Order No. 1994-A-167

May 6, 1994

File No. M4895/U17-4-1

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. 1993-A-131 dated May 3, 1993, 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 effective May 7, 1993;

AND WHEREAS notice of the application was published on March 29, 1993 in the newspapers of the Hamilton area. In addition, selected air carriers and others who may have an interest in the proceedings were notified of the application. 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 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 from Hamilton, Ontario, Canada to Louisville, Kentucky, U.S.A., for a period of one year effective May 7, 1994, 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.

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 90 days prior to the termination of this exemption.