 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 4, 2008

   NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2007-0093            

________________________________________________________________________
_________________________________

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 11/28/07, for:

XX  Exemption authority for two years under 49 U.S.C. 40109 to provide:

Scheduled foreign air transportation of property and mail between a
point or points in the Eastern Zone of the United States, as defined in
the U.S.-Venezuela Air Transport Agreement, as 

amended,  and Maracaibo and Valencia, Venezuela. 

Applicant rep: Robert P. Silverberg (202) 944-3300  DOT Analyst: Linda
Lundell (202) 366-2336 

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:   January 4, 2008, through 
January 4, 2010. 

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 Venezuela.

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)

________________________________________________________________________
_____________________________________________

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:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
http://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 International Industry
Representative (IIR) (formerly referred to as International Principal
Security Inspector) to advise the IIR 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.

					12/07

  The Exchange of Notes at Caracas dated August 14, 1953, describes the
Eastern Zone of the United States as “[a]ll territory east of the
Mississippi River except New Orleans.”  

