UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on June 29, 2012

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0061 _________________________________________________________________________________________________________

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 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 Mexico 

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, 2012, through June 29, 2014.

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 between Cincinnati and Mexico City, and three U.S. 

carriers may be designated to provide scheduled all-cargo service between Cincinnati and Queretaro. At 

the time ABX filed its application, ASTAR USA, LLC (AUSA) was designated to provide all-cargo 

service between Cincinnati and Mexico City, and no U.S. carriers were 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 filed a 

letter asking the Department to hold its application in abeyance. 

On June 15, 2012, AUSA filed an additional response to ABX’s application stating that it does not object 

to ABX’s application and providing notice of dormancy for its Cincinnati-Mexico 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 market, we are in a position to grant the application of 

ABX in full.

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. 

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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