UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 4, 2011

NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2009-0077 DOT-OST-2009-0099

 DOT-OST-2009-0090 DOT-OST-2009-0100 _____________________________________________________________________________________________________________________

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).

Docket DOT-OST-2009-0077

Application of ATLAS AIR, INC. filed 3/10/11 for:

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

Scheduled foreign air transportation of property and mail between the United States and 

Afghanistan, including authority to operate via intermediate points to Afghanistan and beyond.

Docket DOT-OST-2009-0090

Application of EVERGREEN INTERNATIONAL AIRLINES, INC. filed 3/18/11 for:

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

Scheduled foreign air transportation of property and mail between the United States and 

Afghanistan, including authority to operate via intermediate points to Afghanistan and beyond.

Docket DOT-OST-2009-0099

Application of SOUTHERN AIR, INC. filed 2/17/11 for:

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

Scheduled foreign air transportation of property and mail between the United States and 

Afghanistan, including authority to operate via intermediate points to Afghanistan and beyond.

DOT-OST-2009-0100

Application of KALITTA AIR, LLC filed 3/25/11 for:

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

Scheduled foreign air transportation of property and mail between the United States and 

Afghanistan, including authority to operate via intermediate points to Afghanistan and beyond.
Applicant reps: Russell E. Pommer (202) 822-9121 (Atlas)

Edward W. Sauer (202) 626-6641 (Evergreen)

Aaron A. Goerlich (202) 776-3970 (Southern)

Mark W. Atwood (202) 202) 463-2513 (Kalitta)

DOT Analyst: Robert J. Finamore (202) 366-2405

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above actions were effective when taken: May 4, 2011 through May 4, 2013.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the overall state of aviation relations between the 

United States and Afghanistan.

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)

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

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 Department 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 requests in the referenced Dockets. 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
Attachment

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) 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.

 

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