UNI T ED S T ATES OF A MERI C A

DEPA R T M ENT OF TR ANSPORT A TION

OFFICE OF THE SECRETARY

WASHI N GTON, DC

Issued by the Department of Transportation o n August 15

, 2 012

NOTICE OF ACTION TAKEN

– DOCKET DOT

- OST

- 2010

- 0233

This serves a s notice to the public of the action described below, taken by the Depar t ment offic i al indicated

(no addit i onal confir m ing order will be issued in this matter).

Application o f CEN T UR I ON A IR CA RGO, INC. ( Centurion) filed 7/27 / 12 f o r:

X X Renewal of e x e m ption for two y e a rs under 49 U .S.C. 40 1 09 t o pro v ide the following se r vice:

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 poi n ts in Ecuador and beyo n d, and

(2) from Ec ua dor to any point or poi n ts, and to in t egrate this exemption authority with its existing

authority

.

Applicant rep.: John R. Mietus, Jr. (202) 747

- 5212 DOT Anal y st: Darren Jaffe (202) 366

- 2512

D I S P O S I T I O N

X X Granted, in part (subject to conditions, see below) 1

The above action was effective when taken: August 15

, 20 12

, thro u gh August 15

, 2 0 14

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

X X The authority granted is consist e nt with the aviation agreement be t we e n the United States and

Ecuador.

Except to the extent exe m pted or waived, this authori t y is subject to the ter m s, c o nditions, and li m i t ations

indicated: XX Holder’s certifica t es of public convenience and necessity

XX Standard exemp t ion conditions (attached)

Conditions: The route in t egration authori t y granted is s ubject to the condition t h at such ope r ations are

consistent with the applicable bil a teral aviation agreements. Further m ore, (a) n o thing in t h e award of the

route integra t ion aut h ori t y requested should be con s t r ued as conferring u pon C e nturion rights (includi n g

fifth

- freedom intermediate and/or b e y ond rights) to serve m arkets where U.S. c arrier entry is li m i t ed unless

Centurion fir s t notifies the Depar t ment of its intent to serve such a market and unless and until the

1 W ith re s p ect t o C e ntur i o n ’s r equ e st f o r au t h ority to co n d u c t op e rati o ns f ro m points b e hi n d t h e U n ited States, we n o te t h at s u ch

a u thority is i nh e re n t in t h e a u thority t h at we a w ar d U.S. air carriers to perform foreign air t ra n sp o rtatio n . T h eref o re, we will

d is miss t hi s p o rtion of t h e carrier’s re qu e st.Depar t ment has c o m p leted any necessary carrier selec t i on p r ocedures to dete r m ine which carr i er(s) should be

authorized to exercise such rights; and (b ) should t h ere be a request b y a n y carrier to use the l i mited

- entry

route rights t h at are included in Centur i o n ’ s authori t y b y vir t ue of t h e route inte g ration author i ty granted

here, but that are not then being used by Centurion, t he holding of s u ch authori t y by route integration will not

be considered as providing any preference for Centu r ion in a co m p etitive carrier selection proceeding to

deter m ine w h ich carrier(s) should be entitled to use the authori t y at issue.

The authori t y granted to serve int e rmediate and beyo n d po i nts is limited to countries with which the United

States has si g n ed open

- ski e s agreements and/or cou n tries for which Centurion ho l ds authori t y to s e rve under

certifica t es a n d exe m ptions issued by the Depar t ment.

On the basis of data officially noticeable under Rule 24(g) of the Depar t ment's regulations, we found the

applicant qu a lified to provide the servic e s authorized.

Under author i ty assigned by the Department in its regu l ations, 14 CFR Part 385, we found th at (1) our action

was consistent with Department polic y ; (2) grant of th e exe m ption authori t y was consistent with the public

interest; and (3) grant of th e authori t y w ould not con s titute a major regulato r y action under the Energy Poli c y

and Conservation Act of 19 75. T o the e x tent not g r anted or dis m issed, we denied all requests in the

referenced Docket. We may a mend, modi f y

, or rev o ke the author i ty granted in t h is Notice at any ti m e without

hear i ng at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the

Depar t ment’s regulations, 14 CFR §385.30, m ay file t h eir petitions wit h in seven (7) d a y s after the date of

issuance of this Notice. This action was effective when taken, and t h e filing of a petition for r e view will not

alter such ef f ectiveness.

An electronic version of this document is available on the World W i de Web at:

h tt

p ://www.reg u l a tio n s.g o v



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### U.S. Carrier Exemption Conditions

In the conduct of the operations author i zed, the U.S. carrier applicant(s) shall: AT T AC H MENT

(1) Hold at all ti m es effecti v e operating authority from the gover nm ent of each country served;

(2) Co mply with applicable require m ents c oncerning oversales contained in 14 CFR 250 (for

scheduled operations, if authorized);

(3) Co mply with the require m ents for reporting data contained in 14 CFR 241;

(4) Co mply with req u ir e m ents f or m i ni m u m ins u rance coverage, and for certifying that coverage

to the Depart m ent, contained in 14 C FR 205;

(5) Exce p t as specifically exe m pted or otherwi s e provided f or in a Depart m ent Order, co mply

with the require m ents of 14 CFR 203, concerning waiver of W arsaw Convention li a bility li m its

and defenses;

(6) Co mply with all ap p lica b le r equire m ents of the Feder a l Aviation Ad m i nistration, the

Transportation Security Ad m i nis t ration, and with all a p plicable U.S. Govern m ent require m ents

concerning security, including, but not li m ited to, 49 CFR P a rt 1544. To assure co m pliance with

all applicable U.S. Gov e rn m ent require m ents c o ncerning security, the holder shall, before

commencing any new service (including charter flights) to or from a foreign airport, contact its

Princi p al S e curity Insp e ctor (PS I ) to advise t h e P SI of its plans and to find out whether the

Transportation Security Ad m i nistration has det er m ined that security is a d equate to allow such

airport(s) to be served;

(7) Co mp ly with such other reasonable te r m s, con d itions, and li m itations required b y t h e p u bl i c

interest as may be pr e scribed by t h e Department of Transpor t at i on, with all applicable o r ders

and regulations of other U.S. a g encies and courts, and with a ll applicable laws of the United

States.

The authority granted shall be effective only during the period w h en the holder is in co mpliance

with the conditions i m posed above.

1/2008