UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on December 10, 2014

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2014-0215 _________________________________________________________________________________________________________

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 POLAR AIR CARGO WORLDWIDE, INC. (Polar), filed 12/4/14, for:

XX Exemption 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 Mexico 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, 2016.

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 placing 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 between 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 

carrier 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 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.

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:

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; and

(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.

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