Order 2010-5-27

Served: May 25, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 25th day of May, 2010 

Application of

ATLAS AIR, INC.

for a certificate of public convenience 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

ORDER CONFIRMING ORAL ACTION, ISSUING EFFECTIVE CERTIFICATE, AND 

DISMISSING APPLICATION FOR A PENDENTE LITE EXEMPTION

Summary

By this order we (1) confirm our oral action of May 24, 2010, making the foreign charter 

certificate authority issued to Atlas Air, Inc., (“Atlas”) effective on that date, (2) reissue to Atlas

its certificate of public convenience and necessity authorizing it to engage in foreign charter air 

transportation of persons, property, and mail to reflect its effective date, and 3) dismiss as moot 

the pendente lite application filed by Atlas.

Background

By Order 2010-4-8, issued April 15, 2010, 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 10 business days to file objections. Furthermore, we stated that if 

no objections were received to the show cause order we would proceed with an order making 

final our tentative finding with respect to Atlas’ fitness and certification. No objections were 

received. Therefore, in accordance with 49 U.S.C. § 41307, on April 28, 2010, we transmitted 

the order making final the grant of foreign charter authority to Atlas for Presidential review.1 

On May 12, 2010, prior to the issuance of the final order, Atlas provided to the Department all of

the information required to make its authority effective, including financial and other updated 

 

1 Pursuant to 49 U.S.C. § 41307, issuance of foreign authority is subject to Presidential review. Unless 

disapproved by the President of the United States under 49 U.S.C. § 41307, an order submitted for Presidential 

review order shall become effective on the 61st 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.
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fitness information, a copy of OST Form 6410 evidencing liability insurance meeting the 

requirements of 14 CFR 205.5(b), and a copy of its Air Carrier Certificate and Operation 

Specifications from the FAA evidencing that it had been authorized by the FAA to engage in 

foreign charter passenger operations.

On May 21, 2010, Atlas filed an application in Docket DOT-OST-2009-0267 for an emergency 

exemption pursuant to 49 U.S.C. § 40109 and 14 CFR 302.11 to permit it to engage in foreign 

charter air transportation of persons, property, and mail, until the Department made final its 

tentative findings in Order 2010-4-8. Atlas contends that there is nothing outstanding for it to 

submit in order to finalize and make effective the requested authority and notes its presumption 

that the only impediment to it being granted the authority it seeks is the Presidential review under 

49 U.S.C § 41307.2 Furthermore, Atlas pleads for action granting its request no later than 

May 26, 2010, in order to inaugurate its proposed air service by May 31, 2010, the 

commencement date for the switch-over of the Houston Express Service.3 

On that same day, we received the required notification that the President did not intend to 

disapprove the Department’s order. Therefore, by Order 2010-5-24, served May 24, 2010, we 

made final our tentative findings that Atlas was fit, willing, and able to engage in foreign charter 

air transportation of persons, property, and mail and issued the company a certificate authorizing 

it to engage in foreign charter operations. However, the authority to operate under this certificate

was not to become effective until six (business) days after the Department had received (1) a 

copy of Atlas’s Air Carrier Certificate and Operations Specifications from the Federal Aviation 

Administration (“FAA”) authorizing it to engage in such operations, (2) a certificate of insurance 

evidencing liability insurance coverage meeting the requirements of Part 205 of our rules, (3)

updated fitness information describing any changes Atlas may have undergone subsequent to the 

Show Cause order in this proceeding,4 including evidence that the air carrier continued to have 

funding sufficient to meet our financial fitness criteria.

Based on our review of the updated fitness information provided by Atlas, we determined that 

the air carrier continued to be fit to provide foreign charter air transportation of persons, 

property, and mail, and it had complied with all of the conditions necessary to make its authority 

effective. Under these circumstances, we found it appropriate make the air carrier’s authority 

effective immediately, prior to the expiration of the six-day waiting period. Thus, on 

May 24, 2010, we orally advised Atlas that we would make its foreign charter authority effective 

on that date. 

In light of the above, we dismiss as moot the application filed by Atlas Air, Inc., in Docket 

DOT-OST-2009-0267 for a pendente lite exemption from 49 U.S.C. § 41101.

By this order we confirm our oral action of May 24, 2010, and reissue the air carrier’s certificate 

to reflect its effective date.

 

2 See Application of Atlas Air for an Emergency Exemption, at 3.

3 On May 24, 2010, the City of Houston and the Greater Houston Partnership filed an answer in support of 

Atlas’s request for an emergency exemption and World Airways, Inc., filed an answer opposing Atlas’ request for 

an emergency exemption.

4 See Order 2010-4-8, issued April 15, 2010.
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ACCORDINGLY, Acting under authority assigned by the Department in its Regulations, 

14 CFR 385.12:

1. We confirm our oral action of May 24, 2010, making the foreign charter certificate issued to 

Atlas Air, Inc., by Order 2010-5-24 effective on that date, and reissue the certificate in the 

attached form to reflect its effective date.

2. 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’ notice and demonstrate its fitness for 

such operations.

3. 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 Sonangol E.P.5

4. 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 operations.6

5. We dismiss as moot the application filed by Atlas Air, Inc., in Docket DOT-OST-2009-0267 

for a pendente lite exemption from 49 U.S.C. § 41101.

6. We will serve a copy of this order on the persons listed in Attachment A.

Persons entitled to petition the Department for review of this order, under 14 CFR 385.30, may

file their petitions within 10 days of the service date of this order.

The action confirmed in this Order was effective when taken and the filing of a petition for 

review shall not alter its effectiveness.

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

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

http://www.regulations.gov

 

5 The Houston Express Parties include United States-Africa Energy Association and SonAir Servico Aereo, S.A., 

S.A.R.L.

6 The report shall 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 discussion of any changes it anticipates from its current operations during its second 

year, current financial statements, and a listing of current senior management and key technical personnel.
Certificate of Public Convenience and Necessity for

Foreign Charter Air Transportation

(as reissued)

This Certifies That

Atlas Air, Inc.

is 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 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 2010-5-27 Todd M. Homan

On May 25, 2010 Director

Effective on May 24, 2010 Office of Aviation Analysis
Attachment

As reissued by Order 2010-5-27

Terms, Conditions, and Limitations

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 holder shall at 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 

Transportation may prescribe in the public interest.

(2) 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 by this certificate 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.

(3) 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.

(4) The holder's authority under this certificate is effective only to the extent that such 

operations are also authorized by the Federal Aviation Administration (FAA), and comply with 

all U.S. Government requirements concerning security, including, but not limited to 49 CFR Part 

1544.

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

49 U.S.C. § 40102(a)(15).

(6) 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 

 

 This certificate is being reissued to reflect its effective date.

 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.
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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.

(7) Should the holder propose any substantial change in its ownership, management, or 

operations (as defined in 14 CFR 204.2(l)), it must first comply with the requirements of 

14 CFR 204.5.

(8) In the event that the holder commences but subsequently 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 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.
Attachment A

SERVICE LIST FOR ATLAS AIR, INC.

MR JOHN MIETUS

LAW OFFICE OF JOHN MIETUS LLC

6701 DEMOCRACY BOULEVARD

BETHESDA MD 20817-7500 

MR PETER LYNCH

ASST CHIEF COUNSEL FOR 

ENFORCEMENT AGC-300

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVENUE 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

ATLAS 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

WASHINGTON 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/RITA/BTS E-34

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590

MR MALCOLM L BENGE

ZUCKETT SCOUTT & RASENBERGER LLP

888 SEVENTH STREET NW SUITE 700

WASHINGTON DC 20006