UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, DC

Issued by the Department of Transportation on February 3, 2014

NOTICE OF ACTION TAKEN – DOCKET DOT-OST-2008-0228

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

(no additional confirming order will be issued in this matter).

Application of CENTURION AIR CARGO, INC. (Centurion) filed May 10, 2013 for:

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

Scheduled foreign air transportation of property and mail between any point or points in the 

United States, via intermediate points, and the Brazilian co-terminal points Manaus, Brasilia, Rio 

de Janiero, Sao Paulo, Recife, Porto Alegre, Belem, Belo Horizonte, Curitiba, Fortaleza, and 

Salvador, and beyond Brazil to Argentina, Uruguay, Paraguay, and Chile. Centurion also 

requests authority to integrate these services with it other exemption authority.1

 

Applicant rep.: John R. Mietus, Jr. (202) 747-5212 DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N 

XX Granted (subject to conditions)

The above action was effective when taken: February 3, 2014 through February 3, 2016.

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

Brazil, as amended, and the Memorandum of Consultations signed March 19, 2011.

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

indicated: XX Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

Conditions: The route integration authority granted is subject to the condition that such operations are 

consistent with the applicable bilateral aviation agreements. Furthermore, (a) nothing in the award of the 

route integration authority requested should be construed as conferring upon Centurion rights (including 

fifth-freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless 

Centurion notifies the Department of its intent to serve such a market and unless and until the Department

has completed any necessary carrier selection procedures to determine which carrier(s) should be 

authorized to exercise such rights; and (b) should there be a request by any carrier to use the limited-entry 

route rights that are included in Centurion’s authority by virtue of the route integration authority granted

here, but that are not then being used by Centurion, the holding of such authority by route integration will

not be considered as providing any preference for Centurion in a competitive carrier selection proceeding to 

determine which carrier(s) should be entitled to use the authority at issue.

 1 Centurion says in its application that it has no current plans to initiate scheduled service to Brazil, but seeks renewal of its 

authority to retain the flexibility to do so in the future. We note that Centurion currently has no U.S.-Brazil frequencies. See 

Notice of Action Taken dated July 12, 2011 in the present docket and Order 2011-9-7. Should it decide to institute service, it 

will need to apply for frequencies to do so. 
Remarks: The authority for which Centurion requested renewal expired on July 14, 2013, but has been kept 

in force pursuant to the provisions of the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 

14 CFR Part 377, pending action on its timely-filed renewal application.

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

applicant qualified to provide the services authorized.

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

was consistent with Department policy; (2) grant of the exemption 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 or dismissed, we denied all requests 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 electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov
U.S. Carrier Exemption Conditions

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

ATTACHMENT

(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) Comply 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 

Transportation 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 holder 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 determined that security is adequate to allow such 

airport(s) to be served;

(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 applicable 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.

1/2008