Order No. 1989-A-14
January 20, 1989
IN THE MATTER OF an application by United Parcel Service Co. for exemption from paragraph 20(a) of the Air Transportation Regulations, SOR 88-58.
File No. M5050-U1
WHEREAS under Licence No. 880730, United Parcel Service Co. (hereinafter the applicant) is authorized to operate a Class 9-4 Charter non-scheduled international service to transport traffic between points in Canada and points in the United States of America using aircraft in excess of 35,000 pounds maximum certificated take-off weight;
WHEREAS the applicant has applied for an exemption from paragraph 20(a) of the Air Transportation Regulations, which if allowed would permit the applicant to charter its Groups F, G and H aircraft to UPS Worldwide Forwarding Inc. for the carriage of transborder courier traffic between the points Hamilton, Ontario, Canada and Louisville, Kentucky, U.S.A., and the points Hamilton, Ontario, Canada and Buffalo, New York, U.S.A.;
WHEREAS the Agency has taken note of the application and of the particular and unique requirements necessary to satisfy a single customer such as UPS Worldwide Forwarding Inc. who necessitates the use of an entire aircraft; as well as that such requirements are not compatible with obligations under a scheduled international licence to serve the public in general and serve points in accordance with a service schedule, at a toll per unit of traffic;
WHEREAS in these special circumstances, the Agency is of the opinion that compliance by the applicant with the requirements of paragraph 20(a) of the Air Transportation Regulations, for the chartering of its Groups F, G and H aircraft to UPS Worldwide Forwarding Inc. is unnecessary, undesirable and impractical for the time required by the Agency to hear and determine United Parcel Service Co.'s application pursuant to the full application process; and
WHEREAS the Agency has considered the applicant's submission that the charterer UPS Worldwide Forwarding Inc. is faced with capacity problems and delays in its present operation between the U.S.A. and Canada and is therefore of the opinion that due to these special circumstances, it should be authorized on an ex parte basis, pursuant to subsection 40(3) of the National Transportation Act, 1987, S.C. 1987, c. 34, to carry transborder courier traffic between the points Hamilton, Ontario and Louisville, Kentucky, and the points Hamilton, Ontario and Buffalo, New York.
IT IS ORDERED THAT:
- United Parcel Service Co. is hereby exempted pursuant to paragraph 70(1)(c) of the National Transportation Act, 1987, from the requirement of paragraph 20(a) of the Air Transportation Regulations, for the chartering of its Groups F, G and H aircraft to UPS Worldwide Forwarding Inc. for the carriage of transborder courier traffic between the points Hamilton, Ontario and Louisville, Kentucky, and the points Hamilton, Ontario and Buffalo, New York on an interim ex parte basis pursuant to subsection 40(3) of the National Transportation Act, 1987, until such time as the Agency has heard and determined the subject matter.
- United Parcel Service Co. is hereby required to file not less than two working days prior to the commencement of the flight or series of flights charter documentation for all Canadian originating departures, as set out in Division III of the Air Transportation Regulations as applicable with a charter permit to issue upon compliance with said requirements, and shall notify the Agency of all U.S. originating flights at least 48 hours prior to departure pursuant to the Canada/U.S. Non-scheduled Air Service Agreement.
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