Order No. 1990-A-184

May 11, 1990

File No. M4895-P50-4

WHEREAS Perimeter Aviation Ltd. (hereinafter the applicant) has applied to the National Transportation Agency for the exemption set out in the title;

AND WHEREAS under Licence No. 882447, the applicant is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A, B, C and E (limited to the transportation of goods only in Group E);

AND WHEREAS by Decision No. 247-A-1989 dated May 12, 1989 the applicant was exempted from complying with the requirements set out in paragraph 20(a) of the Air Transportation Regulations, for a period of one year from the date of the Decision;

AND WHEREAS notice of the application was published on March 30, 1990 in the newspapers of the Winnipeg area and copies of the notice were sent to selected air carriers. No interventions opposing the granting of the application were filed with the Agency;

AND WHEREAS the Agency has considered the application and the material in support thereof and notes that the application was unopposed;

AND WHEREAS the Agency notes the particular and unique requirements necessary to satisfy a single customer such as UPS Worldwide Forwarding Inc. 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. Accordingly, 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 Group E aircraft to UPS Worldwide Forwarding Inc. is unnecessary, undesirable and impractical.

NOW THEREFORE, IT IS ORDERED THAT:

Perimeter Aviation Ltd. is hereby exempted, pursuant to paragraph 70(1)(c) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), from complying with the requirements set out in paragraph 20(a) of the Air Transportation Regulations for the chartering of its Group E aircraft to UPS Worldwide Forwarding Inc. for the carriage of transborder courier traffic as defined by paragraphs 16(a) to 16(d) of the Air Transportation Regulations between the Canadian point Winnipeg, Manitoba and the U.S. point Minneapolis, Minnesota, for a period of one year effective May 14, 1990, subject to the following condition:

Perimeter Aviation Ltd. is 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, 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.

Should the applicant require an exemption from paragraph 20(a) of theAir Transportation Regulations for a longer period of time, an application must be filed with the Agency at least 60 days prior to the termination of this exemption.