UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on March 5 , 20 10

NO TICE OF ACTION TAKEN

– DOCKET DOT

- OST

- 2002

- 12503

________ _____________________________________________________________________________ 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).

App lication of ATLAS AIR, INC. (A TLAS ) filed 3/1 / 10 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 a point or points in the United States and a point or points in Ecuador

.

Applicant rep: Russell E. Pommer (202) 822

- 9121 DOT Analyst: Brett D. Kruger (202) 366

- 8025

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

XX Granted sua sponte w aiver of advance filing requirement under Part 377 1

The above action was effective when taken: March 5 , 20 10

, through Ma rch 5 , 20 1 2

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the U.S.

- Ecuador A ir T ransport A greement of 1986

.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX Holder’s certificates of public conven ience and necessity

XX

__________________________________________________________________________ ___________ Standard exemption conditions (attached)

Remarks: We acted on this application without awaiting expiration of the 15

- day answer period with the consent of all parties served with the application.

_______________ ______________________________________________________________________ On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant qu alified 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

pu blic 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

1 Atlas’ s renewal application was not timely filed under the terms of 14 CFR 377.10(c). In the circumstances presented, including the absence of opposition to Atlas’ s application, we will grant the carrier a waiver of the advance filing requirement.requests in the referenced Docket. We may amend, modi fy, 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 th eir 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

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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 Depart ment, 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 ap plicable 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 ma y 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