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

WASHINGTON, DC

Issued by the Depart ment of Transportation on March 28 , 2013

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2007

- 26866

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

indicated (no additional confir m ing ord e r will be issued in this matter).

Application o f ATLAS AIR, INC. (Atlas) filed 3 / 12 / 13

, for:

X X Renewal of exe m ption for two y ears under 49 U.S

. C. 401 0 9 to p rovide the fo l lowing service:

Scheduled foreign air transportation of property and m a il between Miami, Florida and New York,

New York, o n the one hand, and Ca r a cas, Ven e z u ela, on the o t her hand, v i a intermedi a te points

and points beyond Caracas named in the U.S.

– V e n e z uela air transport agreement.

Applicant rep: Russell E. Po mm e r (202) 822

- 91 2 1 DOT Anal y st: Darren Jaffe (202) 366

- 2512

D I S P O S I T I O N

X X Granted (subject to conditions, see below)

The above action was effective when taken: March 28

, 20 13

, thr o u g h March 28

, 2 0 15

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

Ven e z u ela.

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: X X The holder ’ s certificate of public convenience and necessity

X X Standard exe m ption conditions (attached)

Conditions: The authori t y granted to serve intermediate and beyo n d po i nts is limited to poi n ts na med in

the U.S.

- Venezuela aviati o n agre e ment fo r which At l as holds authority to serve under certifica t es or

ex e m ptions issued by the D epar 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 ex e m ption services authorized.

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

action was c o nsistent with Department policy; (2) g ra n t of the au th ori 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

Policy and C onservation Act of 1975. To the extent not granted, we denied all requests in the referenced

Docket. We may amend, m odif y

, or r e voke the aut h ori t y granted in this Notice at any ti m e without

hearing 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 w h en taken, and t h e filing of a petition for r e view will

not alter such effectivene ss

.

An electronic version of t h i s docu ment is available on the World W i de Web at:

http://www.regulations.govATT A CH M ENT

U.S. Carrier Exemption Conditions

In the conduct of the operations authori z ed, the U.S. carrier applicant(s) shall:

(1) Hold at a ll times ef f ec t ive operating authori t y f r om the government of each count r y served;

(2) Co m p ly with applicable require me n ts concerning oversales c o ntained in 1 4 CFR 250 (for scheduled

operations, if authorized);

(3) Co m p ly with the requ i re m ents for reporting data contained in 14 CFR 2 4 1;

(4) Co m p ly with requirements for m i ni m u m insura n ce coverage, and for certif y i ng that coverage to the

Department, contained in 14 CFR 2 0 5;

(5) Except as specifically ex e m pted or otherwise prov i ded for in a D epart ment Order, co m p ly with the

require m ents of 14 CFR 203, concerning waiver of Warsaw Convention liab i li t y li m i t s and defenses;

(6) Co m p ly with all appl i cable requirements of t h e Federal Aviation Ad m inistration, the T r ansportation

Security Ad m inistration, and with all applicable U.S. Government requir e ments c oncerning securit y

, including, but not li m ited to, 49 CFR Part 1544. To assure c o m p li a nce with all applicable U.S.

Government requir e ments c oncerning securit y

, the holder shall, before c o mmen c ing any new service

(including c h arter 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 Securi t y A d ministration has

dete r m ined that security is adequate to allow such airport(s) to be served; and

(7) Co m p 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 ation, 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 authori t y granted shall be effective on l y duri n g t he period when the holder is in co m p liance with the

conditions imposed above.

1/08