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 or der 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 rep s : 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.

Conditi ons : 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 dorm ancy notice period will start on the date in which the applicant commence s 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 U nited 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 reques ts 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 ba sis of data officially noticeable under Rule 24(g) of the Department's regu lations, 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 197 5. 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

sched uled 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 assur e 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 PS I 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 pub lic 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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