UNITED STATES OF AMERICA

DEPARTMENT OF T RANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation o n February 3 , 2014

NOTICE OF ACTION TAKEN

– DOCKET DOT

- OST

- 2008

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This serves a s notice to the public of the action described below, taken by the Depar t m ent offic i al indicated

(no addit i onal confir m ing order will be issued in this matter).

Application o f CEN T UR I ON A IR CA RGO, INC. ( Centurion) filed May 10, 2013 f o r:

X X Renewal of e x e m ption for two y e a rs under 49 U .S.C. 40 1 09 t o pro v ide the following se r vice:

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 Horizon te, 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 Anal y st: Darren Jaffe (202) 366

- 2512

D I S P O S I T I O N

X X Granted (subject to conditions )

The above action was effective when taken: February 3 , 2014 thro u gh February 3 , 201 6

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

X X The authority granted is consist e nt with the aviation agreement be t we e n the United States and

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

.

Except to the extent exe m pted or waived, this authori t y is subject to the ter m s, c o nditions, and li m i t ations

indicated: XX Holder’s certifica t es of public convenience and necessity

XX Standard exemp t ion conditions (attached)

Conditions: The route in t egration authori t y granted is s ubject to the condition t h at such ope r ations are

consistent with the applicable bil a teral aviation agreements. Further m ore, (a) n o thing in t h e award of the

route integra t ion aut h ori t y requested should be con s t r ued as conferring u pon C e nturion rights (includi n g

fifth

- freedom intermediate and/or b e y ond rights) to serve m arkets where U.S. c arrier entry is li m i t ed unless

Centurion notifies the Depar t ment of its intent to serve such a market and unless and until the Depar t ment

has c o m p leted any necessary carrier selec t i on p r ocedures to dete r m ine which carr i er(s) should be

authorized to exercise such rights; and (b ) should t h ere be a request b y a n y carrier to use the l i mited

- entry

route rights t h at are included in Centur i o n ’ s authori t y b y vir t ue of t h e route inte g ration author i ty granted

here, but that are not then being used by Centurion, t he holding of s u ch authori t y by route integration will

not be considered as providing any preference for Centu r ion in a co m p etitive carrier selection proceeding to

deter m ine w h ich carrier(s) should be entitled to use the authori t y 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 not e 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 frequencie s 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 Depar t ment's regulations, we found the

applicant qu a lified to provide the servic e s authorized.

Under author i ty assigned by the Department in its regu l ations, 14 CFR Part 385, we found th at (1) our action

was consistent with Department polic y ; (2) grant of th e exe m ption authori t y was consistent with the public

interest; and (3) grant of th e authori t y w ould not con s titute a major regulato r y action under the Energy Poli c y

and Conservation Act of 19 75. T o the e x tent not g r anted or dis m issed, we denied all requests in the

referenced Docket. We may a mend, modi f y

, or rev o ke the author i ty granted in t h is Notice at any ti m e without

hear i ng at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the

Depar t ment’s regulations, 14 CFR §385.30, m ay file t h eir petitions wit h in seven (7) d a y s after the date of

issuance of this Notice. This action was effective when taken, and t h e filing of a petition for r e view will not

alter such ef f ectiveness.

An electronic version of this document is available on the World W i de Web at:

h tt

p ://www.reg u l a tio n s.g o v

### U.S. Carrier Exemption Conditions

In the conduct of the operations author i zed, the U.S. carrier applicant(s) shall: AT T AC H MENT

(1) Hold at all ti m es effecti v e operating authority from the gover nm ent of each country served;

(2) Co mply with applicable require m ents c oncerning oversales contained in 14 CFR 250 (for

scheduled operations, if authorized);

(3) Co mply with the require m ents for reporting data contained in 14 CFR 241;

(4) Co mply with req u ir e m ents f or m i ni m u m ins u rance coverage, and for certifying that coverage

to the Depart m ent, contained in 14 C FR 205;

(5) Exce p t as specifically exe m pted or otherwi s e provided f or in a Depart m ent Order, co mply

with the require m ents of 14 CFR 203, concerning waiver of W arsaw Convention li a bility li m its

and defenses;

(6) Co mply with all ap p lica b le r equire m ents of the Feder a l Aviation Ad m i nistration, the

Transportation Security Ad m i nis t ration, and with all a p plicable U.S. Govern m ent require m ents

concerning security, including, but not li m ited to, 49 CFR P a rt 1544. To assure co m pliance with

all applicable U.S. Gov e rn m ent require m ents c o ncerning security, t he holder shall, before

commencing any new service (including charter flights) to or from a foreign airport, contact its

Princi p al S e curity Insp e ctor (PS I ) to advise t h e P SI of its plans and to find out whether the

Transportation Security Ad m i nistration has det er m ined that security is a d equate to allow such

airport(s) to be served;

(7) Co mp ly with such other reasonable te r m s, con d itions, and li m itations required b y t h e p u bl i c

interest as may be pr e scribed by t h e Department of Transpor t at i on, with all applicable o r ders

and regulations of other U.S. a g encies and courts, and with a ll applicable laws of the United

States.

The authority granted shall be effective only during the period w h en the holder is in co m pliance

with the conditions i m posed above.

1/2008