UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 19, 2013

NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2009-0077 DOT-OST-2009-0099 

 DOT-OST-2009-0090 DOT-OST-2009-0100

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).

Docket DOT-OST-2009-0077

Application of ATLAS AIR, INC. filed 2/19/13 for:

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of property and mail between the United States and

Afghanistan, including authority to operate, via intermediate points, to Afghanistan and beyond.

Docket DOT-OST-2009-0099

Application of SOUTHERN AIR INC., filed 3/1/13 for:

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of property and mail between the United States and

Afghanistan, including authority to operate, via intermediate points, to Afghanistan and beyond.

Docket DOT-OST-2009-0090

Application of EVERGREEN INTERNATIONAL AIRLINES, INC. filed 2/25/13 for:

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of property and mail between the United States and

Afghanistan, including authority to operate, via intermediate points, to Afghanistan and beyond.

Docket DOT-OST-2009-0100

Application of KALITTA AIR, LLC. filed 3/1/13 for:

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of property and mail between the United States and

Afghanistan, including authority to operate, via intermediate points, to Afghanistan and beyond.

Applicant reps: Russell E. Pommer (202) 822-9121 (Atlas); 

Aaron A. Goerlich (202 776-3970 (Southern);

Edward W. Sauer (202) 626-6641 (Evergreen);

Mark W. Atwood (202) 463-2513 (Kalitta);

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 actions were effective when taken: March 19, 2013 through March 19, 2015

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the overall state of aviation relations between the

United States and Afghanistan.

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)

On the basis of data officially noticeable under Rule 24(g) of the Department'sregulations, we found the applicants 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 Dockets. 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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