Order 2010
- 5
-27 Served: May

25, 2010

U N I T E DS T A TE S O F A M E R I C A D E P A R T M E N T OF T R

A N S P O R T A T I O N UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued b y the Department of Transportation on the 25 th day of May, 20 10 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 -200 9 -0 267

ORDER CONFIRMING ORA L 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 , 20 10 , 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 e ffective, 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 61 st day after its submission for section 41307 review or upon the date of receipt o f 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 sec tion, whichever occurs earlier.2

fitness information, a copy o f 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 3 1, 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 20 10
- 5
-24 , served May 24 , 20 10 , 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 c ertificate 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 o f 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 , 20 10 , we orally

advised Atlas that we would make its foreign charter authority e ffective 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 , 20 10 , 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

2 4, 2010, the City of Houston and the Greater Houston Partnership filed an answer in support of Atlas’s request for an emergency exem ption and World Airways, Inc., filed an answer opposing Atlas’ request for an emergency exem

ption. 4 See Order 2010

-4
- 8, issued April 15, 2010.3

AC CORDINGLY, Acting under authority assigned by the Department in its Regulations, 14 CFR 385.12: 1. We confirm our oral action of May 24 , 20 10 , making the foreign charter certificate issued to Atlas Air, Inc. , by

Order 20 10
- 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 C arrier Fitness Division a first

-ye ar 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
-20 09
- 0267 for a pendente lite exemption from 49 U.S.C. § 41101
. 6
. We will serve a cop y 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 W ide 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 (num ber and ty

pe of aircraft, principal markets served, total number of full

-time and part-time em ployees), 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.
i s 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 20 10

- 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 o r 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 U nited 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. F

ailure 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.2

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 MIETU S LAW OFFICE OF JOHN MIETUS LLC 6701 DEMOCRACY BOULEVARD BETHESDA MD 20817
- 7500 MR PETER LYNCH ASST CHIEF COUNSEL F OR ENFORCEMENT AGC
- 300 FEDERAL AVIATION ADM INISTRATION 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 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 AT LAS 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