Order 2010

- 5

- 24 Served: May 24, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 28 th day of April, 2010

Application of

ATLAS AIR, INC.

for a certificate of public convenie nce and necessity under 49 U.S.C. § 41102 to engage in foreign charter air transportation of persons, property, and mail Docket DOT

- OST

- 2009

- 0267

FINAL ORDER

By Order 20 10

- 4

- 8

, issued April 15 , 20 10

, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions that Atlas Air, Inc.

, is fit, willing, and able to provide foreign charter air transportation of persons, property, and mail

. Interested persons were given 1 0 busine ss days to file objections.

No objections to the show

- cause order were received.

ACCORDINGLY,

1. We find that Atlas Air, Inc.

, is fit, willing, and able to provide foreign charter air transportation of persons, property

, and mail, subject to cond itions.

2. We find the proposed service is consistent with the public convenience and necessity. 1

3. We direct that should Atlas Air, Inc. , wish to operate more than two passenger aircraft, it must first provide the Department with at least 45

- days’ not ice and demonstrate its fitness for such operations.

1 The award of authority to engage in foreign air transportation requires a finding under section 41102 of the Transportation Code that grant of th e authority is consistent with the public convenience and necessity. By Order

78

- 7

- 106, which instituted the Former Large Irregular Air Service Investigation , the Civil Aeronautics Board found that there was a continuing demand and need for additional cha rter air carriers. These findings remain valid and apply to the authority sought by Atlas Air, Inc.2

4. We require Atlas Air, Inc., to inform the Department in advance of any and all new agreements, or changes to existing agreements, involving the Houston Express Parties, its affiliates, and/or Sonango l E.P. 2

5

. We issue a certificate of public convenience and necessity to Atlas Air, Inc ., subject to the Terms, Conditions, and Limitations attached.

6

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

shall b ecome 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. 3

7. We direct Atlas Air, Inc

., to submit to the Air Carrier Fitness Division a first year progress report within 45 days following the end of its first year of certificated passenger opera tions. 4

8

. We will serve a copy of this O rder on the p ersons listed in Appendix A

.

By:

SUSAN L. KURLAND Assistant Secretary for Aviation

a nd International Affairs

An electronic version of this document is available on the World Wide Web at : http://www.regulations.gov

2 The Houston Express Parties include United States

- Africa Energy Association and SonAir Servico Aereo, S.A.,

S.A.R.L.

3 This order was submitted for s ection 41307 review on April 28, 2010. On May 21, 2010, we received notification from the President’s designee that he did not intend to disapprove the Department’s order. Therefore, the action taken by this order became effective on May 21, 2010.

4 The report should include a description of the air carrier’s current operations (number and type of aircraft, principal markets served, total number of full

- time and part

- time employees), a summary of how these operations have changed during the year, a discu ssion of any changes it anticipates from its current operations during its second year, a balance sheet as of the end of the company’s first full year of actual flight operations and a twelve month income statement ending that same date, and a listing of c urrent senior management and key technical personnel. The air carrier should also be prepared to meet with staff members of the Fitness Division to discuss its current and future operations.

# Certificate of Public Convenience and Necessity for

Foreign Charter Air Transportation

This Certifies That



## ATLAS AIR, INC.

is authorized, subject to the provisions of Subtitle VII of Title 49 of the United

State s Code, the orders, rules, and regulations issued thereunder, and the attached Terms, Conditions, and Limitations, to engage in foreign charter air transportation of persons, property, and mail.

This Certificate is not transferable without the approval of the Department of Transportation.

By Direction of the Secretary

Issued by Order 2010

- 5

- 24 Susan L. Kurland

On May 24, 2010 Assistant Secretary for Effective on Aviation and International Affairs

### Attachment



### Terms, Conditions, and Limitati ons

ATLAS AIR, INC.

is authorized to engage in foreign charter air transportation of persons, property, and mail:

Between any place in the United States and any place outside thereof.

This authority is subject to the following provisions:

(1) The a uthority to operate under this certificate will not become effective until six (business) days after the Department has received the following documents; provided

, however

, that the Department may stay the effectiveness of this authority at any time prior to that date:

(a) A copy of the holder's Air Carrier Certificate and Operations Specifications authorizing such operations from the Federal Aviation Administration (FAA).

(b) A certificate of insurance on OST Form 6410 evidencing liability insurance cove rage meeting the requirements of 14 CFR 205.5(b) for all of its aircraft.

(c) A statement of any changes the holder has undergone in its ownership, key personnel, operating plans, financial posture, or compliance history, since the date of the Show Cause

Order in this case.

(d) A revised list of pre

- operating expenses already paid and those remaining to be paid, as well as independent verification that the holder has available to it funds sufficient to cover any remaining pre

- operating expenses and to pro vide a working capital reserve equal to the operating costs that would be incurred in three months of operations.

(2) Pending receipt of effective authority, the holder may not accept payment of any kind (i.e., cash, check, or credit card), issue tickets for the operations proposed under this certificate, or enter into contracts with charter operators, and any advertisement by the holder must prominently state: "This service is subject to receipt of government operating authority."

(3) The holder shall a t all times conduct its operations 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 Tra nsportation may prescribe in the public interest.

(4) The holder shall at all times conduct its operations in accordance with all treaties and agreements between the United States and other countries, and the exercise of the privileges granted by2

this cer tificate is subject to compliance with such treaties and agreements and with any orders of the Department of Transportation issued under them or for the purpose of requiring compliance with them.

(5) The exercise of the authority granted here is subject t o the holder's first obtaining from the appropriate foreign governments such operating rights as may be necessary.

(6) The holder's authority under this certificate is effective only to the extent that such operations are also authorized by the Federal Av iation Administration (FAA), and comply with all U.S.
Government requirements concerning security , including, but not limited to 49 CFR Part 1544

. 

(7) The holder shall at all times remain a "Citizen of the United States " as required by

49 U.S.C. § 40102( a)(15).

(8) The holder shall maintain in effect liability insurance coverag e 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 Title 49 of the United States Code or the Department's regulations shall be sufficient grounds to revoke this certificate.

(9) Should the holder propose any substantial change in its ownership, management, or operations (as defined in 14 C

FR 204.2(l)), it must first comply with the requirements of 14 CFR 204.5.

(10) In the event that the holder does not commence actual flying operations under this certificate within one year of the date of the Department's determination of its fitness, its authority shall be revoked for dormancy, unless the holder is conducting operations under another type of certificate authority. Further, in the event that the holder commences operations for which it was found "fit, willing, and able" and subsequently c eases all such operations, its authority under all certificates held shall be suspended under the terms of 14 CFR 204.7 and the holder may neither recommence 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.

 To assure compliance with all applicable U.S. Government requ irements 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 Transporta tion Security Administration has determined that security is adequate to allow such airport(s) to be served.Attachment A

SERVICE LIST FOR ATLAS AIR INC

MR JOHN M IE TUS

LAW OFFICE OF JOHN MIETUS LLC

6701 DEMOCRACY BOULEVAR D

BETHESDA MD 20817

- 7500 MR PETER LYNCH

ASST CHIEF COUNSEL F OR

ENFORCEMENT AGC

- 300

FEDERAL AVIATION ADM INISTRATION

800 INDEPENDENCE AVE NUE SW

WASHINGTON DC 20591

MR ALLEN TAYLOR

POI FOR ATLAS AIR INC

FAA NEW YORK FSDO

- 15

900 STEWART AVENUE

GARDEN CITY NEW YORK 11530 MR WILLIAM WEBER

CERTIFICATION SECTION MANAGER

FAA AFS

- 900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

MR ADAM KOKAS

SENIOR VICE PRESIDENT AND GENERAL COUNSEL

AT LAS AIR INC

200 WESTCHESTER AVENUE

PURCHASE NEW YORK 10577

- 2543 MR CLAY MORITZ RTS

- 42

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E

- 36

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590

MR RUSSELL POMMER

ASSOCIATE GENERAL COUNSEL AND

DIRECTOR OF REGULATORY AFFAIRS

ATLAS AIR INC

1147 PENNSYLVANIA AVENUE NW

SUITE 875

WASHIN GTON DC 20006 MS ANNE SUISSA RTS

- 42

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

- 34

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590

MR BERNARD STANKUS RTS

- 42

OFFICE OF AIRLINE INFORMATION

DOT/R ITA/BTS E

- 34

1200 NEW JERSEY AVE NUE SE

WASHINGTON DC 20590 MR MALCOLM L BENGE

ZUCKETT SCOUTT & RASENBERGER LLP

888 SEVENTH STREET NW SUITE 700

WASHINGTON DC 20006