UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC



### Issued by the Department of Transportation on February 8 , 201 2

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 201 2

- 0008

_________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official

indicated (no additional confirming order w ill be issued in this matter).

Application of A BX AIR, INC. ( ABX )

, filed 1/18/12

, for:

XX Exemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of property and mail between Harlingen, Texas , on the one

hand, and Monterrey , Mexico , on the other hand

.

Applicant rep: Robert P. Silverberg (202) 944

- 3300 DOT Analyst: Brett D. Kruger (202) 366

- 8025

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action was effective when taken: February 8 , 201 2

, through February 8 , 201 4

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and

Mexico.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX The holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

Conditions : The U.S.

- Mexico exemption authority granted is subject to the dormancy notice

requirements set forth in condition 7 of Appendix A of Order 88

- 10

- 2.

On the basis of data officially noticeable under Rul e 24(g) of the Department's regulations, we found the

applicant qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our

action was consistent with Depart ment policy; (2) grant of the authority was consistent with the public

interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy

Policy and Conservation Act of 1975. To the extent not granted, we denied all r equests in the referenced

Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without

hearing at our discretion.Persons entitled to petition the Department for review of the action set forth in this Notice under the

Department’s regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of

issuance of this Notice. This action was effective when taken, and the filing of a petition for review will

not alter such effectiveness.

An el ectronic version of this document is available on the World Wide Web at:

www.regulations.govATTACHMENT

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled

operations, if authorized);

(3) C omply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the

Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the

requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the Transp ortation

Security Administration, and with all applicable U.S. Government requirements concerning security,

including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S.

Government requirements concerning security, the hol der shall, before commencing any new service

(including charter flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to

advise the PSI of its plans and to find out whether the Transportation Security Administration has

dete rmined that security is adequate to allow such airport(s) to be served; and

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest

as may be prescribed by the Department of Transportation, with all applic able orders and regulations of

other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with the

conditions imposed above.

1/08