UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

Issued by the Department of Transportation 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 will 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 and 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 authority 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 subject to the condition that such operations are 

consistent with the applicable bilateral aviation agreements. Furthermore, (a) nothing in the award of the 

route integration authority requested should be construed 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 award U.S. air carriers to perform foreign air transportation. 

Therefore, we will dismiss this portion of the carrier’s request. 
2

Department has completed any necessary carrier selection 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, the holding of such authority by route integration will not 

be considered as providing any preference for Centurion in a competitive carrier selection proceeding to 

determine which carrier(s) should be entitled to use the authority at issue. 

The authority granted to serve intermediate and beyond points is limited to countries with which the United 

States has signed open-skies agreements and/or countries 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 regulations, 14 CFR Part 385, we found that (1) our action 

was consistent with Department policy; (2) grant of the exemption 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 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 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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