UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 18 , 2011

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2005

- 21 834

______________________________________________________________________________ ____________ ___________________________ 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 ABX Air , Inc. ( ABX ) filed 2/ 2 5 /11 for:

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

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

points in Colombia, via intermediate points

, and beyond to points in the Western Hemisphere. 1

Applicant rep : Robert P. Silverberg (202) 944

- 3300

DOT Analyst: Robert J. Finamore (202) 366

- 2405

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: March 18 , 2011 through March 18 , 2013

.

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

Colombia.

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's regulations, 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 a ction under the Energy Policy and Conservation Act of 1975.

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.

1 We are granting ABX ’s request that we r einstate its exemption author ity to provide its U.S.

- Colombia services via

intermediate points . This authority was included in our initial grant of exemption authority to ABX in this Docket

on August 9, 2005, but was inadvertently excluded from our August 9, 2007 and May 28, 2009 gra nts of ABX’s

renewal requests

.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 eff ective 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 co verage

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 t he 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 th e 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.

1/2008