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1974 - March DOT Ord. & Dec. [1] (March, 1974)

handle is hein.usfed/dotod0690 and id is 1 raw text is: Order 74-3-1 UNITED STATES OF AMERICA CIVIL AERONAUTICS BOARD WASHINGTON, D. C. Issued under delegated authority March 1, 1974 Application of OVERSEAS NATIONAL AIRWAYS, INC. : Docket 26438 for an exemption pursuant to section 416(b) of the Federal Aviation Act of 1958, as amended. ORDER GRANTING EXEMPTION On February 20, 1974, Overseas National Airways, Inc. (ONA) filed an application seeking an emergency exemption from the provisions of sections 401 and 403 of the Act in order to operate one round-trip cargo charter flight from New York to Dublin and London and return on either February 23 o or March 2, 1974 for one Eugene Shipman. In support of its application ONA alleges, inter alia, that the flight is to transport 18 horses in each direction; that ONA would use a Lockheed Electra aircraft at a round-trip price of $21,579; that ONA has sufficient fuel to perform the flight without cancelling any charters in its certificated areas; that Pan American World Airways, Inc. and Trans World Airlines, Inc. will not object to the instant application; that Seaboard World Airlines, Inc. (Seaboard) has offered to transport the horses at a price of $50,588 using a DC-8 aircraft; that it would be uneconomic for the shipper to transport the horses at Seaboard's price and if the instant application is denied the shipment will not take place; and that grant of the exemption would be in the public interest. 1/ On February 22, 1974, Seaboard filed an answer in opposition to ONA's application. Seaboard alleges, inter alia, that it is prepared to perform the charter at its tariff rate; that it is certificated to do so; and that a difference in price is not a proper basis for granting an exemption over the objection,of a certificated carrier. On February 27, 1974, ONA filed a reply to Seaboard's answer. ONA alleges, inter alia, that it would require approximately half as much fuel to perform the flight as Seaboard would. 2/ 1/ On February 24, 1974, the shipper submitted a telegram in support of * ONA's application. 2/ On February 28, 1974, Seaboard advised that it could operate the flight without having to curtail any of its certificated service.

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