UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

Issued by the Department of Transportation on August 17, 2012

 NOTICE OF ACTION TAKEN—DOCKET DOT-OST-1997-2591

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

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

Application of Atlas Air, Inc.(Atlas) filed 8/1/12 to:

 XX Renew and amend exemption under 49 U.S.C. 40109 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 Hong Kong, on the other, via intermediate points in Taiwan and Korea (without 

local traffic rights between Taiwan and Korea, on the one hand, and Hong Kong, on the other).1

 

Applicant rep: Russell Pommer 202-822-9121 DOT Analyst: Darren Jaffe 202-366-2512

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: August 17, 2012, through August 17, 2014.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the Air Transport Agreement between the Government of 

the United States and the Government of the Hong Kong Special Administrative Region of 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)

 

On the basis of data officially 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 was

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.

 1 Atlas states that it operates to and from Hong Kong under exemption authority granted by Notice of Action Taken dated May 28, 

2003 in this docket. That exemption, which has been kept in force through the Administrative Procedure Act, was issued before the 

U.S.-Hong Kong agreement was amended to include an open route description. The exemption therefore limits Atlas’ Hong Kong 

service to specific U.S. gateways. Atlas states that it now wishes to avail itself of the ability to serve Hong Kong from all U.S. points 

and thus seeks to amend its exemption authority. 
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