 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on December 14, 2005

NOTICE OF ACTION TAKEN –

DOCKETS OST-2005-22422 and OST-2002-12503

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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  Centurion Air Cargo, Inc.  filed   9/8/2005  for:

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

Scheduled foreign air transportation of property and mail between Miami,
Florida, and Quito and Guayaquil, Ecuador.  Centurion states that,
depending on demand, it may add a stop in Cali, Colombia, or may
substitute a stop in Cali for a stop in Guayaquil.    

XX  Allocation of two weekly U.S.-Ecuador roundtrip all-cargo
frequencies to operate its proposed services.

Under the U.S.-Ecuador Air Transport Agreement, U.S. all-cargo carriers
are limited to 30 weekly frequencies.  Current frequency allocations for
U.S. carriers are as follows: United Parcel Service – 7; Arrow Air –
9; Gemini Air Cargo – 3; Atlas Air – 4; and Florida West – 5.  The
remaining 2 frequencies are currently unallocated.

On August 8, 2005, Amerijet filed an application for allocation of two
Ecuador frequencies in Docket OST-2002-12503.  In this connection,
Amerijet initially opposed Centurion’s application for the same two
frequencies at issue here.  Subsequently, on November 10, 2005, Amerijet
filed a letter stating that it had decided to withdraw its application
for two Ecuador frequencies and that Amerijet no longer opposes
Centurion’s application.  

Applicant rep: William Callaway (202) 298-0683  DOT Analyst:  Michael D.
Bodman  (202) 366-9667

D I S P O S I T I O N

XX  Granted (see below).

The above action with respect to Centurion’s exemption authority was
effective when taken: December 14, 2005, through December 14, 2007 

The above action with respect to Centurion’s allocation of two
U.S.-Ecuador frequencies was effective when taken:  December 14, 2005,
and will remain in effect indefinitely, subject to our standard 90-day
dormancy condition (see below).  

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and Ecuador and the United States and
Colombia.    

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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Conditions:  The frequency allocation is subject to the condition that
if any of the frequencies are not used for a period of 90 days, the
allocation as to each of those unused frequencies will expire
automatically and the unused frequencies will revert to the Department
for reallocation.  The dormancy condition will begin on the date of this
Notice.  The frequencies allocated here are for weekly operations.  A
scheduled carrier may not bank frequencies from one week to the next.  

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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://dms.dot.gov//reports/reports_aviation.asp

APPENDIX

U.S. Carrier

Standard 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 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
International Principal Security Inspector (IPSI) to advise the IPSI 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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