Order No. 1991-A-212

April 24, 1991

File No. M4895-U17-4-2

WHEREAS United Parcel Service Company (hereinafter the applicant) has applied to the National Transportation Agency for the exemption set out in the title;

AND WHEREAS under Licence No. 880730, 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;

AND WHEREAS by Order No. 1990-A-156 dated May 3, 1990 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 Order;

AND WHEREAS notice of the application was published on March 8, 1991 in the newspapers of the Hamilton 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 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 G aircraft to UPS Worldwide Forwarding Inc. is unnecessary, undesirable and impractical.

NOW THEREFORE, IT IS ORDERED THAT:

United Parcel Service Company 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 UPS Worldwide Forwarding Inc. for the carriage of transborder courier traffic as defined by paragraphs 16(a) and 16(b) of the Air Transportation Regulations between Hamilton, Ontario, Canada and Louisville, Kentucky, U.S.A., for a period of one year effective May 7, 1991, subject to the following condition:

United Parcel Service Company 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 the Air 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.