Order 2010-1-9 

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 (indirect air 

transportation) DOCKET DOT-OST-2010-

0010 

ORDER GRANTING EMERGENCY EXEMPTION 

Summary 

By this order, we grant an exemption from 49 U.S.C. § 41101 and applicable Department 

regulations to the extent necessary to permit, on behalf of U.S. Government charterers 

engaged in Haiti earthquake rescue and relief operations, indirect air transportation by GSAapproved entities, including those currently approved under General Services 

Administration (GSA) Special Item Number (SIN) 599-5, Air Charter Services-Brokers 

(hereinafter the “Broker Schedule”).1

Background 

On January 12, 2010, an earthquake measuring approximately 7.0 on the Richter Scale 

occurred along a fault line several miles from the Haitian capital of Port-au-Prince. The 

earthquake was the strongest to hit the Caribbean in more than 100 years. It has wrought 

untold devastation and suffering. In its aftermath, a humanitarian crisis has emerged in 

which hundreds of thousands of people are without basic life sustaining services. Massive 

rescue and relief efforts are underway to mitigate the crisis. Those efforts include the 

transportation by air of U.S. Government personnel and material, including food, water, 

reconstruction equipment, and medical supplies and personnel. Time is of the essence with 

regard to these services. 

 

1 A separate order granting an emergency exemption from 49 U.S.C. § 41101 has been issued to carriers 

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

the earthquake in Haiti and for the carriage of personnel and relief supplies in support of the relief effort. 
2

Decision 

The Department finds that the services of air charter brokers approved by GSA, including 

those listed on the Broker Schedule, none of which currently hold economic authority from 

the Department to engage directly or indirectly in air transportation, may be needed on an 

immediate basis to expedite the earthquake rescue and relief efforts of the U.S. Government. 

In order to perform these services, which are in the public interest under these 

circumstances, those air charter brokers must be able to enter, as principals, into contracts 

with direct air carriers2 for air transportation and then re-sell the same air transportation via 

separate contracts between them and U.S. Government agency charterers. Absent our action 

here, such conduct would cause them to be unauthorized indirect air carriers in violation of 

the Department’s aviation economic authority requirement, 49 U.S.C. § 41101.3 

The authority granted here is effective immediately and shall be effective for a period of 30 

days from the issuance date of this order. We will evaluate the continuing need for this 

authority and, if warranted, extend it at a later date. 

Considering the exigent circumstances bearing on our decision, the issuance of this order 

should not be construed as indicative of any position by the Department in the matter of the 

Application of CSI Aviation Services, Inc., for an Emergency Exemption (Docket DOTOST-2009-0311), which application deals with some similar issues. 

ACCORDINGLY: 

1. We grant an emergency exemption under 49 U.S.C. § 40109 from 49 U.S.C. § 41101 

and applicable Department regulations to the extent necessary to permit, on behalf of U.S. 

Government charterers engaged in Haiti earthquake rescue and relief operations, indirect air 

transportation by GSA-approved entities, including entities currently approved under 

General Services Administration (GSA) Special Item Number (SIN) 599-5, Air Charter 

Services-Brokers; 

2. The authority granted in ordering paragraph 1 is effective immediately and shall be 

effective for a period of 30 days from the issue date of this order; and 

 

2 A direct air carrier is a certificated or foreign air carrier that directly engages in the operation of aircraft 

under a certificate, permit, or exemption issued by the Department. 

3 We note that air charter brokers seeking to link non-U.S. Government charterers to direct air carriers do 

not need the exemption authority contained here. Instead, they may already do so provided that they are acting 

as an authorized agent of a charterer or direct air carrier. Notice on the Role of Air Charter Brokers in 

Arranging Air Transportation, 69 Fed. Reg. 61429, Oct. 18, 2004, erratum published 69 Fed. Reg. 62321, Oct. 

25, 2004. By contrast, it is our understanding that air charter brokers, under current procurement rules, may 

not act as an agent of the U.S-Government for purposes of procuring air transportation for U.S. Government 

charterers, thereby necessitating this exemption. 
3

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

interest, without notice or hearing. 

By: 

SUSAN L. KURLAND 

Assistant Secretary for Aviation 

and International Affairs 

An electronic version of this document is available at 

www.regulations.gov