UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on December 5, 2014

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2014-0205 _____________________________________________________________________________________________________________________

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 ABX AIR, Inc. (ABX) filed 11/24/14 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 on a codeshare only basis between Miami, 

Florida, and Mexico City, Mexico; and beyond Mexico City to San Jose, Costa Rica; Santiago, Chile; 

and Buenos Aires, Argentina.

1 2

Applicant reps: Robert P. Silverberg (202) 944-3300

 

DOT Analyst: Darren Jaffe (202) 366-2512

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: December 5, 2014, through December 5, 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 

Mexico.

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) 

Remarks: We acted on the application without awaiting expiration of the 15-day answer period with the 

consent of all parties served. 

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. Consistent with our standard policy, the dormancy 

notice period will start on the date in which the applicant commences the subject services.3 

 1 ABX submitted its exemption application in conjunction with a joint code-share application with Aerovias de Mexico, 

S.A. de C.V. (Aeromexico) in Docket DOT-OST-2014-0204. We are acting concurrently on that request. 2 ABX also requests that we designate it for code-share only scheduled all-cargo service between Miami, Florida, and 

Mexico, City, Mexico and to points beyond Mexico City. We will handle this designation request separately through 

normal diplomatic channels. 3

ABX states that it will use this authority to support a bid that it has submitted to the United States Postal Service for a 

contract to transport mail, beginning in early 2015. ABX states that it will advise the Department in writing when the 

code-share services begin. In this regard, ABX requests that the normally applied U.S.-Mexico dormancy conditions 

begin when ABX advises the Department that the code-share services have commenced. In the circumstances 

presented, including the fact that no party opposed the request, we have decided to grant that request.
The exemption authority granted to ABX is limited to services provided on a code-share basis only.

_____________________________________________________________________________________

On the basis of data officially noticeable under Rule 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 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 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
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.

 

1/2008