UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 27 , 20 1 2

NO TICE OF ACTION TAKEN

– DOCKET DOT

- OST

- 20 12

- 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).

App lication of ABX AIR, INC. (A BX ) filed 3/8/12 for :

XX E xemption 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 , 20 1 4

.

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, c onditions, and limitations

indicated:

XX Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

_____________________________________________________________________________________ On the basis of data offi cially 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 consi stent 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 n ot granted, we denied all requests in the r eferenced 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

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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 Depart ment, 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 ap plicable 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 th e holder is in

compliance with the conditions imposed above.

1/2008