Order 2010-2–9

Served: February 12, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 12th day of February 2010

Emergency exemption under 49 U.S.C. § 40109 

from the provisions of 49 U.S.C. § 41101 Docket DOT-OST-2010-0011

ORDER EXTENDING EMERGENCY EXEMPTION

Summary

By this order, we are extending for an additional 30 days the emergency exemption 

authority from the provisions of 49 U.S.C. § 41101 granted to carriers with authority

under 14 CFR Part 125 in connection with Haiti relief efforts. That exemption, first 

granted by Order 2010-1-10, issued January 14, 2010, will expire on February 14, 2010. 

This 30-day extension of that emergency exemption will allow those carriers to continue 

to provide assistance in the carriage of freight and people affected by the January 12, 

2010, Haiti earthquake, and the transport into the affected areas of relief personnel and 

supplies.1

Background

The destruction caused to Haiti by the earthquake has been unprecedented in its scope. 

The disaster and its aftermath have imperiled thousands of people. Massive relief efforts 

have been underway to move in relief personnel and supplies and to provide emergency 

transportation of people in connection with this disaster (e.g., relocate them to places 

where food, shelter, or medical assistance is available). Air services, including air 

services provided under the exemption authority granted by Order 2010-1-10, have been

critical to this relief process and we have learned that at least one Part 125 carrier has 

been requested to provide air services for a period of time beyond the authority granted 

under Order 2010-1-10. We therefore find that the resources of U.S. carriers holding 

 

1

In a separate but related matter, the Department has issued Order 2010-2-10 extending the emergency 

exemption granted by Order 2010-1-9 (Jan. 14, 2010) to air charter brokers that do not have the appropriate 

economic authority as indirect air carriers to permit them to act as a principal in their contracts with the 

United States Government to arrange air transportation services for the purpose of carrying freight and 

people to support relief efforts necessitated in the aftermath of the earthquake in Haiti. 

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION
2

authority under 14 CFR Part 125 may continue to be needed, on an immediate basis, to 

ensure the success of the rescue and relief efforts being made by the U.S. Government 

and by private relief agencies. Carriers licensed under 14 CFR Part 125 by the Federal 

Aviation Administration may not engage in common carriage operations and, therefore, 

absent our action here, would not be available to continue to satisfy this emergency need.

Decision

In light of the situation in Haiti, we recognize that there is a need for continued airlift to 

carry freight and people on a massive scale to support rescue and relief efforts 

necessitated in the aftermath of Haiti earthquake. In further recognition that air carriers 

certificated under 49 U.S.C. § 41101 may not be able to meet fully such air transportation 

needs in a timely fashion, we find it in the public interest to extend our earlier emergency 

exemption under 49 U.S.C. § 40109 from the provisions of 49 U.S.C. § 41101 and the 

Department’s regulations to carriers with authority under 14 CFR Part 125 to the extent 

necessary for those carriers to continue to operate emergency flights in air transportation 

so that they can fully support the Haiti earthquake relief efforts.2 

This authority shall be effective immediately and will be effective for a period of 30 days 

from the issue date of this order. We will require that each carrier providing air 

transportation under this order to continue to notify the Office of Aviation Analysis of 

each contract into which it has entered and all flights performed.3 We will evaluate the 

continuing need for this authority. In this regard, we invite interested parties, including 

carriers licensed by the FAA with authority under 14 CFR Parts 121, 125, and 135 as 

well as relief organizations, to comment on the need for and availability of airlift for 

relief operation and the continued need for the exemption granted by this order. 

ACCORDINGLY, 

1. We extend the emergency exemption under 49 U.S.C. § 40109 from the provisions of 

49 U.S.C. § 41101 and the Department’s regulations to carriers with authority under 

14 CFR Part 125 to the extent necessary for them to assist persons from the areas affected 

by the Haiti earthquake, and for the carriage of personnel and relief supplies in support of 

the relief effort to address the aftermath of the earthquake, subject to the security 

condition discussed in ordering paragraph 3, below.

2. The authority granted in ordering paragraph 1 is effective February 14, 2010, and will 

remain in effect for a period of 30 days from that date, or through March 15, 2010.

3. Each Part 125 carrier providing air transportation pursuant to this order shall notify 

the Office of Aviation Analysis of any contracts into which it has entered and all flights 

performed.

 

2

Similar authority was granted in the aftermath of Hurricane Katrina. Order 2005-9-2 (Sep. 7, 2005).

3 Where time does not permit it, this notification need not be provided before the flight operates. In 

addition, in conducting operations under this authority, a Part 125 carrier must comply with all applicable 

requirements concerning security. 
3

4. All services being provided for compensation or hire under the authority granted in 

this order shall be provided on reasonable terms.

5. We reserve the right to amend, modify, or revoke this authority at any time, if in the 

public interest, without notice or hearing.

BY:

SUSAN L. KURLAND

Assistant Secretary for Aviation

And International Affairs

An electronic version of this document is available at

www.regulations.gov