Order No. 1995-A-111

March 27, 1995

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 notice of the application was published on January 27, 1995 in the newspapers of the Vancouver 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 WHEREAS paragraph A of section 3 of annex V of the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on February 24, 1995 (hereinafter the Agreement) restricts any new scheduled or non-scheduled all-cargo service by airlines of the United States to/from Vancouver to aircraft up to 75,000 pounds maximum certificated take-off weight inclusive;

AND WHEREAS by virtue of Section 2 of Annex IV and Section 3 of Annex V of the Agreement, the applicant is authorized to serve Vancouver with aircraft having a maximum certificated take-off weight up to 75,000 pounds;

AND WHEREAS the applicant proposes to operate the service described in title using fixed wing aircraft having a maximum certificated take-off weight between 150,000 pounds and 350,000 pounds.

NOW THEREFORE, IN VIEW OF THE ABOVE:

The application is denied.