BEFORETHE DEPARTMENT OFTRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON, D.C. ) Application of ) ) 

### ABX AIR, INC. ) ) pursuantto 49 U.S.C. §40109 for ) an exemptionfrom 49 U.S.C. §41101 ) and designation (Los Angeles-Guadalajara ) scheduled all-cargo service) ) 

## _____________________________) ) Application of ) ) 

### ABXAIR, INC. ) ) pursuantto 49 U.S.C. §40109 for ) an exemptionfrom49 U.S.C. §41101 ) and designation (Los Angeles-Mexico City ) scheduled all-cargo service) )



# ___________________________) DocketDOT-OST-2007-29318

DocketDOT-OST-2007-29319



### APPLICATION OF ABXAIR, INC. FOR RENEWAL OFEXEMPTIONS Communications with respectto this document shouldbe addressedto:

Dated: January 28, 2015 Robert P. Silverberg, Esq. SILVERBERG GOLDMAN, LLP 1101 30th Street, NW Suite 300 Washington, DC 20007 Tel: 202-944-3300 E-Mail: rsilverberg@sgbdc.com Attorneys for 

### ABX AIR, INC.BEFORETHE DEPARTMENT OFTRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON, D.C. ) Application of ) ) 

### ABX AIR, INC. ) ) pursuantto 49 U.S.C. §40109 for ) an exemptionfrom 49 U.S.C. §41101 ) and designation (Los Angeles-Guadalajara ) scheduled all-cargo service) ) 

## _____________________________) ) Application of ) ) 

### ABX AIR, INC. ) ) pursuant to 49 U.S.C. §40109 for ) an exemptionfrom 49 U.S.C. §41101 ) and designation (Los Angeles-Mexico City ) scheduled all-cargo service) )



## ___________________________) Docket DOT-OST-2007-29318

Docket DOT-OST-2007-29319



### APPLICATION OFABX AIR, INC. FOR RENEWAL OF EXEMPTIONS Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department's Rules of Practice (14 C.F.R. §§ 302.301 etseq.), ABX Air, Inc. ("ABX") hereby requests renewal ofits exemption authority last grantedby Notice ofAction Taken, issued May 1, 2013, in the above-referenced Dockets. The exemption authority authorizes ABX to engage in scheduled foreign air transportation of property and mail between Los Angeles, California and Guadalajara, Mexico and between Los Angeles, California and Mexico City (Benito Juarez Airport), Mexico. ABX also seeks renewal of its authority to serve points beyond Guadalajara and Mexico City (without local traffic rights) as furtherApplication ofABX Air, Inc. January 28, 2015 Page 2 authorizedby the May 1, 2013 Notice ofAction Taken. The exemption authority is setto expire on May 1, 2015. ABX hereby makes a timely application for renewal of the exemption authority and states its intention to rely upon the automatic extension provisions of 5 U.S.C. § 558(c) and Part 377 of the Department's Special Regulations. ABX requests that this exemption authority be renewed for an additional period of at leasttwo years. In further support ofthis application, ABX respectfully submits as follows: 1. ABX is a Delaware Corporation. ABX is a wholly owned subsidiary of Air Transport Services Group, Inc. Itis a citizen ofthe United States within the meaning of the federal transportation statute, in that its officers and directors are citizens of the United States and that at least 75% ofits voting stock is held byU.S. citizens. 2. ABX possesses a Domestic All-Cargo Air Service Certificate most recently reissued by Order 89-3-30. ABX also holds a Certificate ofPublic Convenience and Necessity authorizing it to conduct operations between the United States and all current and future United States open-skies partner countries. See Order 2007-7-4, served July 10, 2007. The carrier currently operates domestic and international cargo flights on a scheduled and charterbasis. 3. As noted above, by Notice of Action Taken, issued May 1, 2013, the Department last renewed the exemption authority granted to ABX to engage in scheduled foreign air transportation of property and mail between Los Angeles, California and Guadalajara, Mexico and between Los Angeles, California and Mexico City (Benito Juarez Airport), Mexico as originally authorized by DOT's Notice of Action Taken, issued October 15, 2007, in the above-referenced Dockets. The exemption authority also

### Application ofABX Air, Inc. January 28, 2015 Page 3 includes authority for ABX to serve points beyond Guadalajara and Mexico City (without local traffic rights). The exemption authority is currently set to expire on May 1, 2015. 4. ABX is currently operating five scheduled all-cargo flights per week over the routing Los Angeles-Mexico City-Guadalajara-Los Angeles. Renewal of ABX's U.S.-Mexico exemption authority as requested herein will enable the carrier to continue to provide this service to the benefit of the shipping public. Finally, as the Department previously found when it first granted ABX's exemption authority to serve Mexico, the authority requested herein is fully consistent with the aviation agreement between the United States and Mexico. 5. Renewal of ABX's exemption authority will not result in a net annual increase in fuel consumption of 10 million gallons or more, and thus this request is not a majorregulatory action requiring an energy statement under 14 C.F.R. Part 313. 6. ABX hereby expressly relies on the provisions of 5 U.S.C. § 

### 558(c) and Part 377 ofthe Depmtment's Special Regulations to continue its exemption authority in force pending final Department action on this renewal application. This application is being filed on a timely basis in accordance with the provisions ofsection 377.10(c) ofthe DOT's Special Regulations.Application ofABX Air, Inc. January 28, 2015 Page4 WHEREFORE, ABX Air, Inc. respectfully requests that the Department renew its exemption authority last granted by Notice of Action Taken, issued May 1, 2013, in Dockets DOT-OST-2007-29318 and DOT-OST-2007-29319, and for such further and other reliefas the Departmentmay deem appropriate.

Dated: January 28, 2015 Respectfully submitted, SILVERBERG GOLDMAN, L.L.P. Attorneys for ABX AIR, INC.

By:

# £~/3!;44Certificate ofService

I hereby certify that I have on this 28th day of January 2015 served a copy of the foregoing Application of ABX Air, Inc. for Renewal of Exemptions by e-mail upon the following persons: Steve.Morrissey@united.com Dan.weiss@united.com gmurphy@crowell.com sascha.vanderbellen@delta.com chris.walker@delta.com howard.kass@aa.com Robert.Wirick@aa.com nssparks@fedex.com sllunsford@fedex.com gbleopard@fedex.com cefelts@fedex.com msinick@ssd.com anita.mosner@hklaw.com Jennifer.Nowak@hklaw.com rpommer@atlasair.com kevin.montgomerv@polaraircargo.com jrichardson@johnlrichardson.com jcanny@amerijet.com jhill@coolev.com robe1i.land@jetblue.com bob.kneisley@wnco.com matwood@cozen.com pmurphy@lopmurphy.com jvoung@yklaw.com John.s.duncan@faa.gov cristinaSA@state.gov