UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on December 10 , 201 4

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 201 4

- 0215

_________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order w ill be issued in this matter).

Application of POLAR AIR CARGO WORLDWIDE , INC. ( Polar )

, filed 12/4 /1 4

, for:

XX E xemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of property and mail on a code

- share only basis (i) between Chicago, Illinois

, and M exico City , Mexico

, and (ii) between Cincinnati, Ohio, and Mexico City

, Mexico

. 1

Applicant rep: Kevin Montgomery (202) 828

- 1002 DOT Analyst: Brett Kruger (202) 366

- 8025

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action was effective when taken: December 10 , 2014

, through December 10 , 201 6

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and

Mexico.

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

indicated:

XX The holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

Remarks: We acted on the application without awaiting expiration of the 15

- day answer period with the consent of all parties served.

Conditions : The U.S.

- Mexico exemption authority granted is subject to the dormancy notice requirements set forth in condition 7 of Appendix A of Order 88

- 10

- 2.

The exemption authority granted is limited to services provided on a code

- share only basis.

1 Polar also requested broader (“between any point or points in the United States and any point or points in Mexico”) exemption authority, and in so doing made reference to a new air transport agreement recently initialed by the

United States and Mexico . As Polar notes in its application, however, the new agreement will only enter into force after the internal processes of each country are completed. In this regard, we are only addressing Polar’s immediate request for code

- share only exemption authority to serve the Chicago

- Mexico City and Cincinnati

- Mexico City

markets by pl acing its designator code on services operated by ABX Air, Inc. (ABX)

.The code

- share operations conducted under this authorization are subject to the following conditions:

(a) The code

- sharing operations conducted under this authority must comply with 14 C.F.R. 257 and with any amendments to the Department’s regulations concerning code

- share arrangements that may be adopted. Notwithstanding any provisions in the contract betwee n the carriers, our approval here is expressly conditioned upon the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service in computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the waybill ) accept responsibility for the entirety of the code

- share journey for all obligations established in its contract of carriage with the shipper ; and that the cargo liability of the operating

carri er be unaffected; and

(b) The authority granted here is specifically conditioned so that neither Polar nor ABX shall give any force or effect to any contractual provisions between themselves that are contrary to these

conditions.

On the basis of data officia lly noticeable under Rule 24(g) of the Department's regulations, we found the applicant qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our

action wa s consistent with Department policy; (2) grant of the authority 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, 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 i n 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 e ffectiveness.

An electronic version of this document is available on the World Wide Web at: www.regulations.govATTACHMENT

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 operati ons, 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 A dministration, 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 con cerning 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 Securit y Administration has determined that security is adequate to allow such airport(s) to be served; and

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department of Transp ortation, 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.

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