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1976 - May DOT Ord. & Dec. [1] (May, 1976)

handle is hein.usfed/dotod0595 and id is 1 raw text is: 




                    UNITED STATES OF AMERICA
                    CIVIL AERONAUTICS BOARD
                        WASHINGTON, D.C.

             SATURN AIRWAYS, INC., EXEMPTION
                            DocKrr 29183


                            Order 76-5-1
                 Issued under delegated authority
                           May 3, 1976

Application of Saturn Airways, Inc., for an exemption pursuant to section 416(b) of the
  Federal Aviation Act of 1958, as amended
                    ORDER GRANTING EXEMPTION
  By application filed April 27, 1976, Saturn Airways, Inc., hereinafter
referred to as the applicant, requests an emergency exemption from sec-
tions 401 and 403 of the Federal Aviation Act of 1958, as amended (the
Act), in order to operate on or about May 4, 1976, one one-way outsized-
cargo charter flight from Trenton, N.J., to Isfahan, Iran, on behalf of
the Imperial Iranian Air Force.
  In support of its request the applicant alleges, inter alia, that the pur-
pose of the flight is to transport aircraft parts which are required to
meet a contract deadline; that in the conduct of this service an L-100
aircraft will be used at a charter price of $51,975; that this flight was
confirmed to it on April 26, 1976, thus necessitating the late filing; that
Pan American World Airways, Inc., does not object to grant of this re-
quest; and that operation of this flight will have none of the results set
forth in section 312.9(a)(2) of the Procedural Regulations.
  In view of the imminence of the proposed operation, we will act on
this application without awaiting expiration of the 10-day period for fil-
ing answers.
  The allegations set forth in this application have been carefully con-
sidered and it appears that the proposed operation is consonant with
the Board's charter regulations, that it is in the public interest, and
that exemption from sections 401 and 403 of the Act should be granted.
  Considerations taken into account which warrant use of the exemp-
tion power of the Board are that this operation will not adversely affect
any other air carrier; that the expense of a certification proceeding
would be disproportionate to the size of the operation, unduly burden-
some on the carrier, and not in the public interest; and that to require a
certification proceeding would have the practical effect of precluding
the operation.


DOCKET 29183


ORDER 76-5-1

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