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OST-97-2952

Fine Air Services, Inc. (Fitness Determination)

OST-97-2952 | October 1, 1997

Notice of Application for Continuing Fitness Determination, Application for Emergency Exemptions and Motion to Shorten Response Period

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Fine Air Services, Inc. ("Fine Air") hereby (i) notifies the Department that it has reached agreement with the Federal Aviation Administration ("'FAA") upon an accelerated schedule that will permit Fine Air to recommence operations on Monday, October 6; (ii) supplies to the Department information that Fine Air is required to submit pursuant to Section 204.7 of the Department's regulations prior to resuming operations and applies for a determination of its continuing fitness based on that information; (iii) seeks an emergency exemption from the Department's regulations to permit Fine Air to carry revenue cargo on a demonstration flight; (iv,) seeks an emergency exemption from the Department's requirement that it supply fitness data 45 days before recommencing operations and requests that the Department act upon the instant application in time for Fine Air to recommence commercial operations on Monday, October 6; and (v) moves the Department to shorten the answer period to the i'nstant application accordingly.

Counsel: Wilmer Cutler, Jeffrey Shane, 202-663-6000


Fine Air Service, Inc. (Notice)

OST-97-2952 | Served October 1, 1997

Notice to All Parties

In view of the fact that Federal Aviation Administration has expedited its re-inspection of Fine's operations in order to enable the carrier to recommence its operations as quickly as possible consistent with the terms of the Consent Agreement between the FAA and Fine, we have decided to the shorten the answer and reply periods, although not to the extent requested by Fine. Answers to the noted application will be due by the close of business on October 3, 1997; responses will be due no later than noon on October 6, 1997.

By: John Coleman


Fine Air Services, Inc. (Fitness Determination)

OST-97-2952 | October 3, 1997

Answer of Federal Express

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Federal Express strongly objects to grant of the exemptions applied for by Fine Air on the basis of the inability of Federal Express to file an informed Answer to Fine Air's application under the greatly accelerated procedures established by the Department's Notice and the failure of Fine Air to serve any of the documentation referred to in its application on Federal Express. Federal Express has not yet received any of the fitness evidence referred to in Fine Air's exemption application.

Counsel: FedEx and Shaw Pittman, Nathaniel Breed, 202-663-8078


Fine Air Services, Inc. (Fitness Determination)

OST-97-2952 | October 6, 1997

Reply of Fine Air Services

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FedEx's apparent unwillingness to take even basic steps to obtain Fine Air's complete Application belies any contention that it was "unable" to submit an answer to Fine Air's application. That contention therefore furnishes no basis for issuing a revised procedural order.

Counsel: Wilmer Cutler, Jeffrey Shane, 202-663-6000


Fine Air Services, Inc. (Fitness Determination)

OST-97-2952 | October 7, 1997

Withdrawal of Objection of Federal Express

Federal Express Corporation (Federal Express) hereby withdraws its objection, filed on October 3, 1997 in the captioned proceeding, to the Application of Fine Air Services, Inc. (Fine Air) for grant of an emergency exemption from the 45-day minimum fitness review period established by Section 204.7(b) of the Department's Economic Regulations so as to authorize Fine Air to resume its now-suspended operation of scheduled all-cargo foreign air transportation in less than 45 days, subject to approval by the Department.

Counsel: Federal Express and Shaw Pittman, Nathaniel Breed, 202-663-8078


Fine Air Services, Inc. (Fitness Determination)

OST-97-2952 | September 19, 1997

Letters in Support of Fine's Service to President Clinton

By: Nanci Adels, Vice President, Sales


Fine Air Services, Inc. d/b/a Fine Airlines d/b/a Fine Air

Order 98-1-3 | OST-97-2952 | Issued January 2, 1998 | Served January 5, 1998

Order Confirming Oral Grant of Exemptions

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By this order, (1) we find that Fine Air Services, Inc. d/b/a Fine Airlines, d/b/a Fine Air (Fine) continues to be fit to provide its certificated operations; (2) we confirm our oral action of October 3, 1997, granting Fine an exemption from the requirements of section 201.5 of our rules (14 CFR 201.5) to the extent necessary to permit it to carry revenue cargo on certain demonstration flights required by the Federal Aviation Administration (FAA); and (3) we confirm our oral action of October 28, 1997, granting Fine an exemption from the provisions of section 204.7 of our rules (14 CFR 204.7) permitting it to resume operations. Consistent with current policy, we will require Fine to provide notice to the Department at least 45 days in advance of implementing any plans to expand its fleet beyond 20 aircraft.

Attachment A - Service List

By: Charles Hunnicutt


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