UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

Issued by the Department of Transportation on July 21, 2010 

 

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0157 

This document serves as notice to the public of the action described below, by the Department official 

indicated (no additional confirming order will be issued in this matter). 

Application of SOUTHERN AIR, INC. (Southern) filed 6/17/10 for:

XX Exemption authority pursuant to 49 U.S.C. 40109 to provide the following services: 

Scheduled foreign air transportation of property and mail between a point or points in the United 

States, on the one hand, and a point or points in the People’s Republic of China, on the other hand, 

via intermediate points, and beyond China.

XX Certificate under 49 U.S.C. 41101 to provide the following service:

Scheduled foreign air transportation of property and mail between a point or points in the United 

States, on the one hand, and a point or points in the People’s Republic of China, on the other hand, 

via intermediate points, and beyond China.

Applicant Rep: Aaron A. Goerlich (202) 776-3974 DOT Analyst: Thuy H. Cooper (202) 366-5423

DISPOSITION 

XX Granted request for exemption authority (subject to conditions) 

XX Deferred action on request for certificate authority1

The above action granting exemption authority was effective when taken: July 21, 2010, through 

July 21, 2012.

2

The above action deferring action on the request for certificate authority was effective when taken: 

June 21, 2010

Action taken by: Paul L. Gretch, Director 

 Office of International Aviation 

XX The authority granted is consistent with the Air Transport Agreement, as amended, between 

the United States and the People’s Republic of China. 

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

indicated: XX Holder’s certificates of public convenience and necessity 

 XX Standard exemption conditions (attached) 

 

1

 We will address Southern’s request for certificate authority separately. 2

 We note that frequency and designation limitations will no longer be applicable to U.S.-China scheduled all-cargo 

operations effective March 25, 2011. Southern may not commence its proposed scheduled U.S.-China all-cargo 

service until these limitations are removed. 
______________________________________________________________________________________________________________________ 

On the basis of data officially noticeable under Rule 24(g) of the Department’s regulations, we found the 

applicant qualified 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 application was consistent with the public 

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 deferred, we denied all requests in the 

referenced Docket. We may amend, modify, 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 their 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
Attachment 

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 Department, 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 applicable 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 may 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