Order 2014

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- 16

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation

on the 20th of August

, 20 14

Served: October 21 , 2014

D ocket DOT

- OST

- 2014

- 0115

ORDER ISSUING CERTIFICATE

Summary

By this order we renew Polar Air Cargo Worldwide, Inc.’s (Polar ) certificate authority to provide scheduled

foreign air transportation of property and mail between a ny point or points in the United States, via any

intermediate point s , to a point or points in Ch ina open to scheduled international operations, and beyond to any

points outside of China, with full traffic rights

.

Application

By application filed on July 1, 2014

, Polar request ed renewal of a certificate of public convenience and

necessity for Route 820 , authorizing Polar to provide scheduled foreign air transportation of property and mail

between a ny point or points in the United States, via any intermediate point s , to a point or points in Ch ina open

to scheduled international operations, and beyond to any points outside of China, with full traffic rights

. 1 Polar

requests a certificate term of at least five additional years. Because the public convenience and necessity bas is

1 By Order 2007

- 6

- 17, the Department issued Polar’s Certificate for Route 820. That authority has been kept in force pursuant to the

provisions of the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14 CFR Part 377, pending action on Polar’s

timely

- filed renewal application dated July 16, 2009, in Docket DOT

- OST

- 2004

- 18468 . Polar’s application in the present docket and

our action here on that application, effectively supersede its 2009 application and render it moot. Therefore, we will dismi ss Polar’s

2009 application in Docket DOT

- OST

- 2004

- 18468, with such dismissal becoming effec tive on the effective date of this order.

Application of

POLAR AIR CARGO WORL DWIDE, INC.

for renewal of a certificate of public convenience

and necessity u nder 49 U.S.C. § 41102 (U.S.

-

China All

- Cargo Service)for granting this application is clear, and the application is not controversial, it is appropriate to use simplified,

Subpart B procedure s to grant the requested authority. 2

No answers were filed.

Decision

We have decided, under assigned authority

, to grant Polar’s request for a renewed five

- year certificate of public

convenience and necessity for Route 820 authorizing scheduled foreign air transportation of property and mail

between a ny point or points in the United States , via any intermediate points, to a point or points in China open

to scheduled international operations, and beyond to any points outside of China, with full traffic rights

. 3 The

authority sought by the applicant is consistent with the civil aviation agreement between the United States and

China and uses rights for which the United States has exchanged valuable operating rights.

Terms, Conditions , and Limitations

The certificate of public convenience and necessity is subject to the standard terms, conditions, and limitations

we consistently impose in the public interest. Duration of certificate authority is determined by the nature of the

routes at issue. Where routes may be served by multiple U.S. carriers, without restrictions on additional

entrants, the certificates are of indefinite duration. Where , as here, limited

- entry routes are involved, we issue

temporary, experimental certificates of five years’ duration under 49 U.S.C. § 41102(c). 4

Findings and Conclusions

In view of the foregoi ng and all facts of record, we f ind and conclude that:

1. It is consistent with the public convenience and necessity to issue the applicant a certificate i n the form

attached;

2. T he applicant is a citizen of the United States and is fit, willing, and able to perform properly the foreign

air transportation described in the attached certificate and to conform to the provisions of Subtitle VII of

Title 49, Uni ted States Code (Transportation), and to the Department’s rules, regulations, and

requirements;

3. The public interest requires that the exercise of the privileges granted by the attached certificate be subject

to the terms, conditions, and limitations cont ained in and attached to the certificate and to such others

required by the public interest as the Department may prescribe;

4. The issuance of this certificate does not constitute a major regulatory action under the Energy, Policy and

Conservation Act of 1 975, as defined by section 313.4(a)(1) of the Department’s regulations; 5 and

2 14 CFR 302.212 et seq . Under Rule 33(b) we may, in our discretion, omit a tentative decision in proceedings under Subpart B and

proceed directly to a final decision.

3 We find that grant of this authority is consistent with the public interest and, based on officially noticeable data, we find that Polar is

fit to conduct the scheduled foreign air transportation for which it seeks authority here ( s ee Order 2010

- 12

- 24 ). Polar is an operating

certificated ai r carrier, for which the authority at issue here would not constitute a substantial change in operations requiring further

review by the Department. No information has come to our attention which leads us to question the fitness of Polar to perform the

au thority it seeks.

4 14 CFR Part 399.120.

5 Our finding is based on the fact that grant of the application would not result in a near

- term increase in annual fuel consumption in

excess of 10 million gallons.5. The public interest does not require an oral evidentiary hearing or a show

- cause proceeding on this

application. T here are no material, determinative issues of fact requiring such procedures for their

resolution.

ACCORDINGLY,

1. We renew and re issue in the form attached, a certificate of public convenience and necessity to Polar Air

Cargo Worldwide, Inc. to provide scheduled foreign air transportation of property and mail between a ny

point or points in the United States, via any intermediate point s , to a point or points in Ch ina open to

scheduled international operations, and beyond to any points outside of China, wi th full traffic rights ;

2. We dismiss as moot Polar Air Cargo Worldwide, Inc.’s application for renewal of a certificate of public

convenience and necessity for Route 820, dated July 16

, 2009 in Docket DOT

- OST

- 2004

- 18468;

3. Unless disapproved by the President of the United States under 49 U.S.C. § 41307, this order shall become

effective on the 61 st day after its submission for section 41307 review or upon the date of receipt of advice

from the President or his designee under Executive Order 12597 and implementing regulations that he or

she does not intend to disapprove the Department’s order under that section, whichever occurs earlier; and 6

4. To the extent not granted, explicitly denied, or dismissed, we deny all motions and requests in this docket;

5. We will serve a copy of this order on Polar Air Cargo Worldwide, Inc.

, the Embassy of China in

Washington, D.C.

, the U.S. Department of State (Office of Aviation Negotiations)

, and the Federal Aviation

Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

6 This order was submitted for review under 49 USC Section 41307 on August 20 , 2014 . The 61 st day is October 20

, 20 1 4 . Since the

President’s designee did not disapprove this Order before that date it became effective on October 20 , 20 1 4

.Appendix A



# Experimental

Certificate of Public

Convenience and Necessity

for

ROUTE 820

(as reissued )

This Certifies That



# POLAR AIR CARGO WORLDWIDE, INC.

i s authorized, subject to the provisions of Subtitle VII of Title 49 of United States

Code, the orders, rules, and regulations issued thereunder, and the attached Terms,

Conditions, and Limitations, to engage in foreign air transportation of property and

mail.

This certificate is not transferrable without the approval of the Department of

Transportation.

By Direction of the Secretary

Issued by Order 2014

- 10

- 16 Paul L. Gretch

On August 20

, 20 14 Director, Office of

Effective on October 20 , 20 14 International Aviation*As renewed by

Order 2014

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Route 820

Page 1 of 2

Terms, Conditions, and Limitations

Polar Air Cargo Worldwide, Inc.

for Route 820

is authorized to provide scheduled foreign air transportation of property and mail between a ny point or points in

the United States, via any intermediate poin t s , to a point or points in China open to scheduled international

operations, and beyond to any points outside of China, with full traffic rights.

This authority is subject to the following conditions :

(1) The holder shall at all times conduct its operatio ns in accordance with the regulations prescribed

by the Department of Transportation for the services authorized by this certificate, and with such other reasonable

terms, conditions, and limitations as the Department of Transportation may prescribe in the public interest.

(2) The holder is not authorized to carry passengers (other than cargo attendants accompanying

freight shipments)

.

(3) The holder shall at all times conduct its operations in accordance with all treaties and

between the United States and other countries, and the exercise of the privileges granted by this certificate is

subject to compliance with such treaties and agreements and with any orders of the Department of Transportation

issued under them. To the extent that the holder has authori ty to serve more than one country or points in more

than one country on the same route segment, that authority does not confer upon the holder any additional rights

(including fifth

- freedom intermediate and/or beyond rights) in limited

- entry markets unless the Department has

completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to

exercise such rights. In such cases, the fact that the carrier may hold authority to serve the countries (points) at

issue on th e same segment will not be considered as providing any preference to the holder in a carrier selection

proceeding.

(4) The authority granted to serve intermediate and beyond points on this certificate is limited to

c ountries with which the United States has signed open

- skies agreements and/or countries for which the carrier

holds authority to serve under certificates or exemptions issued by the Department, and for which it holds route

integration authority under this certificate or by virtue of some other ac tion of the Department.

(5) The exercise of the authority granted here is subject to the holder’s first obtaining from the

appropriate foreign governments such operating rights as may be necessary.

(6) The holder acknowledges that this certificate is granted to determine if the holder’s projected

services, efficiencies, methods, rates, fares, charges, and other projected results will, in fact, materialize and

remain for a sustained period of time, and t o determine whether the holder will provide the innovative and low

priced air transportation it proposed in its application for this authority.*As renewed by

Order 2014

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Route 820

Page 2 of 2

(7) The holder’s authority is effective only to the extent that such operations comply with all

applicable requirements of the Federal Aviation Administration , the Transportation Security Administration, and

with all applicable U.S. Government requirements concerning secu rity, i ncluding, 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.

(8) The holder shall at all times remain a “Citizen of the United States,” as required by 49 U.S.C.

40102(a ) ( 15).

(9 ) The holder shall maintain in effect liability insurance coverage as required under 14 CFR Part 205.

Failure to maintain such insurance coverage will render a certificate ineffective, and this or other failure to

comply with the provisions of Subtitle VII of 49 U.S.C. or the Department’s regulations shall be sufficient

grounds to revoke this certificate.

( 10 ) Should the holder propose any substantial changes in its ownership, management, or operations (as that

ter m is defined in 14 CFR 204 of the Department’s regulations) , it must first comply with the requirements of 14

CFR 204.5.

( 11 ) In the event the holder ceases all operations for which it was found “fit , willing, and able,” its authority

under this certificate shall be suspended under the terms of 14 CFR 204.7 and the holder may neither re commence

nor advertise such operations unless its fitness to do so has been redetermined by the Department. Moreover , if

the holder does not resume operations within one year of its cessation, its authority shall be revoked for

dormancy.

This certificate shall become effective October 20 , 20 1 4 . It shall expire October 20

, 201 9 , unless the Department

earlier suspend s

, modifies, or deletes the authority

.