UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on June 29 , 201 2

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 201 2

- 00 61

_________________________________________________________________________________________________________ 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 A BX AIR, INC. ( ABX )

, filed 4 /18/12

, 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 (i) between Cincinnati, Ohio

, and M exico City , Mexico

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

.

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: June 29 , 201 2

, through June 29 , 201 4

.

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)

Responsive Pleadings/Remarks: Under the U.S.

- Mexico aviation agreement, one U.S. carrier may be designated to provide scheduled all

- cargo service b etween Cincinnati and Mexico City, and three U.S. carriers may be designated to provide scheduled all

- cargo service bet ween Cincinnati and Queretaro. At

the time ABX filed its application , ASTAR USA, LLC (AUSA) wa s designated to provide all

- cargo service between Cincinnati and Mexico City, and no U.S. carriers we re designated for all

- cargo service between Cincinnati and Queretaro. On April 30, 2012, AUSA filed a response to ABX’s pleading stating

that if AUSA were to discontinue service in the Cincinnati

- Mexico City market it would file the requisite notice of dormancy, but that it had not yet decided to discontinue the subject services. ABX then file d a letter asking the Department to hold its application in abeyance.

On June 15, 2012, AUSA filed a n additional response to ABX’s application stating that it does not object to ABX’s application and provid ing notice of dormancy for its C incinnati

- Mexic o City authority, leaving one designation opportunity available for Cincinnati

- Mexico City all

- cargo service. 1 ABX subsequently filed a letter requesting that the Department grant its pending application. Given that sufficient

1 AUSA accompanied its June 15 submission with a motion for leave file, which we will grant.designation opportunities are now available in each marke t

, we are in a position to grant the application of

ABX in full.

C onditions : 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.

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 En ergy 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.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 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 w ith 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 compli ance 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 pe riod when the holder is in compliance with the conditions imposed above.

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