Order 2010-1-10 

Served: January 14, 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 14th day of January 2010

Emergency exemption pursuant to 49 U.S.C. § 40109 

from the provisions of 49 U.S.C. § 41101 (Part 125 

Operators) DOCKET DOT-OST-2010-

0011 

ORDER GRANTING EMERGENCY EXEMPTION

Summary 

By this order, we grant carriers with authority under 14 CFR Part 125 emergency 

exemption authority from the provisions of 49 U.S.C. § 41101. This exemption will 

allow those carriers to provide assistance in the carriage of freight and people affected by 

the January 12, 2010, Haiti earthquake, and the transport into the affected areas of relief 

personnel and supplies.1 

Background 

The destruction caused to Haiti by the earthquake has been unprecedented in its scope. 

The disaster and its aftermath have imperiled thousands of people. Massive relief efforts 

are underway to move in relief personnel and supplies and to provide emergency 

transportation of people in connection with this disaster (e.g., relocate them to places 

where food, shelter, or medical assistance is available.) Air services are critical to this 

relief process, and we find that the resources of U.S. carriers holding authority under 14 

CFR Part 125 may be needed, on an immediate basis, to ensure the success of the rescue 

and relief efforts being made by the U.S. Government and by private relief agencies. 

Carriers licensed under 14 CFR Part 125 may not engage in common carriage operations 

and, therefore, absent our action here, they would not be available to satisfy this 

emergency need. 

 

1

 A separate order granting an emergency exemption has been issued to air charter brokers that do not 

have the appropriate economic authority as indirect air carriers to permit them to act as a principal in their 

contracts with the United States Government to arrange air transportation services for the purpose of 

carrying freight and people to support relief efforts necessitated in the aftermath of the earthquake in Haiti. 
2

Decision 

In light of the situation in Haiti, we recognize that there is an immediate need for airlift to 

carry freight and people on a massive scale to support rescue and relief efforts 

necessitated in the aftermath of Haiti earthquake. In further recognition that air carriers 

certificated under 49 U.S.C. § 41101 may not be able to meet fully emergency air 

transportation needs in a timely fashion, we find it is in the public interest to grant an 

emergency exemption under 49 U.S.C. § 40109 from the provisions of 49 U.S.C. § 41101 

and the Department’s regulations to carriers with authority under 14 CFR Part 125 from 

the Federal Aviation Administration to the extent necessary for those carriers to operate 

emergency flights in air transportation so that they can fully support the Haiti earthquake 

relief efforts.2 

The authority shall be effective immediately and will be effective for a period of 30 days 

from the issue date of this order. We will evaluate the continuing need for this authority, 

and will, if warranted, extend it at a later date. We will require that each carrier 

providing air transportation under this order notify the Office of Aviation Analysis of 

each contract into which it has entered and all flights performed.3

ACCORDINGLY: 

1. We grant an emergency exemption under 49 U.S.C. § 40109 from the provisions 

of 49 U.S.C. § 41101 and the Department’s regulations to carriers with authority under 

14 CFR Part 125 to the extent necessary for them to assist persons from the areas affected 

by the Haiti earthquake, and for the carriage of personnel and relief supplies in support of 

the relief effort to address the aftermath of the earthquake, subject to the security 

condition discussed in footnote 3. 

2. The authority granted in ordering paragraph 1 is effective immediately, and will 

remain in effect for a period of 30 days from the issue date of this order. 

3. We require that each Part 125 carrier providing air transportation pursuant to this 

order shall notify the Office of Aviation Analysis of any contracts into which it has 

entered and all flights performed. 

4. All services being provided for compensation or hire under the authority granted 

in this order shall be provided on reasonable terms. 

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

the public interest, without notice or hearing. 

 

2

 Similar authority was granted in the aftermath of Hurricane Katrina that occurred during 2005. Order 

2005-9-2, issued September 7, 2005. 

3

 Where time does not permit it, this notification need not be provided before the flight operates. In 

addition, in conducting operations under this authority, a Part 125 carrier must comply with all applicable 

requirements concerning security. 
3

By: 

 

SUSAN L. KURLAND 

Assistant Secretary for Aviation 

and International Affairs 

An electronic version of this document is available at 

www.regulations.gov