OST-96-1496 / UPS / July 17, 1997

 

NOTE: Any person wishing to support or oppose this Application must file an answer with the DOT's Documentary Services Division by August 1, 1997. A copy of such answer must be served upon United Parcel Service Co. and its counsel and all persons named on the attached Service List.

 

Application of

UNITED PARCEL SERVICE CO.

for renewal of a frequency allocation (U.S.-Thailand All-Cargo Service)

 

APPLICATION OF

UNITED PARCEL SERVICE CO.

FOR RENEWAL OF FREQUENCY ALLOCATION

 

United Parcel Service Co., ("UPS") hereby applies for renewal of its allocation of six weekly frequencies to engage in scheduled foreign all-cargo air transportation between points in the United States on the one hand, and points in Thailand, on the other hand, including authority to integrate that service with existing services provided by UPS between the U.S. and other points in the Pacific region.

 

UPS relies on the automatic extension provision of the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14 C.F.R. 377. This renewal application is timely filed under Part 377.10(c) because it is being filed more than 60 days in advance of the expiration of the existing frequency allocation. UPS's service is an "activity of a continuing nature" as defined in 5 U. S.C. 558(c).

 

In support of this Application, UPS states as follows:

 

1. UPS was allocated six weekly all-cargo frequencies for services in the U.S.-Thailand market by Order 96-9-16, served September 19, 1996, for a period of one year, through September 19, 1997. The start-up date, after which time the frequencies would have automatically expired was initially April 1, 1997. In a Notice of Action Taken on March 28, 1997 in Docket OST-97-2225, the Department of Transportation (the "DOT" or the "Department") granted UPS an Exemption delaying the start-up date until September 1, 1997. /1

 

2. On April 1, 1997 UPS commenced all-cargo service between the United States and Thailand one day per week over a Taipei-Bangkok-Singapore routing. The foregoing flights are operated utilizing DC8-73 freighter aircraft, having a maximum gross payload of 103,000 pounds. Within the time period set forth by the DOT in the Notice of Action Taken in Docket OST 97-2225, UPS will commence operating five additional U.S.-Thailand frequencies over a Singapore-Kuala Lumpur-Bangkok-Taipei routing, with DC8-73 freighter aircraft.

 

3. The service currently being offered, and to be offered, by UPS provides important public benefits in the market, and the renewal of these frequencies is clearly in the

 


1/ The September 1, 1997 start-up date is the date the 90-day dormancy period will begin. Thus, according to the terms of the Notice of Action Taken, UPS will have until November 30, 1997 to commence service. It may be that DOT would wish to treat the November date as the expiration date of UPS frequency allocation rather than the September 19, date which is the one year anniversary of the Order originally awarding the frequencies.

 


 

public interest. Accordingly, the air transportation service which UPS proposes is consistent with the public convenience and necessity. UPS has been found to be fit, willing and able to provide the transportation applied for herein and to conform to the provisions of the Federal Aviation Act and the rules and regulations of the Department. All of these findings remain valid today.

 

4. UPS requests that the frequency allocations be renewed for a two-year period or such longer period as the Department may deem appropriate.

 

WHEREFORE, United Parcel Service Co. respectfully requests that the Department to renew UPS's frequency allocation granted by Order 96-9-16 in Docket OST-96-1496 to operate six weekly scheduled all-cargo frequencies in foreign air transportation between points in the United States on one hand and points in Thailand on the other hand, for a period of two years or for such longer period as the Department deems appropriate, and for such other and further relief as the Department may deem just and necessary.

 

Respectfully Submitted,

 

David L. Vaughan

Kelley Drye & Warren

1200 19th Street, N.W.

Suite 500

Washington, D.C. 20036

Attorney for Applicant United Parcel Service Co.