the lack of Evergreen rights to serve the large U.S.-Japan market has hindered the airline's ability to expand its U.S.-Asia service and to become a larger competitive player. While the rights Evergreen seeks here are restricted by the MOU, Evergreen nonetheless believes that it can provide profitable and efficient service that will meet a public demand for service. Grant of the application also will provide new service options for shippers and will enable Evergreen to provide more efficient and complete air cargo services to the shipping public. In that regard, Evergreen notes that Nagoya is currently an underserved air cargo market in terms of flights to/from the United States. The route and frequencies for which exemption authority is being requested have been available for 2002 and, to date, no carrier has sought to exercise the rights accorded by the MOU.

By: Evergreen, Thomas Lydon

OST-04-19666 - Exemption - US-Japan All-Cargo Service

November 24, 2004

Re: Polling Letter

On November 12, 2004, Evergreen International Airlines, Inc. filed an application in Docket OST-04-19666 for an exemption to provide scheduled all-cargo service between a point or points in the United States and Nagoya, Japan, and beyond to Seoul, South Korea. We have polled all of the persons sewed with the application (see attached service list), and all but one entity have authorized Evergreen to state that they have no objection to the application. Only Polar Air Cargo, a carrier already providing scheduled all-cargo service to Japan, and therefore ineligible to obtain the authority for which Evergreen has applied, has declined to take a position on Evergreen's application.

Taking into consideration that no eligible carrier for the available all-cargo designation to Japan has stated that it intends to file an objection to the Evergreen exemption application, Evergreen hereby requests that the Department process this application on an expedited basis.

By: Thomas Lydon

OST-04-19666 - Exemption - US-Japan All-Cargo Service

Filed November 12, 2004 | Issued December 2, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of property and mail between a point or points in the United States and Nagoya, Japan, and beyond to Seoul, South Korea. Evergreen also requests authority to integrate this authority with Evergreen’s existing exemption and certificate authority, and to commingle traffic on the authorized services.

By: Paul Gretch

OST-96-2025 - US-Russia All-Cargo

December 29, 2004

Application for Waiver of Dormancy Condition

In making this renewal request, Evergreen recognizes and has taken into account the Department's admonition that renewal of this waiver authority should be not taken for granted. Evergreen understands that the dormancy policy, to be meaningful, must be fairly and reasonably enforced. However, as the Department fully recognized in the prior Notice of Action Taken in this Docket issued March 24, 2004 extending the Evergreen waiver, there may be circumstances that could justify the grant of continuing relief from the dormancy requirement. NOAT, page 2. Evergreen submits that market conditions and circumstances continue to support the grant of relief requested herein, particularly since only approximately one-third of the available all-cargo frequencies are currently allocated.

Counsel: Silverberg Goldman, Robert Silverberg

OST-96-2025 - US-Russia All-Cargo

Filed December 29, 2004 | Issued February 24, 2005

Notice of Action Taken | Word

Evergreen seeks to renew through March 31, 2006, its waiver of the 90-day dormancy condition applicable to its allocation of three weekly all-cargo frequencies for services between Anchorage, Alaska, on the one hand, and Khabarovsk, Petropavlovsk, Vladivostok, and Yuzhno-Sakhalinsk, Russia, on the other.

Evergreen notes that it began serving the U.S.-Russia market in 1995, but that the ability of the carrier to continue those operations was made extraordinarily difficult as a result of the events of September 11, 2001, and the subsequent downturn in economic activity that was experienced in the air cargo market.  Evergreen states that it intends to resume direct service to Russia once economic conditions prevail that have the potential to sustain profitable levels of service, but that those conditions have not yet been reached in the U.S.-Russia market. Evergreen further states that only 8 of the available 23 all-cargo frequencies have been allocated by the Department for U.S.-Russia all-cargo services and, thus, grant of the relief requested herein would not preclude another U.S. carrier from commencing new all-cargo services to Russia.

We find that grant of Evergreen’s request, in the particular circumstances presented, is in the public interest. However, we are putting Evergreen on notice that, should other U.S. carriers file applications to use the frequencies at issue here, we have the right to reconsider our decision here to determine whether or not that decision continues to be in the public interest. In addition, there should be no expectation that an additional waiver request will necessarily be granted. Any future request to extend the dormancy waiver for the frequencies at issue here will have to be considered in light of any specific arguments offered and responses thereto, and in the context of the circumstances present at that time, including whether another carrier seeks to use the frequencies at issue.

By: Paul Gretch

OST-2004-19666 - US-Japan Authority

March 29, 2005

Application for an Amendment of US-Japan Authority

Evergreen has determined that it will have access to superior traffic volumes if it serves Hong Kong, instead of Seoul, and by this application hereby requests an amendment of the NOAT in this Docket OST‑2004‑19666 to so revise the description of the authorized routing . As before, the Nagoya‑Hong Kong portion of the route will not be open to local traffic consistent with the terms of the April 20, 1998 Memorandum of Understanding between the United States and Japan.

Counsel: Evergreen and Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

OST-04-19666 - Exemption - US-Japan All-Cargo Service

March 30, 2005

Re: Polling Letter

Counsel for Evergreen International Airlines, Inchas polled each of the carriers served with the Application of Evergreen International Airlines, Inc. for an Amendment of U.S.‑Japan Authority filed in the above‑referenced Docket on March 29, 2005 and hereby reports that the Application is unopposed. Accordingly, Evergreen requests expedited consideration so that the U.S. Government can notify the Government of Japan of the new routing sought in the Application by April 1, 2005 ‑‑ 60 days before Evergreen's planned June 1, 2005 initiation of service as required under the April 20, 1998 Memorandum of Understanding Between the United States and Japan.

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

OST-2004-19666 - Exemption - US-Japan-Hong Kong

Filed March 29, 2005 | Issued March 31, 2005

Notice of Action Taken

Scheduled foreign air transportation of property and mail between a point or points in the United States and Nagoya, Japan, and beyond to Hong Kong.

We previously granted Evergreen exemption authority to operate beyond Nagoya to Seoul, on a blind sector basis.  The carrier now wants to operate beyond Nagoya to Hong Kong, on a blind sector basis.  Evergreen proposes initial service between Columbus, Ohio, and Nagoya and beyond to Hong Kong on a blind sector basis, beginning June 1, 2005.  We also previously granted Evergreen five-weekly U.S.-Japan all-cargo frequencies and integration and commingling authority.  See Notice of Action Taken dated December 2, 2004, Docket OST-2004-19666.

By: Paul Gretch

OST-2005-20909 - Exemption - US-China Zone 3 All-Cargo

April 4, 2005

Application for an Exemption

Hereby applies for an exemption for a minimum of five years authorizing it to provide scheduled all-cargo service between a point or points in the United States and any international airport in the Liaoning area situated in China Zone 3 as defined in paragraph (6) of Annex V of the Agreement. Evergreen seeks to integrate this authority with its existing exemption and certificate authority and to commingle traffic on all such authorized services as may be permitted and consistent with applicable air transport agreements.

China Zone 3 consists of the points in the following areas: Chongqing, Gansu, Guangxi, Guizhou, Hainan Island, Heilongjiang, Inner Mongolia, Jilin, Liaoning, Ningxia, Qinghai, Shaanxi, Sichuan, Tibet, Xinjiang, and Yunnan.

Counsel: Evergreen and Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

OST-2003-15484 - Exemption - US-Iraq All-Cargo

May 3, 2005

Application for Renewal of Exemption Authority to Serve Iraq

Hereby applies for a minimum two-year renewal of its exemption authority permitting it to provide scheduled all-cargo service between a point or points in the United States via intermediate points, and any point or points in Iraq and to integrate this exemption authority with all of Evergreen's existing and future certificate and exemption authority, consistent with applicable air transport agreements.

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

OST-2005-20909 - Exemption - US-China Zone 3 All-Cargo

June 2, 2005

Supplement to Application

On April 4, 2005 Evergreen International Airlines, Inc. filed an application for an exemption for a minimum of five years authorizing it to provide scheduled all‑cargo service between a point or points in the United States and any international airport in the Liaoning area situated in China Zone 3 as defined in Article 3 (Special Aviation Area) of the Protocol to the Agreement between the Government of the United States of America and the Government of the People's Republic of China Relating to Civil Air Transport  In its application Evergreen noted that there are no bilateral constraints in connection with DOT favorable consideration of the Evergreen request for authority to operative over this developmental route.

The Evergreen application was unopposed by any party. In connection with the Department's review of the Evergreen application, DOT staff inquired whether Evergreen was seeking any rights under Article 3 of the Protocol that relate to the provision by Evergreen of fifth-freedom services or services in China Zone 3 via a point or points in China Zone I or Zone 2. Evergreen hereby confirms that it is neither seeking any fifth freedom traffic rights as referred to in Article 3, nor is it seeking to serve China Zone 3 via a point or points in China Zones 1 or 2.

Finally, in order to expedite the DOT's consideration of its application, Evergreen hereby amends its original request for exemption authority for a duration of five years (to take into account the developmental nature of the market) and instead seeks only a two year exemption term thereby bringing the Evergreen application squarely within the DOT's policy to limit the duration of exemption authority

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

OST-2005-20909 - Exemption - China Zone 3 All-Cargo

Filed April 4, 2005 | Supplemented June 2, 2005 | Issued June 16, 2005

Notice of Action Taken

Scheduled foreign air transportation of property and mail between a point or points in the United States and any international airport in the Liaoning area situated in China Zone 3, and to integrate this authority with its existing certificate and exemption authority and to commingle traffic on all such authorized services as may be permitted and consistent with applicable air transport agreements

By: Paul Gretch

OST-2000-7294 - US-Argentina All Cargo

November 4, 2005

Application for Renewal of Exemption Authority

Evergreen International Airlines, Inc. hereby applies for a minimum two-year renewal of its exemption authority permitting it to provide scheduled all-cargo service between a point or points in the United States, via intermediate points, and any point or points in Argentina and beyond, and to integrate this exemption authority with Evergreen's other certificate and exemption authority and to commingle traffic on services conducted pursuant to such authority, consistent with applicable air transport agreements. This authority was last renewed for a two-year period by Notice of Action Taken, issued February 3, 2004, and is set to expire on February 3, 2006.

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

OST-2000-7294 - US-Argentina All Cargo

Filed November 4, 2005 | Issued November 30, 2005

Notice of Action Taken

Scheduled foreign air transportation of property and mail between a point or points in the United States, via intermediate points, and any point or points in Argentina and beyond. Evergreen also requests approval to integrate this authority with Evergreen’s other certificate and exemption authority and to commingle traffic on services conducted pursuant to such authority, consistent with applicable air transport agreements.

By: Paul Gretch

Order 2005-12-5
OST-2005-22228

Issued and Served December 9, 2005

Order to Show Cause - Bookmarked

By this order we tentatively find that it is in the public interest to grant to each air carrier in the above-captioned proceeding the blanket route integration certificate attached as Appendix A to this order.

In response to the Notice, we received more than 20 submissions to the Docket from U.S. carriers seeking blanket route integration authority. The applicants of record are listed above, in the caption for this proceeding. For the most part, the carriers requesting such authority urged us to grant it in the broadest possible terms so that it would encompass prospective or future awards of authorities, as well as all currently held authority, and would be valid for an indefinite period or, alternatively, the longest possible duration, as opposed to the five-year term described in the Notice.

Decision:

We have tentatively decided to grant to each applicant of record a blanket route integration certificate covering all of its current and prospective international route authorities. We tentatively find that the award of such authority, with the enhanced operational flexibility and administrative convenience it would accord to the holder, is consistent with the public convenience and necessity. The authority would be subject to standard route integration and certificate conditions, and such other conditions as the Department may establish. The certificate would be awarded for a five-year duration and open to renewal. Consistent with the Notice, we will use a self-executing final order (Appendix B) to issue to each applicant of record an initial five-year blanket route integration certificate of public convenience and necessity in the form attached as Appendix A, assuming no objections and upon completion of the 49 U.S.C. § 41307 Presidential review.

We have considered requests that we issue longer term or even indefinite route integration authority. However, we tentatively find that it would be more reasonable in the circumstances presented to award the authority for an appropriate and suitably limited length of time to give us the opportunity to review our streamlining approach to blanket route integration authority before renewing it. We tentatively regard five years as the appropriate length of time for this purpose.

We note that some applicants of record may have previously submitted applications requesting route integration authority, among other things. To the extent superseded by the action taken here, we will deem those portions of pending applications as moot, as Department action on them would be duplicative and narrower in scope than the blanket route integration authority we intend to issue, and we will deem all such requests to have been dismissed without prejudice.

By: Paul Gretch

OST-1996-2025 - US-Russia All-Cargo

February 14, 2006

Application for Waiver of Dormancy Condition

Evergreen first commenced operations to Russia in 1995. However, as Evergreen has explained in its previous applications for waiver of the dormancy condition, the capacity of the carrier to continue such operations was made extraordinarily difficult as a result of the events of September 11, 2001, and the immediate resulting downturn in economic activity that was experienced in the air cargo market.

Despite recent steady growth in U.S. carriers' international freight traffic, the demand for all-cargo air transportation services in the U. S.-Russia market has still not improved to the point that Evergreen believes it is economically feasible to reintroduce its services. While the market for U.S. imports from Russia has improved, exports from the U.S. to Russia still remain lower in 2004 (the last year for which data is available) than in 1997 when Evergreen was providing direct air cargo service, leaving uncertain the prospects for an improvement in economic conditions sufficient to support a resumption of service by Evergreen in the short term Nonetheless, Evergreen remains committed to reinstituting its U.S.-Russia operations once economic conditions prevail that have the potential to sustain profitable levels of service. Grant of this waiver request will facilitate the ability of Evergreen to quickly reinstitute service in the U. S.-Russia market when economic conditions warrant. Grant of this request is also in the public interest in that it is consistent with the Department's history in other cases of being flexible in its application of the dormancy condition in the face of negative economic circumstances. Evergreen also understands that the Department has allocated only 8 of the 23 available all-cargo frequencies between the U.S. and Russia.

Counsel: Silverberg Goldman, Robert Silverberg

OST-1996-2018 - FedEx - Russia All-Cargo Frequency Dormancy Condition
OST-1996-2025 - Evergreen - US-Russia All-Cargo

Filed February 9 and 14, 2006 | Issued March 29, 2006

Notice of Action Taken | Word

We grant in part the applications filed by FedEx Express and Evergreen for waivers of the dormancy condition for their U.S.-Russia all-cargo frequencies.  We have decided to grant the waivers through March 25, 2007, the expiration date of the Annexes to the October 5, 2005 Protocol Between the Government of the United States of America and the Government of the Russian Federation to Amend the January 14, 1994 Air Transport Agreement Between the Government of the United States of American and the Government of the Russian Federation.

With respect to the request for an indefinite waiver, FedEx Express and Evergreen both cite other waiver cases involving Russia. (See Notice of Action Taken, dated February 8, 2005, in Docket OST-2005-20116 and Notices of Action Taken, dated December 3, 2004 and January 3, 2005, in Docket OST-2004-19375). However, we view those cases as inapposite.  First, the requests for waiver in those cases were not based on any temporary suspension of rights scheduled to end on an established date.  Also, those other requests involved cases of partial rather than complete suspension of use of certain frequencies

By: Paul Gretch

OST-2002-12131 - Exemption - US-Colombia All-Cargo

Filed March 4, 2004 | Approved April 21, 2006

Notice of Action Taken | Word

Scheduled foreign air transportation of property and mail from points in the United States via intermediate points to points in Colombia, and beyond to points in the Western Hemisphere. Evergreen also seeks to integrate this authority with its existing certificate and exemption authority.

By: Paul Gretch

OST-2004-19666 - Exemption - US-Japan All-Cargo Service

December 28, 2006

Application for Renewal of Exemption Authority

Hereby applies for a minimum two-year renewal of its exemption authority permitting it to provide scheduled foreign air transportation of property and mail between a point or points in the United States and Nagoya. Japan, and beyond to Hong Kong on a blind sector basis, and to integrate this exemption authority with Evergreen's other certificate and exemption authority and to commingle traffic on services conducted pursuant to such authority, consistent with applicable air transport agreements.

Evergreen currently operates five weekly all-cargo flights over the routing Columbus, Ohio-Nagoya-Hong Kong with B-747 freighter aircraft.

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300

OST-1996-2025 - US-Russia All-Cargo

February 22, 2007

Application for Waiver of Dormancy Condition

Evergreen International Airlines, Inc. respectfully requests a waiver of the 90-day dormancy condition with respect to the prior grant of authority to Evergreen to conduct three times weekly all-cargo air service to Russia. Evergreen respectfully requests that the Department renew the waiver of the 90-day dormancy condition applicable to its three weekly U.S,-Russia all-cargo frequencies, which is currently set to expire on March 25, 2007, for an additional two-year period, through March 25, 2009.

Evergreen understands that the Department has allocated only 8 of the 23 available all-cargo frequencies between the U.S. and Russia. Therefore, providing Evergreen relief from the dormancy condition will not preclude another U.S. air carrier from obtaining frequencies to commence all-cargo service to Russia should such a carrier be of the view that market conditions will support freighter operations.

In light of the continuing poor economic condition of the U.S.-Russia market with respect to goods that are normally transported by air and the fact that sufficient frequencies remain available for other carriers that may desire to initiate allcargo service to Russia, Evergreen is of the view that renewal of the waiver of the Department's dormancy condition for an additional two-year period is in the public interest.

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3304

OST-2005-20909 - Exemption - US-China Zone 3 All-Cargo

March 5, 2007

Application for Renewal of Exemption Authority

Evergreen hereby applies for a minimum two-year renewal of its exemption authority permitting it to provide scheduled foreign air transportation of property and mail between a point or points in the United States and any international airport in the Liaoning area situated in China Zone 3, as defined in paragraph (6) of Annex V of the 1980 U.S.-China Agreement Relating to Civil Air Transport, as amended by the Protocol to the Agreement, signed July 24, 2004. Evergreen also seeks renewal of its authority to integrate this exemption authority with Evergreen's other certificate and exemption authority and to commingle traffic on services conducted pursuant to such authority, consistent with applicable air transport agreements.

Counsel: Silverberg & goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

OST-1996-2018 - FedEx - Russia All-Cargo Frequency Dormancy Condition
OST-1996-2025 - Evergreen - US-Russia All-Cargo

Filed December 15, 2007 and February 22, 2007 | Issued March 19, 2007

Notice of Action Taken

We grant in part the applications filed by FedEx Express and Evergreen for waivers of the dormancy condition for their U.S.-Russia all-cargo frequencies. We have decided to grant the waivers for a one-year period. In taking this action, we find that grant of the requested waivers is in the public interest in the circumstances presented; namely, the suspension per the terms of the Annexes of the U.S. carrier fifth-freedom rights between points in Europe and points in the Russian Federation, negotiated in the revision of the Route Annex on October 2005. We have granted prior waivers for one-year periods, and in doing so here acknowledge the need to reassess these waivers within that time-frame. Moreover, no party has opposed the respective waiver requests here.

On October 5, 2005, the United States and Russia expressed their intent to implement the provisions of the Annexes on the basis of comity and reciprocity until both governments take the actions to bring the Annexes into force.

By: Paul Gretch

OST-2005-20909 - Exemption - US-China Zone 3 All-Cargo

Filed March 15, 2007 | Issued April 9, 2007

Notice of Action Taken | Word

Renewal of scheduled foreign air transportation of property and mail between a point or points in the United States and any international airport in the Liaoning area situated in China Zone 3 , and to integrate this authority with its existing certificate and exemption authority and to commingle traffic on all such authorized services as may be permitted and consistent with applicable air transport agreements.

By Order 2006-1-1, the Department awarded the carrier a blanket route integration certificate.

By: Paul Gretch

OST-2007-27790 - Blanket Open-Skies Certificate Authority

April 13, 2007

Application of Evergreen for a Certificate of Public Convenience and Necessity

Evergreen hereby applies pursuant to 49 U.S.C. § 41102 and Subpart B of the Department's Rules of Practice for an indefinite blanket open-skies certificate of public convenience and necessity authorizing it to provide scheduled foreign air transportation of property and mail between points in the U.S. and a point or points in all countries with which the U.S. has an open-skies aviation agreement or may, in the future, enter into an open-skies aviation agreement. Evergreen further requests that this application be processed using the expedited non-hearing procedures established in Subpart B of the Department's Rules of Practice.

Evergreen currently provides scheduled and charter air transportation and foreign air transportation of property and mail pursuant to certificate and exemption authority issued by the Department, including certificates for Routes 190, 190F and 554.

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

OST-2002-12131 - Exemption - US-Colombia All-Cargo

January 18, 2008

Application for Renewal of Exemption Authority

Evergreen International Airlines, Inc. respectfully requests renewal of its exemption authority granted by Notice of Action Taken, dated April 21, 2006, which permits it to engage in scheduled foreign air transportation of property and mail from points in the United States, via intermediate points, to points in
Colombia, and beyond to points in the Western Hemisphere. This exemption authority currently is set to expire on April 21, 2008. Evergreen requests that this exemption authority be renewed for an additional period of two years.

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

OST-1996-2025 - Exemption - US-Russia All-Cargo

March 3, 2008

Application for Waiver of Dormancy Condition

Evergreen International Airlines, Inc. respectfully requests a waiver of the 90-day donnancy condition with respect to the prior grant of authority to Evergreen to conduct three times weekly all-cargo air service to Russia. Evergreen respectfully requests that the Department renew the waiver of the 90-day donnancy condition applicable to its three weekly U.S.-Russia all-cargo frequencies, which is currently set to expire on March 19, 2008, for an additional one-year period, through March 19, 2009.

In connection with the issuance of this exemption authority, as it has been expanded and renewed, the Department awarded Evergreen three of the total 23 frequencies authorized under the U.S.-Russia Air Transport Agreement for all-cargo air transportation. Due to circumstances the Department has· recognized over the years were beyond the control of Evergreen, the Department has granted the carrier relief from the requirement to use these three frequencies or subject them to withdrawal for nonuse after 90 days of dormancy. Most recently, the Department waived application of the 90-day dormancy requirement until March 19, 2008 by Notice of Action Taken, dated March 19, 2007. Evergreen hereby requests that the Department renew its dormancy waiver for an additional one-year period, through March 19, 2009.

Evergreen remains committed to reinstituting its U.S.-Russia operations once economic conditions prevail that have the potential to sustain profitable levels of service. Grant of this waiver request will facilitate the ability of Evergreen to quickly reinstitute service in the U.S.-Russia market when economic conditions warrant.

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3304

OST-1996-2025 - US-Russia All-Cargo Frequency Allocation

Filed March 3, 2008 | Approved March 18, 2008

Department Action on Waiver of Dormancy Condition

We will require that the carrier institute service no later than March 20, 2009.

By: Robert Finamore