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1977 - May DOT Ord. & Dec. [1] (May, 1977)

handle is hein.usfed/dotod0606 and id is 1 raw text is: Order 77-5-1 UNITED STATES OF AMERICA 56/55 CIVIL AERONAUTICS BOARD WASHINGTON, D. C. Issued under delegated authority May 2, 1977 Application of THE FLYING TIGER LINE INC. Docket 30722 for an exemption pursuant to section 416(b) and approval of an agreement pursuant to section 412 of the Federal Aviation Act of 1958, as amended. ORDER GRANTING EXEMPTION AND WAIVER By application filed April 12, 1977, The Flying Tiger Line Inc. (FTL) requests exemption from section 403 of the Federal Aviation Act of 1958, as amended (the Act), and waiver of Part 207 of the Board's Economic Regu- lations to the extent necessary to permit FTL to wet lease one DC-8-63 freighter aircraft to Deutsche Lufthansa Aktiengesellschaft (Lufthansa) to perform Lufthansa's all-cargo service between Frankfurt, Germany, and New York, New York, for a four-week period from the middle of May 1977, through the middle of June 1977. FTL also requests approval of the applicable agreement pursuant to section 412 of the Act. l/ In support of its application, FTL alleges, inter alia, that the purpose of the wet lease is to allow Lufthansa to continue to provide an adequate level of all-cargo service in the Frankfurt-New York market while Lufthansa's B-747 freighter is undergoing a block overhaul; 2/ that temporary substitution of FTL's DC-8 aircraft represents a capacity reduction for Lufthansa of 1/ The agreement was not filed with the application. Section 412 of the Act does not require prior approval. FTL states that the agreement will be filed as soon as it is formalized. In view of FTL's statements regarding the necessity for expedited action, we shall act herein on the request for exemption and defer action on the request for approval of the agreement. However, we expect FTL to file the agreement prior to commencing operations under the authority granted herein. 2/ FTL indicates that Lufthansa currently services this route with six B-747 frequencies per week.

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