UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY
WASHINGTON, DC

Issued by the Department of Transportation on March 21, 2013

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2013-0059

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 ATLAS AIR, INC (ATLAS) filed 3/21/13 for:

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

Scheduled foreign air transportation of property a nd mail, between the United States and the People’s Republic of China, including authority to op erate via intermediate points and beyond.

Applicant rep: Russell E. Pommer (202) 822-9121

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Granted (subject to conditions and remarks, see below)

The above action was effective when taken: March 21, 2013 , through March 21, 2015

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Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the Air Transport Agreement, as amended, between the United States and the People’s Republic of China.

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

indicated: XX Holder’s certificates of public convenience and necessity XX Standard exemption conditions (attached)

__________________________________________________________________________________________ Remarks: The Department is acting on Atlas’ application prior to the expiration of the 15-day answer period with the consent of all parties served

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___________________________________________________________________________________ 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 regula tions, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authorit y was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory ac tion under the Energy Policy an d Conservation Act of 1975. To the extent not granted, we denied all requests in th e 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 th e action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file thei r 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 th is 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 authori zed, the U.S. carrier applicant(s) shall:

(1) Hold at all times effec tive operating authority from th e government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled operati ons, if authorized);

(3) Comply with the requirements fo r 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 othe rwise 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 Aviati on Administration, the Transportation Security Admi nistration, and with all app licable U.S. Government requirements concerning security, includi ng, 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 th e Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served;

(7) Comply with such other reasonable te rms, conditions, and limitations required by the public interest as may be prescribed by th e Department of Transportation, with all applicable orders and regulations of othe r U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective onl y during the period when the holder is in compliance with the conditions imposed above.

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