Order 2011-3-8 

Served: March 3, 2011 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation 

 on the 3rd day of March, 2011 

 Application of 

CSI Aviation Services, Inc. 

for an emergency exemption pursuant to 49 U.S.C. § 40109 

to continue to act as an indirect air carrier charter broker 

under contract to the General Services Administration 

 Docket DOT-OST-2009-0311 

 

ORDER EXTENDING EXEMPTION 

Summary 

By this order, we extend for an additional year, that is, until April 14, 2012, the exemption authority 

granted to CSI Aviation Services, Inc. (“CSI”), to engage in interstate and foreign indirect air 

transportation of persons, property, and mail pursuant to contracts arranged under the General 

Services Administration (“GSA”) Schedule Special Item Number (“SIN”) 599-5, Air Charter 

Services-Brokers. We are also extending this exemption authority to other air charter brokers listed 

on GSA Schedule SIN 599-5, and those that may be so listed during the period of this exemption.1 

Background 

By Order 2010-4-7, the Department granted for one year an exemption from 49 U.S.C. § 41101 and 

applicable Department regulations to CSI and all other similarly situated air charter brokers listed 

on GSA Schedule SIN 599-5 to engage in interstate and foreign indirect air transportation of 

persons, property, and mail pursuant to contracts with Federal government agencies arranged under 

SIN 599-5. In that order, the Department noted that should a rulemaking on this subject be 

underway but not yet final, we would favorably consider extending the exemption authority 

authorized. This rulemaking is in progress and has yet to be completed. Absent our action here, the 

exemption authority granted by Order 2010-4-7 would expire on April 14, 2011. 

On February 14, 2011, CSI submitted an Application for Renewal of Exemption with the 

Department. No objections to CSI’s application were filed. GSA did, however, advise the 

Department that it is in the public interest to grant such an extension of this exemption authority so 

CSI and other air charter brokers may continue to provide services to the Federal government 

agencies pursuant to their contracts with GSA. 

 

1 Currently, the following air charter brokers are listed on GSA Schedule SIN 599-5: (1) Air Charter Team; (2) Air 

Partner, Inc.; (3) Air Planning LLC; (4) Capital Aviation, Inc.; (5) CSI Aviation Services, Inc.; (6) Private Jet Services 

Group Inc.; (7) Sundowner Oklahoma City, LLC; and (8) Zephyr Aviation, LLC. 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
2 

Decision 

The Department has determined that the services provided by air charter brokers listed on GSA 

Schedule SIN 599-5 continue to be necessary for the acquisition of air transportation by the Federal 

Government. Accordingly, the Department finds that it is consistent with the public interest to 

extend the exemption authority granted to these brokers and all other brokers that may be so listed 

in Schedule SIN 599-5 in the future. 

In light of the above, the authority granted here shall be effective on April 14, 2011, and shall 

remain in effect for a period of one year, that is, until April 14, 2012, or until a final rule 

encompassing this authority is issued, whichever is sooner. 

ACCORDINGLY: 

1. We extend the exemption authority granted in Order 2010-4-7 from 49 U.S.C. § 41101 and 

applicable Department regulations to CSI Aviation Services, Inc., to the extent necessary for it to 

engage in interstate and foreign indirect air transportation of persons, property, and mail pursuant to 

contracts with Federal government agencies arranged under the General Services Administration 

(“GSA”) Schedule Special Item Number (“SIN”) 599-5, Air Charter Services-Brokers. 

2. We extend the exemption authority granted in Order 2010-4-7 from 49 U.S.C. § 41101 to all 

other air charter brokers listed on GSA Schedule SIN 599-5, and all those that may be so listed in 

the future to the extent necessary for them to engage in interstate and foreign indirect air 

transportation of persons, property, and mail pursuant to contracts with Federal government 

agencies arranged under the GSA Schedule SIN 599-5, Air Charter Services-Brokers. 

3. The authority granted in ordering paragraphs 1 and 2 is subject to the following conditions: 

 Air charter brokers shall contract only with direct air carriers that hold the requisite 

Departmental authority to engage in air transportation;2

 All air services arranged by air charter brokers shall be authorized in accordance with the 

Fly America Act (49 U.S.C. § 40118) by the contracting agency; 

 Before engaging in indirect air transportation to the extent permitted by this exemption, an 

air charter broker not currently listed on GSA Schedule SIN 599-5, Air Charter ServicesBrokers shall file a notice in this docket of its listing on GSA Schedule SIN 599-5; and 

 An air charter broker currently listed on GSA Schedule SIN 599-5, Air Charter ServicesBrokers, or that is listed subsequent to the issuance of this order, shall file a notice in this 

docket within 30 days after its removal from the GSA Schedule SIN 599-5, Air Charter 

Services-Brokers. 

4. The authority granted in ordering paragraphs 1 and 2 shall terminate April 14, 2012, or upon 

the issuance of a final rule encompassing this authority, whichever is sooner.3 

 

2 Brokers shall not, for example, enter into agreements with companies operating pursuant to 14 CFR Part 125 as 

these entities are prohibited from engaging in common carriage operations in air transportation, either directly or 

indirectly, through air charter brokers. 

3 Sixty days before the expiration of the exemption authority granted in ordering paragraphs 1 and 2, we will 

favorably consider an extension of this exemption authority if a rulemaking on this subject is still underway and GSA 
3 

5. We reserve the right to amend, modify, or revoke this authority at any time, in the public 

interest, without notice or hearing. 

6. We shall serve this order on the parties to the captioned docket of this order, the U.S. 

Department of State (Office of Aviation Negotiations), the Federal Aviation Administration (AFS200), and the General Services Administration. 

By: 

SUSAN L. KURLAND 

Assistant Secretary for Aviation 

and International Affairs 

An electronic version of this document is available at 

http://www.regulations.gov 

 advises the Department that such an extension of the exemption authority is necessary for the acquisition of airlift for 

the Federal government agencies.