UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 27, 2012

NOTICE OF ACTION TAKEN – DOCKET DOT-OST-2012-0037

_____________________________________________________________________________________

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 ABX AIR, INC. (ABX) filed 3/8/12 for:

XX Exemption for two years under 49 U.S.C. §40109 to provide the following service:

Scheduled foreign air transportation of property and mail from any point or points in the United States, 

via any intermediate points to any point or points in the People’s Republic of China open to scheduled 

international operations, and beyond to any points outside the People’s Republic of China.

Applicant rep: Robert P. Silverberg (202) 944-3300 DOT Analyst: Brett D. 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: March 27, 2012, through March 27, 2014.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the Air Transport Agreement, as amended, between the 

United States and 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)

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On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the 

applicant qualified to provide the 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 exemption 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:

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.

 

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