UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Tran sportation on September 29, 2010

NOTICE OF ACTION TAKEN – DOCKET DOT-OST-2010-0233
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 CENTURION AIR CARGO, INC. (Centurion) filed 9/15/10 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 (1) from points behind the United States, via the United States and intermediate points, to a point or points in Ecuador and beyond, and (2) from Ecuador to any point or points, and to integrate this exemption authority with its existing authority. 1 2

Applicant rep.: William C. Evans (410) 827-5074 DOT Analyst: Thuy H. Cooper (202) 366-5423

D I S P O S I T I O N

XX Granted, in part (subject to conditions, see below) 3

The above action was effective when taken: September 29, 2010 , through September 29, 2012

.

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

Ecuador.

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)

______________________________________________________________________________________ Conditions: The route integration authority granted is s ubject to the condition that such operations are consistent with the applicable bila teral aviation agreements. Furthermore, (a) nothing in the award of the route integration authority requested should be cons trued as conferring upon Centurion rights (including fifth-freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless Centurion first notifies the Department of its intent to serve such a market and unless and until the

1 Centurion currently holds economic authority to provide scheduled all-cargo service between Miami, Florida, and the coterminal points Guayaquil and Quito, Ecuador, via Cali, Colombia ( see Notice of Action Taken dated September 24, 2009 in Docket DOT-OST-2002-12503).

2 Centurion also requests authority to engage in foreign charter air transportation. We note that Centurion already holds certificate authority that allows it to provide foreign charter air transportation ( see Order 2001-12-12). We will therefore dismiss this portion of the carrier’s request.

3 With respect to Centurion’s request for authority to conduct operations from points behind the United States, we note that such authority is inherent in the authority that we aw ard U.S. air carriers to perform foreign air transportation. Therefore, we will dismiss this po rtion of the carrier’s request.

### 2 Department has completed any necessary carrier selecti on procedures to determine which carrier(s) should be authorized to exercise such rights; and (b) should there be a request by any carrier to use the limited-entry route rights that are included in Centurion’s authority by virtue of the route integration authority granted here, but that are not then being used by Centurion, th e holding of such authority by route integration will not be considered as providing any preference for Centur ion in a competitive carrier selection proceeding to determine which carrier(s) should be en titled to use the authority at issue.

The authority granted to serve inte rmediate and beyond points is limited to countries with which the United States has signed open-skies agreements and/or coun tries for which Spirit holds authority to serve under certificates and exemptions issued by the Department.

Remarks: We acted on this application prior to the expiration of the answer period with the consent of all parties

served.

_______________________________________________________________________________________ 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 regul ations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of th e exemption authority was consistent with the public interest; and (3) grant of the authority would not cons titute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not gr anted or dismissed, 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 with in 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 authori zed, the U.S. carrier applicant(s) shall:

(1) Hold at all times effectiv e operating authority from the govern ment of each country served;

(2) Comply with applicable requirements c oncerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with the requirements fo r reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insu rance coverage, and for certifying that coverage to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwis e 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 requirement s of the Federal Aviati on Administration, the Transportation Security Administ ration, and with all ap plicable 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 co ncerning security, the holder shall, before commencing any new service (includi ng charter flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to advise th e PSI of its plans and to find out whether the Transportation Security Administra tion has determined that security is adequate to allow such airport(s) to be served;

(7) Comply with such other reasonable terms, cond itions, and limitations required by the public interest as may be prescribed by the Department of Transportati on, with all applicable or ders and regulations of other U.S. agencies and courts, and with a ll applicable laws of the United States.



### The authority granted shall be e ffective only during the period wh en the holder is in compliance with the conditions imposed above.

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