OST-1996-1074
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OST-1996-1074
U.S.-Philippines All-Cargo Service Proceeding / Polar Air Cargo, Inc. (Exemption, Extension of Start-Up Period)
OST-96-1074 | OST-97-2265 | July 18, 1997
Polar Air unfortunately finds it necessary, for reasons beyond its control, to request a further 30 day extension of the period in which it is required to commence scheduled all-cargo services at Manila. Polar Air's application for appropriate authorizations in the Philippines has been pending before the Philippine Civil Aeronautics Board for some time. It was finally to be voted on at yesterday's meeting of that body. Polar Air had received informal assurances from Philippines government officials that they considered the application to be complete and noncontroversial, and that Polar Air could anticipate routine approval." Polar Air's application was set as the 16th item on the agenda for the Board's meeting.
For reasons which are unclear, the Civil Aeronautics Board adjourned its meeting prior to reaching item 16, meaning action on Polar Air's application will be deferred until the next meeting, two weeks hence. Polar Air immediately requested assistance from the U.S. Embassy staff in Manila to see if consideration could be expedited, but as of yet, their efforts have not succeeded.
Answers are due by July 22, 1997 – Will Poll
Counsel: Ginsburg Feldman, Alfred Eichenlaub, 202-637-9034
U.S.-Philippines All-Cargo Service Proceeding / Polar Air Cargo, Inc. (Exemption, Extension of Start-Up)
OST-96-1074 | OST-97-2265 | August 15, 1997
Polar Air unfortunately finds it necessary, for reasons beyond its control, to request a further 30-day extension of the period in which it is required to commence scheduled all-cargo services at Manila. Polar Air's application for appropriate authorizations in the Philippines has been pending before the Philippine Civil Aeronautics Board for some time. Although Polar Air had received informal assurances from Philippines government officials that they considered the application to be complete, non-controversial, and that Polar Air could anticipate routine approval, Polar Air has yet to receive such approval.
According to reports in the Manila press,2 Philippine Airlines is objecting to Polar's entry into the Manila market allegedly in retaliation for the Federal Aviation Administration's designation of the Philippines as a Category 2 country. As the Department is aware, both DOT officials and officials from the Department of State are working through our Embassy in Manila to resolve this matter. Polar Air expects to receive the necessary Philippine authority shortly and anticipates commencing Manila service by September 22, 1997.
Answers are due by August 23, 1997 – Intends to Poll
Attachments A & B – PAL Blocks Entry of American Airline / PAL Asks Government to Block Entry of US Cargo Airline (Articles from Manila Press)
Counsel: Ginsburg Feldman, Alfred Eichenlaub, 202-637-9034
| OST-96-1074 | November 20, 1998 |  Application for Renewal of
Exemption |
US-Philippines All-Cargo |
| Service List |
UPS was granted an exemption to provide scheduled all-cargo service in the U.S.Philippines market by Order 97-1-17 (Docket OST 96-1074) on January 24, 1997. The authority was effective for two years and. thus. will expire on January 24, 1999. UPS commenced serving the Philippines on April 2, 1997, has served the Philippines continuously since then, and wishes to continue its service after January 24, 1999, and, accordingly, hereby requests that its exemption authorizing the service be renewed.
Counsel: UPS and Kelley Drye, David Vaughan, 202-955-9864
U.S.-Philippines All-Cargo Service Proceeding / Polar Air Cargo, Inc.
| OST-96-1074 | November 24, 1998 | Application of Polar
Air Cargo for Renewal and Amendment of an Exemption |
US-Philippines All-Cargo / Add Tokyo, Japan |
| Service List |
Scheduled foreign air transportation of property and mail between the coterminal points New York, Chicago, Anchorage, Los Angeles, Seattle, and Honolulu, on the one hand, and Manila, Philippines, on the other, via the intermediate points Khabarovsk, Russia, Auckland, New Zealand, Sydney/Melbourne, Australia, and Singapore, and beyond Manila to Taipei, Taiwan. Polar also seeks an amendment of its exemption authorizing Polar to serve Tokyo, Japan on this route, with local traffic rights between Manila and Tokyo.
Counsel: Polar and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com
| OST-96-1074 | Filed November 20, 1998 Granted December 10, 1998 |
Notice of Action Taken | Anchorage-Manila via Seoul and Taipei and Beyond Manila to Singapore and Kuala Lumpur |
Scheduled foreign air transportation of property and mail between Anchorage, Alaska, and Manila, Philippines, via Seoul, Korea and Taipei, Taiwan, and beyond Manila to Singapore and Kuala Lumpur, Malaysia.
By: Paul Gretch
| OST-96-1074 | Filed November 24, 1998 Issued February 22, 1999 |
Notice of Action Taken | US-Philippines All-Cargo |
By: Paul Gretch
U.S.-Philippines All-Cargo Service Proceeding
| OST-96-1074 | August 29, 2000 | Application of UPS for Renewal of Exemption | U.S.- Philippines All-Cargo |
| Service List |
Counsel: UPS and Kelley Drye, David Vaughan, 202-955-9864
| OST-96-1074 | Filed August 29, 2000 Served September 15, 2000 |
Notice of Action Taken | Anchorage- Manila via Seoul and Taipei and Beyond Manila to Singapore and Kuala Lumpur |
Scheduled foreign air transportation of property and mail between Anchorage, Alaska, and Manila, Philippines, via Seoul, Korea and Taipei, Taiwan, and beyond Manila to Singapore and Kuala Lumpur, Malaysia.
By: Paul Gretch
U.S.-Philippines All-Cargo Service Proceeding and Polar Air Cargo, Inc.
| OST-96-1074 | December 21, 2000 | Application of Polar Air Cargo for Renewal of an Exemption | U.S.- Philippines All-Cargo |
| Service List |
Hereby applies for renewal of its exemption from 49 U.S.C. § 41101 authorizing Polar to engage in scheduled foreign air transportation of property and mail (a) between the coterminal points New York, Chicago, Anchorage, Los Angeles, Seattle, and Honolulu, on the one hand, and Manila, Philippines, on the other, via the intermediate points Khabarovsk, Russia; Auckland, New Zealand; Sydney/Melbourne, Australia; and Singapore; (b) beyond Manila to Taipei, Taiwan; and (c) between Tokyo, Japan, on the one hand, and Manila, on the other hand, with local rights between Manila and Tokyo.
At the moment, Polar is using its authority under the U.S.-Japan Air Services Agreement to serve Taipei as the point beyond Tokyo. Polar exercised its option to change routes under the U.S.-Japan Agreement, but would like to preserve its options hereunder should circumstances also permit service between Tokyo and Manila.
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6000, jmanley@wilmer.com
U.S.-Philippines All-Cargo Service Proceeding and Polar Air Cargo, Inc.
| OST-96-1074 | Filed December 21, 2000 Issued February 1, 2001 |
Notice of Action Taken | U.S.- Philippines All-Cargo |
Scheduled foreign air transportation of property and mail (a) between the coterminal points New York, Chicago, Anchorage, Los Angeles, Seattle and Honolulu, on the one hand, and Manua, Philippines, on the other, via the intermediate points Khabarovsk, Russia; Auckland, New Zealand; Sydney and Melbourne, Australia; Singapore; and Tokyo, Japan; and (b) beyond Manila to Taipei, Taiwan.
By: Paul Gretch
| OST-96-1074 | May 30, 2002 | Application for Renewal of Exemption Authority | U.S.- Philippines |
| Service List |
Hereby applies for renewal of its exemption authority authorizing UPS to engage in the scheduled foreign air transportation of property and mail between Anchorage, Alaska, and Manila, Philippines (to be served through either the Nino Aquino Airport or Diosdado Marcapagal International Airport), via Seoul, Korea, and Taipei, Taiwan, and beyond Manila to Singapore and Kuala Lumpur, Malaysia. UPS further applies for the continued right to integrate such authority with its other certificate and exemption authority to provide foreign air transportation.
Counsel: Kelley Drye, David Vaughan, 202.955.9792, dvaughan@kelleydrye.com
| OST-96-1074 | Filed May 30, 2002 Issued June 20, 2002 |
Notice of Action Taken | U.S.- Philippines |
Renew for two years exemption under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of property and mail between Anchorage, Alaska, and Manila, the Philippines, via Seoul, Korea, and Taipei, Taiwan, and beyond Manila to Singapore and Kuala Lumpur, Malaysia.
Amend exemption to: Permit UPS to integrate this authority with its existing certificate and exemption authority.
By: Paul Gretch
| OST-96-1074 | November 26, 2002 | Application for Renewal of an Exemption | US-Philippines All-Cargo |
| Service List |
Polar Air Cargo, Inc. requests renewal of its exemption authorizing it to provide scheduled foreign air transportation of property and mail (a) between the coterminal points New York, Chicago, Anchorage, Los Angeles, Seattle and Honolulu, on the one hand, and Manila, Philippines, on the other, via the intermediate points Khabarovsk, Russia, Auckland, New Zealand, Sydney and Melbourne, Australia, Singapore and Tokyo, Japan, and (b) beyond Manila to Taipei, Taiwan.
This extended Philippines authority that was first awarded in Order 97-1-17, where the Department selected Polar to provide scheduled all-cargo services over Route 3 of the U.S.-Philippines Air Transport Agreement, as amended by a 1995 Protocol. Polar began operating U.S.-Philippines service in 1998 and sustained operations until the spring of 2002 before service was temporarily suspended. As Polar indicated in its recent application for a pendente lite allocation of Hong Kong 5th freedom frequencies, which the Department granted by Notice of Action Taken, November 22, 2002, Polar will resume twice-weekly B747F all-cargo service to Manila on January 8, 2003. All necessary filings have been made with the Government of the Philippines and approval for the new flight schedules is anticipated in time for the start of operations. The flights will serve Melbourne, Manila, Hong Kong and Seou1.
Counsel: Atlas Air, Russell Pommer, 202-354-3843
| OST-96-1074 | Filed November 26, 2002 Issued March 5, 2003 |
Notice of Action Taken | US-Philippines All-Cargo |
Renew exemption under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of property and mail (a) between the coterminal points New York, Chicago, Anchorage, Los Angeles, Seattle and Honolulu, on the one hand, and Manila, Philippines, on the other, via the intermediate points Khabarovsk, Russia; Auckland, New Zealand; Sydney and Melbourne, Australia; Singapore; and Tokyo, Japan; and (b) beyond Manila to Taipei, Taiwan.
We note that the U.S.-Japan agreement includes, for certain carriers, restrictions on intermediate and/or beyond service; in this regard, Polar can select only one foreign point to serve in conjunction with its Japan services. Polar is currently serving Seoul but can switch service to another point. As of this time, the carrier has not advised the Department of an intention to switch its existing service. We note that the U.S.-Russia agreement includes restrictions on intermediate and/or beyond service and thus, some operations authorized are subject to the discretionary approval of Russia.
By: Paul Gretch
United Parcel Service
April 5, 2004
Application for Renewal of Exemption Authority
Hereby applies for renewal of its exemption authority authorizing UPS to engage in the scheduled foreign air transportation of property and mail between Anchorage, Alaska, and Diosdado Marcapagal International Airport, Philippines, via Seoul, Korea, and Taipei, Taiwan, and beyond Manila to Singapore and Kuala Lumpur, Malaysia. UPS further applies for the continued right to integrate such authority with its other certificate and exemption authority to provide foreign air transportation.
Counsel: Kelley Drye, David Vaughan, 202-955-9864
United Parcel Service
April 14, 2004
Amendment No. 1 to Application for Renewal of Exemption Authority
On April 5, 2004, United Parcel Service Co., pursuant to 49 U.S.C. 40109 and Part 302.301 et seq. of the Procedural Regulations of the Department of Transportation, filed an application for renewal of its exemption authority authorizing UPS to engage in the scheduled foreign air transportation of property and mail between Anchorage, Alaska, and Diosdado Marcapagal International Airport ("Clark"), Philippines, via Seoul, Korea, and Taipei, Taiwan, and beyond Manila to Singapore and Kuala Lumpur, Malaysia.
UPS hereby files this Amendment No. 1 to its Renewal Application, and requests that the Department receive and consider this Amendment in the captioned case. Specifically, UPS requests that the following paragraph 3 be added to its Renewal Application:
Counsel: Kelley Drye, David Vaughan, 202-955-9864, dvaughan@kelleydrye.com
United Parcel Service
Filed April 5, 2004 | Amended April 14, 2004 | Issued May 6, 2004
Scheduled foreign air transportation of property and mail between Anchorage, Alaska, and Manila, the Philippines (Diosdado Marcapagal International Airport), via Seoul, Korea, and Taipei, Taiwan, and beyond Manila to Singapore and Kuala Lumpur, Malaysia, and to integrate this authority with its existing certificate and exemption authority. UPS filed an amendment adding a paragraph to its renewal application, invoking the automatic extension provisions of the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14 CFR Part 377.
By: Paul Gretch
February 3, 2006
Application for Renewal of Exemption Authority
UPS hereby applies for renewal of its exemption authority authorizing UPS to engage in the scheduled foreign air transportation of property and mail between Anchorage, Alaska, and Diosdado Marcapagal International Airport, Philippines, via Seoul, Korea, and Taipei, Taiwan, and beyond Manila to Singapore and Kuala Lumpur, Malaysia. The authority was originally granted by the Department for the above route in Order 1997-1-17 issued on January 24, 1997. UPS further applies for the continued right to integrate such authority with its other certificate and exemption authority to provide foreign air transportation.
Counsel: Kelley Drye, David Vaughan, 202-955-9864, dvaughan@kelleydrye.com
United Parcel Service
Filed February 3, 2006 | Issued April 7, 2006
Scheduled foreign air transportation of property and mail between Anchorage, Alaska, and Manila, the Philippines (Diosdado Marcapagal International Airport), via Seoul, Korea, and Taipei, Taiwan, and beyond Manila to Singapore and Kuala Lumpur, Malaysia, and to integrate this authority with its existing certificate and exemption authority.
The carrier’s request for route integration authority has been superseded by Order 2006-1-1, where the Department awarded the carrier a blanket route integration certificate.
By: Paul Gretch
United Parcel Service
January 7, 2008
Application for Renewal of Exemption Authority
United Parcel Service Co. hereby applies for renewal of its exemption authority authorizing UPS to engage in the scheduled foreign air transportation of property and mail between Anchorage, Alaska, and Diosdado Marcapagal International Airport, Philippines, via Seoul, Korea, and Taipei, Taiwan, and beyond Manila to Singapore and Kuala Lumpur, Malaysia. The authority was originally granted by the Department for the above route in Order 1997-1-17 issued on January 24, 1997.
UPS currently provides the service and has been providing the service since the grant of the exemption.
Counsel: Kelley Drye, David Vaughan, 202-342-8462, dvaughan@kelleydrye.com
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