Western Express Air Lines Inc. )

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

______

)

Application of)

)

WESTERN EXPRESS AIR LINES INC.)

)Docket No. OST 2001 – 9521

For an exemption pursuant to )

49 U.S.C. 41301 (U.S. / Canada)

Air Transport Agreement))

)

______)

APPLICATION OF

Western Express Air Lines Inc.

For RENEWAL OF exemptioN

Communications concerning this document may be served upon:

Kenneth D. Symonds

Operations Manager

Western Express Air Lines Inc.

5400 Airport Road South

Richmond, British Columbia

Canada, V7B 1Y3

March 25, 2003

Notice:Any person may support or oppose this application by filing an answer and serving a copy of that answer on the Operations Manager of Western Express Air Lines Inc. and upon person served with this application. The due date for answers is April 28, 2003.

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

______

)

Application of)

)

WESTERN EXPRESS AIR LINES INC.)

)Docket No. OST 2001 - 9521

For an exemption pursuant to )

49 U.S.C. 41301 (U.S. / Canada)

Charter Air Transportation))

)

______)

APPLICATION OF

WESTERN EXPRESS AIR LINES INC.

FOR RENEWAL OF EXEMPTION

Pursuant to 49 U.S.C. 41301 and the Department’s regulations, Western Express Air Lines Inc. hereby applies for renewal of its exemption, as conditioned from 49 U.S.C. 41301 which authorizes Western Express to engage in charter foreign air transportation of cargo operations with small equipment between the United States and Canada, to engage in charter foreign air transportation of persons and their accompanying baggage with small equipment between the United States and Canada, and, other charters in accordance with 14 CFR Part 212. The Department granted the above authority to Western Express by Notice of Action Taken in Docket OST 2001-9521-6, dated May 17, 2002. Western Express requests that this authority, which is scheduled to expire on May 17, 2003, be renewed for a period of at least one year.

Western Express invokes the automatic extension provisions of the Administrative Procedure Act, 5 U.S.C. 558 (c), as implemented by 14 C.F.R. Part 377, to maintain its exemption authority in effect pending a final Department determination on this renewal application.

In support of this application, Western Express states as follows:

Western Express continues to be fit, willing and able to provide the transborder cargo and international courier services and transborder passenger services for which it requests renewed authority. The relevant circumstances under which Western Express received its initial grant of exemption authority are unchanged. Western Express continues to be owned and operated by citizens of Canada and licensed by its homeland to conduct these U.S. operations.
Western Express continues to provide support services to the international cargo and courier community (Federal Express, UPS, DHL Intl., Airborne International, etc.) through the carriage of freight between the United States and Canada fostering commerce consistent with the objectives of the North American Free Trade Agreement (NAFTA). Moreover, the U.S. – Canada Aviation Agreement, encompasses these operations. Consequently, renewal of all elements of Western Express’s authority would be consistent with the public interest.
Western Express is qualified to provide the transborder passenger services for which it requests renewed authority. Western Express continues to provide support services to small groups of passengers using small aircraft on a charter basis fostering commerce consistent with the objectives of the North American Free Trade Agreement (NAFTA). Moreover, the U.S. – Canada Aviation Agreement, encompasses these operations.
Western Express’s renewal application is limited in scope and non-controversial. The services Western Express proposes to operate are substantially identical to those it performed during the past year, ie time-sensitive cargo transportation for international cargo and courier companies and transborder passenger services using aircraft having a maximum passenger capacity of not more than 60 seats and a maximum payload of not more than 18,000 pounds.
Western Express’s Canadian authority to engage in the international carriage of passengers and freight remains in full force and effect, as does its U.S. authority pursuant to its FAA Part 129 Operations Specifications.

WHEREFORE, Western Express respectfully requests renewal of its authority to engage in charter foreign air transportation of cargo and courier freight and transborder passenger services with small aircraft as set forth herein, and such other relief as may be in the public interest.

Respectfully submitted,

Kenneth D. Symonds

Western Express Air Lines

March 25, 2003Operations Manager