OST-1997-2352 - Polar Air Cargo

OST-1997-2352

Polar Air Cargo, Inc.

OST-1997-2352 - Exemption - US-Venezuela

May 8, 1997

Notice of Action

Scheduled foreign air transportation of property and mail between Miami, Florida, on the one hand, and Caracas, Venezuela, on the other, and beyond Caracas to Rio de Janeiro and Sao Paulo, Brazil, and to integrate this authority with its existing certificate and exemption authority.

By: Paul Gretch

Order 97-6-16

Issued June 12, 1997 | Served June 18, 1997

Order

The captioned U.S. air carriers have applied for various forms of authority or relief from Title 49 of the U.S. Code or regulations or orders of the Department in order to perform the air transportation activities shown in the attached Notices of Action Taken. Except as noted, no answers were filed to these requests. Because of the imminence of these operations, we approved them by telephone, subject to adherence, by each applicant, to the conditions set forth in its certificate(s) of public convenience and necessity, and/or conditions attached.

By: Paul Gretch

OST-97-2352	March 1, 1999	Application for Renewal of Exemption	Miami - Caracas, Beyond Caracas to Rio de Janeiro and Sao Paulo
		Service List

Since receiving its exemption authority, Polar Air has been seeking a license from the Government of Venezuela to commence service. Despite the fact that Polar Air's service is fully authorized by the U.S.-Venezuela Air Transport Agreement, Polar's application with the Government of Venezuela has not been approved. After complying with repeated (and duplicative) requests for information to support its application anal being assured that a license would soon be forthcoming, Polar Air was advised that the Government of Venezuela would not approve any pending applications for all-cargo service to Venezuela. No reason was given for this denial. Polar Air is ready, willing and able to provide U.S.-flag service to Venezuela, but Polar Air remains blocked from start-up pending foreign government authorization.

Counsel: Kirkland and Ellis, Jeffrey Manley, 202.879.5161, jeffrey_manley@kirkland.com

OST-97-2352

Filed March 1, 1999
Issued March 18, 1999

Notice of Action Taken

Miami - Caracas, and beyond Caracas to Rio de Janeiro and Sao Paulo

Scheduled foreign air transportation of property and mail between Miami, Florida, and Caracas, Venezuela, and beyond Caracas to Rio de Janeiro and Sao Paulo, Brazil, and to integrate this authority with its existing certificate and exemption authority.

By: Paul Gretch

OST-97-2352	January 16, 2001	Application for Renewal of Exemption	Miami - Caracas, Beyond Caracas to Rio de Janeiro and Sao Paulo
		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 between Miami, Florida, on the one hand, and Caracas, Venezuela, on the other hand, and beyond Caracas to Rio de Janeiro and Sao Paulo, Brazil, and to integrate service to Caracas with services Polar is otherwise authorized to provide pursuant to its exemption and certificate authorities, consistent with applicable international agreements.

Upon receiving its exemption, Polar sought a license from the Government of Venezuela to commence service. Despite the fact that Polar's service was fully authorized by the U.S.-Venezuela Air Transport Agreement, Polar's application with the Government of Venezuela was not approved. Although Polar is not currently using its U.S. exemption authority, Polar wishes to maintain the exemption in effect to enable it to enter the market upon receipt of the requisite license from the Government of Venezuela.

Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com

OST-97-2352

Filed January 16, 2001
Issued February 7, 2001

Notice of Action Taken

Miami - Caracas Venezuela, Beyond Caracas to Rio de Janeiro and Sao Paulo

By: Paul Gretch

OST-97-2352	December 4, 2002	Application for Renewal of an Exemption	U.S.-Venezuela
		Service List

As Polar pointed out in its last renewal application, it had applied to the Government of Venezuela for a license to commence service. Even though the service is authorized by the U.S.-Venezuela Air Transport Agreement, the Government of Venezuela has never granted the requested license. Polar thus has been unable to use its U.S. exemption authority. It wishes to renew that authority so it will be in a position to enter the Venezuela market when economic conditions warrant and it can renew its efforts with the Government of Venezuela to obtain the requisite license.

Counsel: Atlas, Russell Pommer, 202 354-3843

Order 2007-5-4
OST-2007-27056 - Disclaimer of Jurisdiction Over or Approval of Transfer of Certificates and Related Authorities
OST-1998-3491 - Exemption - Route 727, US-Japan All-Cargo
OST-1999-6425 - Certificate of Public Convenience and Necessity - U.S.-Argentina; U.S.-Chile
OST-2000-8445 - Certificate of Public Convenience and Necessity - US-South America All-Cargo
OST-2001-9382 - Certificate of Public Convenience and Necessity - US-Thailand
OST-1995-877 - Exemption - US-Russia All-Cargo
OST-1997-2352 - Exemption - US-Venezuela
OST-2001-9829 - Exemption - US-Brazil
OST-2003-15447 - Exemption - US-Iraq Cargo

Issued and Served May 9, 2007

Order Transferring Exemption Authority and Reissuing Certificates

We have decided to approve the transfer of Polar's foreign certificate and other authorities to Polar Worldwide. However, we will not here transfer Polar's interstate authority. As noted above, by Order 2007-3-15, the Department issued to Polar Worldwide an interstate certificate of public convenience and necessity to conduct scheduled air transportation of property and mail. Therefore, Polar's request for the transfer of its interstate certificate to Polar Worldwide is now moot. We will cancel Polar's interstate certificate upon the effectiveness of Polar Worldwide's interstate certificate (see Order 2007-3-15).

By: Andrew Steinberg

Order 2007-6-17
OST-2007-27056 - Disclaimer of Jurisdiction Over or Approval of Transfer of Certificates and Related Authorities
OST-1998-3491 - Exemption - Route 727, US-Japan All-Cargo
OST-1999-6425 - Certificate of Public Convenience and Necessity - U.S.-Argentina; U.S.-Chile
OST-2000-8445 - Certificate of Public Convenience and Necessity - US-South America All-Cargo
OST-2001-9382 - Certificate of Public Convenience and Necessity - US-Thailand
OST-1995-877 - Exemption - US-Russia All-Cargo
OST-1997-2352 - Exemption - US-Venezuela
OST-2001-9829 - Exemption - US-Brazil
OST-2003-15447 - Exemption - US-Iraq/Afghanistan

Issued and Served June 25, 2007

Order Issuing Effective Authority

By this order, we (1) make effective the interstate and foreign certificates and authorities issued to Polar Air Cargo Worldwide, Inc., d/b/a Polar Air Cargo to engage in air transportation of property and mail, and (2) reissue the air carrier's certificates to reflect their effectiveness.

We make the interstate scheduled certificate of public convenience and necessity issued to Polar Air Cargo Worldwide, Inc., d/b/a Polar Air Cargo, by Order 2007-3-15, effective on June 27, 2007.
We make the foreign scheduled certificates of public convenience and necessity, exemption authorizations, and frequency allocations transferred to Polar Air Cargo Worldwide, Inc., d/b/a Polar Air Cargo, from Polar Air Cargo, Inc., by Order 2007-5-4, effective on June 27, 2007.
We reissue to Polar Air Cargo Worldwide, Inc., d/b/a Polar Air Cargo, its interstate and foreign scheduled all-cargo certificates issued by Orders 2007-3-15 and 2007-5-4, respectively, in the attached form to reflect their effectiveness.
We cancel the interstate certificate reissued to Polar Air Cargo, Inc., by Order 1994-7-12, effective June 27, 2007.
We cancel the exemption authority granted to Polar Air Cargo Worldwide, Inc., d/b/a Polar Air Cargo under 49 U.S.C. 40109 to provide foreign scheduled air transportation of property and mail between a point or points in the United States and a point or points in Colombia.

By: Todd Homan