Order No. 1990-A-88

March 6, 1990

File No. M4895-P107-4-2

Ryan International Airlines, Inc. (hereinafter the applicant) has applied to the National Transportation Agency for the exemption set out in the title.

Under Licence No. 880094, 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 U.S.A. using aircraft in Groups E, F, G and H.

By interim ex parte Order No. 1990-A-7 dated January 9, 1990, the applicant was exempted from complying with the requirements set out in paragraph 20(a) of the Air Transportation Regulations until such time as the Agency heard and determined the subject matter.

Notice of the application was sent to all Canadian licensees that operate Class 9-4 Charter non-scheduled international services using fixed wing aircraft in Group E or larger. No interventions opposing the granting of the application were filed with the Agency.

The Agency has considered the application, the material in support thereof and notes that the application was unopposed.

The Agency notes the particular and unique requirements necessary to satisfy a single customer such as Emery Air Freight Corporation 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 G aircraft to Emery Air Freight Corporation is unnecessary, undesirable or impractical.

ACCORDINGLY, IT IS ORDERED THAT:

Ryan International Airlines, Inc. 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 G aircraft to Emery Air Freight Corporation 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 Toronto, Ontario and the U.S. point Dayton, Ohio, for a period of one year from the date of this Order, subject to the following condition:

Ryan International Airlines, Inc. 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.