Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office

Southern Air, Inc.

http://www.southernair.com/

OST-1999-5670 May 10, 1999 Motion for Confidential Treatment Transfer of Route Authority
    Joint Application Transfer of Route Authority
    Service List  
    SAT-1:  ECONOMIC AUTHORITY FOR TRANSFER FROM SOUTHERN AIRTRANSPORT, INC. TO SOUTHERN AIR, INC.  
  Additional Exhibits Added 5/11 Exhibit 1:  Narrative History of Company  
    Application pp.1-3:  Type of Service  
    Exhibit 2:  Affidavit of U.S. Citizenship  
    Exhibit 3:  General Ownership Information  
    Exhibit 4:  Identification of Key Personnel Pt.1 | Pt.2  
    Exhibit 5:  Pending Actions and Outstanding Judgements  
    Exhibit 6:  Current Aircraft Fleet and Acquisition Plans  
    Exhibit 7:  Pending Investigations, Enforcement Actions, and Formal Complaints  
    Exhibit 8:  Unfair, Deceptive or Anticompetitive Business Practices, or Antitrust Fraud, Or Felony Charges  
    Exhibit 9:  Aircraft Accidents and Incidents  
    Exhibit 10:  Certificate of Good Standing form State of Incorporation  
    Exhibit 11:  Federal, State, and Foreign Authority Held and FAA Jurisdiction  
    Exhibit 12:  Proposed Service Plan and Forecasts  
    Exhibit 13:  Financial Statements  
    Exhibit 14:  Certificate of Insurance  
    Exhibit 15:  Notarized Officer's Certification of Application  
    Exhibit 16:  Notarized Affidavit of Compliance with FAA Safety Standards  
    Exhibit 17:  OST Form 4523 - Waiver of Warsaw Liability Limits and Defenses  
OST-99-5670 May 21, 1999 Answer of Polar Air Cargo

HTML

Approval of a Transfer of Route Authority
OST-96-1153 May 27, 1999 Response of Polar Air Cargo and Motion for Leave to File US-Colombia All-Cargo
    Attachment: Answer of Polar Air Cargo in Docket OST-99-5670, May 21, 1999

HTML

 
OST-99-5670 June 7, 1999 Answer of Kitty Hawk

HTML

Transfer of Route Authority
OST-99-5670 June 17, 1999 Joint Consolidated Reply of Southern Air and Southern Air Transport and Motion for Leave to File

Scanned Copy

Approval of a Transfer of Route Authority
OST-99-5670 June 24, 1999 Motion of Kitty Hawk for Leave to File and Surreply to Joint Consolidated Reply

Scanned Copy

Transfer of Route Authority
OST-99-5670 Dated July 9, 1999
Posted July 12, 1999
Letter of Confirmation Certificate - Transfer of Route Authority
OST-99-5670 Dated July 2, 1999
Docketed July 16, 1999
Letter Requesting Additional Information Certificate - Transfer of Route Authority
OST-99-5670 July 21, 1999 Letter of Confirmation from Southern Air Transfer of Route Authority
OST-99-5670 July 30, 1999 Re:  Response of Southern Air  to Department's July 2, 1999 Information Request

Scanned Copy

Route Transfer Authority
    Attachments  
OST-99-5670 July 30, 1999 Motion for Confidential Treatment Route Transfer Authority
OST-99-5670 August 3, 1999 Re:  Holders of Southern's Voting Stock Transfer of Route Authority
OST-99-5670 August 11, 1999 Letter of Kitty Hawk Transfer of Route Authority
OST-99-5670 August 30, 1999 Re:  Additional Information
With Cross Reference Attachment

Scanned Copy

Transfer of Route Authority
    Attachment:  Cross-Reference of July 30 Letter and Confidential Documents Submitted Under Seal and Officers Certification  
OST-99-5670 September 20, 1999 Motion for Confidential Treatment Transfer of Route Authority
OST-99-6469 November 8, 1999 Application for an Emergency Exemption Carry Revenue Property and Mail on FAA Proving Run Flights
    Service List  
Order 99-11-6
OST-99-5670
OST-96-1153
OST-96-987
Docket 49043
Docket 41187
Docket 32342
Docket 30833
Docket 30789 
November 10, 1999 Order to Show Cause

HTML

Transfer of Route Authority
    Attachments - Certificate of Public Convenience  
    Service List  
Order 99-11-17
OST-96-987
OST-96-1153
OST-99-5670 
Issued November 26, 1999 Final Order  U.S. - Chile
    Certificate of Service  
    Service List  
OST-99-6591 December 2, 1999 Application for Emergency Exemption U.S.- Luxemburg
    Service List  
Order 200-2-8
OST-99-5670
OST-99-6591
30883, 30789, 49043
Issued November 10, 1999
Served February 4, 2000
Order Confirming Oral Actions, Reissuing Effective Certificates and Canceling Certificates Fitness Determination and Dormancy
    Attachments:  Interstate and Foreign Certificates of Public Convenience and Necessity  
    Service List  
       
OST-00-8551 December 14, 2000 Application for an Exemption U.S. Points-Seoul-Taipei
    Service List  
OST-00-8551 December 22, 2000 Letter from the State of Alaska Department of Transportation and Public Facilities in Support Exemption - United States Points-Seoul-Taipei All-Cargo
OST-01-9667 May 10, 2001 Application for Exemption Miami- Bogota/Barranguilla/ Cali/Cartagena/Medellin
    Service List  
OST-01-9667 Filed May 10, 2001
Issued June 8, 2001
Notice of Action Taken Miami- Bogota/Barranguilla/ Cali/Cartagena/Medellin
OST-00-8551 March 7, 2002 Re:  Withdraw of Application U.S. Points- Seoul- Taipei
    Service List  
OST-02-12262 May 6, 2002 Application for Exemption U.S.- Korean/Taiwan Scheduled All-Cargo
OST-02-12262 Filed May 6, 2002
Issued May 28, 2002
Notice of Action Taken U.S.- Korea or Taiwan Third Country Points
       


OST-02-12262 - Exemption - US-Korea/Taiwan Scheduled All-Cargo Services

March 11, 2004

Application for Renewal

Applies pursuant to 49 U.S.C. § 40109 and Rule 302 of the Department's Rules of Practice for renewal of its exemption from 49 U.S.C. § 41101 which authorizes Southern to provide scheduled all-cargo foreign air transportation between any point(s) in the U.S., directly or via any intermediate point(s), and any point(s) in Korea or Taiwan and between any point(s) in Korea or Taiwan and any third-country point(s). Southern also asks that its right to integrate this authority with its authority in other markets be renewed and that the Department renew all of this authority for a period of at least two years.

Counsel: Crowell & Moring, Bruce Keiner, 202-624-2500


OST-96-1960 - Family Assistance Plans

March 10, 2004

Re: Amended Family Assistance Plan

Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com


OST-2002-12262 - Exemption - US-Korea or Taiwan All-Cargo

Filed March 11, 2004 | Issued April 21, 2006

Notice of Action Taken | Word

Scheduled foreign air transportation of property and mail between any point(s) in the United States, directly or via any intermediate point(s), and any point(s) in Korea or Taiwan, and between any point(s) in Korea or Taiwan and any third-country point(s). Southern Air also requests the authority to integrate this authority with its existing exemption and certificate authority.

By: Paul Gretch


OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo

May 4, 2006

Re: Polling Results

Southern Air has polled all airlines served with its May 1, 2006, application for U.S. -Hong Kong scheduled all-cargo exemption authority, and none of those airlines objects to the application. Southern Air hopes to institute this service on August 1, 2006. Prompt action granting this application and designating Southern Air for such service would be greatly appreciated so Southern Air can secure the necessary foreign government authority and begin selling its new service well in advance of its start-up date.

Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com


OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo

Filed May 1, 2006 | Issued May 8, 2006

Notice of Action Taken

Scheduled foreign air transportation of property and mail between points in the United States, directly or via any intermediate points, and Hong Kong; and between Hong Kong and any third-country points.

The applicant requested the authority for an indefinite period or, in the alternative, for a period of not less than two years. The applicant states that it recognizes that any operations serving intermediate or beyond points would be without local traffic rights unless Southern Air, Inc. secures fifth-freedom Hong Kong frequencies for the carriage of local traffic.

The two-year duration of the exemption authority that we granted to Southern Air, Inc. is consistent with our usual policy of granting exemption authority in the circumstances presented. We, therefore, dismissed the application to the extent that Southern Air, Inc. sought exemption authority for a longer period.

By: Paul Gretch


OST-2006-25478 - Certificate - US-World Cargo Points
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Air Carriers

July 26, 2006

Application for a Certificate

Southern Air, Inc. applies, pursuant to 49 U.S.C. 41102, Subpart B of the Department's Rules of Practice, and the Department's August 23, 2005 notice on streamlining regulatory procedures, for a certificate authorizing it to provide scheduled air transportation of property and mail between a point or points in the U.S. via intermediate points and a point or points in the Netherlands, Belgium, Finland, Denmark, Norway, Sweden, Luxembourg, Austria, Iceland, Switzerland, Czech Republic, Germany, Jordan, Singapore, Taiwan, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, New Zealand, Brunei, Malaysia, Aruba, Chile, Uzbekistan, Korea, Peru, Netherland Antilles, Romania, Italy, U.A.E., Pakistan, Bahrain, Argentina, Qatar, Tanzania, Dominican Republic, Portugal, Slovakia Republic, Namibia, Burkina Faso, Ghana, Turkey, Gambia, Nigeria, Morocco, Rwanda, Malta, Benin, Senegal, Poland, Oman, France, Sri Lanka, Uganda, Cape Verde, Samoa, Jamaica, Tonga, Albania, Madagascar, Gabon, Indonesia, Uruguay, India, Paraguay, Maldives, Ethiopia, Thailand, Mali, Canada, Bosnia and Herzegovina, Cameroon, Chad and Australia and beyond.

Southern also requests that its certificate authorize it to provide air transportation of property and mail between a point or points in Luxembourg, Iceland, Czech Republic, Germany, Singapore, El Salvador, Guatemala, Slovakia Republic, Burkina Faso, Ghana, Gambia, Nigeria, Slovakia Republic, Burkina Faso, Ghana, Gambia, Nigeria, Morocco, Rwanda, Malta, Benin, Senegal, Poland, Oman, France, Uganda, Cape Verde, Samoa, Tonga, Albania, Madagascar, Gabon, Indonesia, Uruguay, India, Paraguay, Maldives, Ethiopia, Thailand, Mali, Canada, Bosnia and Herzegovina, Cameroon and Chad pursuant to seventh-freedom all-cargo rights granted in open skies agreements with these countries.

Southern also asks that it be awarded certificate authority between a point or points in the United States and Hong Kong and a point or points in the U.K.

Finally, Southern also requests the same blanket route integration authority granted to other carriers by Order 2006-1-1, asks that the authority requested be effective for an indefinite period and asks that this application be processed by expedited non-hearing procedures pursuant to Subpart B of the Department's Rules of Practice.

Southern holds a certificate of public convenience and necessity and exemptions authorizing it to engage in interstate and foreign charter and scheduled air transportation of property and mail. See, e.g., Order 1999-11-17 (Docket OST-1999-5670) and Order 2000-2-8 (Dockets OST-1999-5670 and OST-1999-6591) and Notice of Action Taken, May 8, 2006 (Docket OST-2006-24703).

Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com



OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo Services

April 23, 2008

Application for Renewal

Southern Air, Inc. applies for renewal of its exemption from 49 U.S.C. § 41101 to provide scheduled all-cargo foreign air transportation between points in the United States, directly or via any intermediate points, and Hong Kong and betweep. Hong Kong and any third-country points. Southern also asks that its right to integrate this authority with its authority in other markets be renewed and that the Department renew all of this authority for a period of at least two years or until the Department grants Southern's corresponding application for a certificate of public convenience and necessity pending in Docket OST-2006-25478.

Southern was granted U.S.-Hong Kong scheduled all-cargo exemption authority by Notice of Action Taken dated May 8, 2006, in this docket. Absent renewal, Southern's U.S.-Hong Kong scheduled all-cargo exemption authority is scheduled to expire on May 8, 2008.

Southern's existing U.S.-Hong Kong scheduled authority encompasses intermediate and beyond points, which allows Southern the flexibility to change or add points on the proposed routing in response to customer demands. Southern recognizes that any operations serving intermediate or beyond points would be without local traffic rights unless Southern secures fifth-freedom Hong Kong frequencies for the carriage oflocal traffic.

Based on the expectation that its certificate application for Hong Kong scheduled authority now pending in Docket OST-2006-25478 would be granted prior to the expiration of its exemption authority, Southern had not anticipated the need to submit this renewal application.

Counsel: Crowell & Moring, Bruce Keiner, 202-624-2500



OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo Services

Filed April 23, 2008 | Issued May 9, 2008

Notice of Action Taken

Scheduled foreign air transportation of property and mail between points in the United States, directly or via any intermediate points, and Hong Kong; and between Hong Kong and any third-country points. The applicant also requests to integrate this authority with its existing authority in other markets.

The applicant states that it recognizes that any operations serving intermediate or beyond points would be without local traffic rights unless it secures fifth-freedom Hong Kong frequencies for the carriage of local traffic.

By: Paul Gretch



OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers

February 24, 2009

Re: Request for Streamlining

Southern, an all-cargo carrier, holds a blanket open-skies certificate issued by Order 2007-7-4. Southern also holds a blanket route integration certificate issued by Order 2008-5-4. Apart from these certificates, Southern's scheduled international authority consists of exemption authority in one non-open-skies market: U.S.-Hong Kong.

Southern requests that the Department issue to Southern a non-open-skies certificate encompassing its U.S.-Hong Kong authority. This will enable Southern to replace its two-year exemption authority with certificate authority, and will establish a non-open-skies certificate onto which new routes may be added in the future.

Southern's U.S.-Hong Kong exemption authority, valid through May 9, 2010, was issued by Notice of Action Taken dated May 9, 2008, in Docket OST-2006-24703.

Counsel: Garofalo Goerlich, Aaron Goerlich



OST-2009-0099 - Exemption - US-Afghanistan All-Cargo

April 24, 2009

Application for an Exemption

Southern Air Inc. applies for an exemption from 49 U.S.C. § 41101 to authorize Southern to engage in scheduled foreign air transportation of property and mail between a point or points in the United States, via intermediate points, and a point or points in Afghanistan, and beyond. Southern requests that this authority remain in effect for a period of two years or for such longer period as the Department may determine Alternatively, Southern requests that this authority be included in its non-open-skies certificate requested by letter dated February 24, 2009, in response to the Department's February 13, 2009 notice In the Matter of Streamlining Regulatory Procedures for Licensing US Air Carriers (Docket OST-2005-22228) should such certificate be issued before grant of the exemption authority requested here.

Southern proposes to operate U.S.-Afghanistan scheduled all-cargo service via Liege, Belgium, to Afghanistan, and beyond to Hong Kong and onward to the United States twice weekly using Boeing 747 aircraft from Southern's existing fleet, as market conditions warrant.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970


OST-2009-0099 - Southern Air - US-Afghanistan All-Cargo
OST-2009-0090 - Evergreen - US-Afghanistan All-Cargo
OST-2009-0077 - Atlas Air - US-Afghanistan All-Cargo
OST-2009-0100 - Kalitta Air - US-Afghanistan All-Cargo

April 24, 2009

Motion of Southern Air to Consolidate

To Southern's understanding there is no bilateral aviation agreement in force between the United States and Afghanistan. Accordingly, aviation relations are governed by principles of comity and reciprocity. On information and belief, Southern believes comity and reciprocity exists between the United States and Afghanistan that would support the authority requested by Southern in its exemption application. Whether the Government of Afghanistan will be receptive to multiple U.S. carriers providing scheduled all-cargo service is unknown. In the event the Department determines that market entry limitations restrict the number of U.S. all-cargo carriers that may be authorized to serve Afghanistan, Southern moves the Department to initiate a comparative proceeding to evaluate all three applications.

Southern has considerable recent experience operating charter flights to and from Afghanistan and believes that all-cargo opportunities will only increase as the United States focuses increasingly on Afghanistan. Southern believes it is especially well positioned to demonstrate in a comparative proceeding why the Department should select its proposal.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970



OST-2009-0099 - Southern Air - US-Afghanistan All-Cargo
OST-2009-0090 - Evergreen - US-Afghanistan All-Cargo
OST-2009-0100 - Kalitta - US-Afghanistan All-Cargo


May 11, 2009

Motion of Evergreen to Consolidate

On April 14, 2009, Evergreen tiled its application for authority to offer scheduled all-cargo service between the United States and Afghanistan (Docket OST-2009-0090).

On April 24, 2009, Southern submitted its application in Docket OST-2009-0099 also seeking an exemption authorizing scheduled all-cargo service between the United States and Afghanistan.

On April 27, 2009, Kalitta submitted its application in Docket OST-2009-0100 seeking an exemption authorizing this same service.

Evergreen respectfully moves the Department to consolidate its application filed in Docket OST-2009-0090 for an exemption authorizing scheduled all-cargo service to Afghanistan with the exemption applications filed by Southern and Kalitta as described above in the event that any of these applications are determined to be mutually exclusive with Evergreen's.

Counsel: Squire Sanders, Edward Sauer, 202-626-6641


May 11, 2009

Consolidated Answer of Evergreen

Evergreen International Airlines, Inc. submits this Answer in response to the applications of Southern Air, Inc. and Kalitta Air, LLC for exemptions authorizing scheduled all-cargo service to Afghanistan. Southern and Kalitta's filings bring the number of pending requests for U.S.-Afghanistan scheduled authority to four. Evergreen has ho objection to the approval of either or both of the two latest applications if it is clear that Evergreen will be also able to provide scheduled service. Since there is no applicable bilateral agreement, that ability will depend on whether the Government of Afghanistan is prepared to consider as many as four additional U.S. all-cargo carriers. The record is completely silent on this critical point. Now that the number of applicants has doubled, the reasons for consultations with the Government of Afghanistan, as previously proposed by Evergreen, are more compelling than ever. Otherwise, acting on any of the pending applications could represent a de facto denial of one or more of the remaining ones. It is precisely this type of unfair result that the Supreme Court decision in Ashbacker Radio Corp v. FCC, 326 US 327 (1945) was intended to prevent.

In these circumstances, Evergreen respectfully submits that the Department should verify that Afghanistan is prepared to accept as many as four U.S. scheduled carriers. If so, Evergreen submits that its application and the competing applications should be promptly approved. If Afghanistan is not prepared to accept service by all carriers that are requesting authority, the Department should institute a comparative proceeding to select the best carrier to provide the service that is available.

Counsel: Squire Sanders, Edward Sauer, 202-626-6641



OST-2009-0112 - Exemption - US-Colombia All-Cargo

May 11, 2009

Application for an Exemption

Southern applies for an exemption from 49 U.S.C. § 41101 to authorize Southern to engage in scheduled foreign air transportation of property and mail between a point or points in the United States, via intermediate points, and a point or points in Colombia, and beyond to points in the Western Hemisphere. Southern requests that this authority remain in effect for a period of two years or for such longer period as the Department may determine. Alternatively, Southern requests that this authority be included in its non-openskies certificate requested by letter dated February 24, 2009, in response to the Department's February 13, 2009 notice In the Matter of Streamlining Regulatory Procedures for Licensing us. Air Carriers (Docket OST-2005-22228) should such certificate be issued before grant of the exemption authority requested here.

Southern has experienced a steady increase in requests for U.S.-Colombia cargo charter flights and believes cargo opportunities in this market will increase upon ratification of the U.S.-Colombia Trade Promotion Agreement, hence this application. Southern proposes to operate U.S.-Colombia scheduled all-cargo service up to 10 times weekly using Boeing 747 aircraft from Southern's existing fleet, as market conditions warrant. Southern expects to begin this service approximately July 1, 2009, and requests expedited treatment of this application to help provide sufficient lead time to obtain traffic rights from the Colombian Government.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970



OST-2009-0099 - Southern Air - US-Afghanistan All-Cargo
OST-2009-0090 - Evergreen - US-Afghanistan All-Cargo
OST-2009-0100 - Kalitta - US-Afghanistan All-Cargo

May 12, 2009

Answer of Southern Air and Motion to Consolidate

On April 24, 2009, Southern filed its application for exemption authority to provide scheduled all·cargo service between the United States and Afghanistan. With the addition of Kalitta's application, there are now four pending requests for U.S.-Afghanistan scheduled authority. While at present Southern expresses no opinion on the merits of Kalitta's application, should the Department determine that the state of bilateral aviation relations between the U.S. and Afghanistan restricts market entry to fewer than four U.S. scheduled all-cargo carriers, Southern would oppose Kalitta's request and would urge the Department to initiate a comparative proceeding to evaluate the four applications.

Southern moves to consolidate the application of Kalitta in Docket OST-2009-0100 with the application filed by Southern seeking identical authority in Docket OST-2009-0099.

Southern filed a similar motion on April 24, 2009, in Dockets OST-2009-0077, OST-2009-0090, and OST-2009-0099 requesting consolidation of the applications filed by Evergreen International Airlines, Inc. and Atlas Air, Inc. for U.S.·Afghanistan scheduled authority with the application filed by Southern for identical authority. Southern incorporates herein by reference the reasoning set forth in its motion of April 24, 2009, as equally applicable to Kalitta's application.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970



OST-2009-0099 - Southern Air - US-Afghanistan All-Cargo
OST-2009-0090 - Evergreen - US-Afghanistan All-Cargo
OST-2009-0100 - Kalitta - US-Afghanistan All-Cargo

May 13, 2009

Answer of Kalitta Air to Motions to Consolidate of Evergreen and Southern Air

In answer to each of these motions, Kalitta wishes to emphasize and clarify its position, as initially expressed in its motion to consolidate, filed April 27, 2009. The Evergreen motion requests consolidation into a single comparative proceeding "if the Department determines that entry into the U.S.-Afghanistan markets is limited in such a way that [the four applications] become mutually exclusive...." The Southern motion states it slightly differently: "should the Department determine that the state of bilateral aviation relations between the U.S. and Afghanistan restricts market entry to fewer than four U.S. scheduled all-cargo carriers ... ," the applications should be consolidated.

Kalitta's position is that since there is no bilaterally agreed limitation on U.S. carrier entry into Afghanistan, and none of the applicants have made any showing that Afghanistan would not, in fact, permit multiple entry, the Department should grant all four pending applications, and leave it to the carriers to prosecute' their applications before the Afghanistan authorities. Should the Department decide, however, not to grant all such applications, at that point the applications should be consolidated into a comparative selection proceeding.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513



OST-2009-0112 - Exemption - US-Colombia All-Cargo

May 13, 2009

Re: Polling Results

This letter is to notify you that we have polled all carriers served with Southern's referenced application for an exemption and none have interposed an objection to the granting of the authority requested. The Department's early action on this application would be much appreciated.

Counsel: Garofalo Goerlich, Aaron Goerlich



OST-2009-0112 - Exemption - US-Colombia All-Cargo

May 11, 2009 | Issued May 20, 2009

Notice of Action Taken

Scheduled foreign air transportation of property and mail between a point or points in the United States, via intermediate points, and a point or points in Colombia, and beyond to points in the Western Hemisphere.

Southern requests that the Department incorporate this additional authority in the consolidated certificate request submitted by Southern on February 24, 2009, in response to the Department’s February 13, 2009 Notice. The February 19 Notice and Southern’s consolidated certificate request are posted in the Department’s aviation licensing streamlining docket, Docket DOT-OST-2005-22228. We will address Southern’s present and pending requests in a separate action.

By: Paul Gretch



OST-2009-0077 - Atlas Air - US-Afghanistan All-Cargo
OST-2009-0090 - Evergreen - US-Afghanistan All-Cargo
OST-2009-0099 - Southern Air - US-Afghanistan All-Cargo
OST-2009-0100 - Kalitta Air - US-Afghanistan All-Cargo

Issued May 21, 2009

Notice of Action Taken

Atlas - Scheduled foreign air transportation of property and mail between the United States and Afghanistan, including authority to operate via intermediate points to Afghanistan and beyond.

Evergreen - Scheduled foreign air transportation of property and mail between the United States and Afghanistan, including authority to operate via intermediate points to Afghanistan and beyond.

Southern - Scheduled foreign air transportation of property and mail between a point or points in the United States, via intermediate points, and a point or points in Afghanistan, and beyond.

Kalitta Air - Scheduled foreign air transportation of property and mail between a point or points in the United States, via intermediate points, and a point or points in Afghanistan, and beyond.

We have determined that we are able to grant, without further proceedings, each of the above-referenced applications for exemption authority. Accordingly, we dismiss, as moot, the motions to consolidate.

Southern requests that the Department incorporate this additional authority in the consolidated certificate request submitted by Southern on February 24, 2009, in response to the Department’s February 13, 2009 Notice. The February 19 Notice and Southern’s consolidated certificate request are posted in the Department’s aviation licensing streamlining docket, Docket DOT-OST-2005-22228. We will address Southern’s present and pending requests in a separate action.

By: Paul Gretch



OST-2009-0307 - Exemption - US-China All-Cargo

November 18, 2009

Application for an Exemption

Southern Air Inc. applies for an exemption from 49 USC § 41101 to authorize Southern to engage in scheduled foreign air transportation of property and mail between a point or points in the United States, on one hand, and a point or points in the People's Republic of China, on the other hand, via intermediate points, and beyond China. Southern requests that it be designated to provide this service under the US-China designation available for use by a new entrant as of March 25, 2010, and that Southern be allocated six weekly frequencies for its proposed service. Finally, Southern asks that the exemption authority requested here remain in effect for two years or until superseded by rights arising and effective under the US-China all-cargo open skies relationship scheduled to commence March 25, 2011, whichever is sooner.

Southern plans to operate three weekly round-trips between Los Angeles and Shanghai, and three weekly round-trips between Chicago and Shanghai. The carrier plans to utilize Boeing 777-LRF (Long Range Freighter) equipment having a payload capacity of approximately 225,000 pounds. Southern has experienced a marked increase in requests for charter flights between Shanghai (China's largest and fastest-growing cargo market) and the United States, and believes demand for cargo transportation will continue to increase as economic conditions improve. Southern anticipates that its traffic will be generated from a variety of sources, particularly air freight forwarders and other carriers, as has been the case for its charter operations.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974

Tiny Prince George Airport Takes a First Step on Global Stage - Canadian Airport in British Columbia Presents a Challenge to Anchorage as a Cargo Stop - Southern Air First to Make Use of the New Extended Runway - Article from The Vancouver Sun



OST-2009-0307 - Southern Air - US-China All-Cargo
OST-2009-0329 - Kalitta Air - US-China All-Cargo


December 9, 2009

Application of Kalitta Air for a Certificate of Public Convenience and Necessity, an Exemption, Allocation of Frequencies and Designation and Motion to Consolidate

Kalitta proposes two separate and complimentary routings that will ensure market coverage of two of the most important freight origin points in the PRC (excluding HKG) and three of the most important freight origin points in the United States. These routes are as follows:

  1. Shanghai-Anchorage-Chicago-New York-Anchorage-Shanghai, three round-trips per week, beginning April 1, 2010, using 747-400 aircraft from the carrier's fleet.
  2. Guangzhou-Khabarovsk (fuel)-Anchorage-Los Angeles-Anchorage-Guangzhou, three round-trips per week, beginning April 1, 2010, using 747-400 and -200 aircraft from the carrier's fleet.

The carrier has a large and experienced scheduled sales and customer support staff in Hong Kong, and its proposed new service has received the enthusiastic backing of major shippers in the China-United States airfreight market - the same companies that backed its bid for the 2009 designation, Kalitta's decision to file this application was in response to continuing requests from these shippers, who expressed dissatisfaction with the existing US-flag freighter service out of mainland China, and urged Kalitta to seek the designation.

Kalitta moves that this application be considered contemporaneously with the exemption application filed November 18, 2009 in Docket OST-2009-0307 by Southern Air, Inc. That application requests the same designation and frequencies sought by Kalitta in the instant application, and thus the two applications are mutually exclusive. Under the Ashbacker doctrine and well-established Department precedent, the Department must consider the two applications together in a competitive proceeding.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513


December 9, 2009

Answer of Kalitta Air to the Application of Southern Air and Motion to Late-File

Kalitta moves that its late-filed answer be admitted. When the Southern application was first filed three weeks ago, Kalitta promptly consulted with its Chinese customers, who are among the main shippers out of Hong Kong, Shanghai and Guangzhou. Due to the press of business in that market, which is experiencing a great resurgence in activity, the shippers have only now advised Kalitta of the degree to which they require and will utilize the carrier's service out of Mainland China. Expressing considerable dissatisfaction with the existing US flag all cargo service by non-integrators, they urged Kalitta to file for the routes as quickly as possible. Kalitta has now done so. It has also requested contemporaneous consideration of its application with Southern's application. Kalitta submits that consideration of its views on this matter and a consideration of the relative merits of the two applicants and their proposals will best serve the public interest.

Southern states that it intends to operate its planned China-US flights with the two Boeing 777F aircraft it has scheduled for delivery in 2010. However, Southern has also recently announced that it has reached an agreement with Thai Airways International under which Thai Airways has agreed to take all of the space on these same two aircraft for its own operations between Thailand and Europe. The announced arrangement with Thai and Southern's proposed scheduled service between Shanghai (PVG) and the United States appear to be mutually exclusive. It may be, however, that Southern seeks the PVG-US designation so that it can use those rights to accommodate Thai's service over that routing. If so, that is not the purpose for which the United States secured these scheduled all-cargo rights.

Kalitta believes that it is in a much better position to mount scheduled service from Shanghai, given the depth of its experience in providing scheduled freighter service in the Chinese market, the breadth of its customer base and support in that market, the demonstrated scope of its existing scheduled all-cargo service which stretches from Hong Kong to the United States and beyond to Europe and the Middle East, and the availability of aircraft that, unlike Southern's, are not contractually committed to another foreign air carrier. Kalitta submits that it would be in the public interest to consider it, together with Southern, for the next US carrier designation in the increasingly important China cargo market.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513



OST-2009-0307 - Exemption - US-China All-Cargo

December 18, 2009

Consolidated Response of Southern Air to Motion and Answer of Kalitta Air

Kalitta's claim that Southern's plans to utilize B777F aircraft for US-China service and for Thailand-based service "appear to be mutually exclusive"u is based on incomplete information. Southern intends to acquire additional B777F aircraft, beyond the two deliveries that have been announced, during the first quarter of 2010 for operation of the service at issue. Further, with a fleet of seventeen B747 freighters, Southern has more than sufficient back-up capacity and flexibly to provide US-China and Thailand-based service with a blend of B777 and B747 equipment, and will do so as necessary.

Kalitta should know as well as anyone that in the case of cargo transportation, sales and operational experience in the nonscheduled mode is readily transferable to the scheduled mode. The greatest significance of the US-China scheduled designation available in March 2010 lies in the fact that the cargo carrier operating under that designation will be able to offer a continuous pattern of service, in major markets, that would be precluded in the charter mode due to the restrictive, bilaterally-agreed frequency limitations on charters that compete with Chinese carriers' scheduled flights. In the case of passenger transportation, Southern would concur that there is a substantial distinction between scheduled and charter service. But in the case of cargo transportation, the distinction is far less clear, with both types of service being offered and furnished to the same primary customers with essentially the same or similar demands.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974



OST-2009-0307 - Exemption - US-China All-Cargo


December 18, 2009

Answer of Southern Air to Application of Kalitta Air

Southern Air Inc. urges the Department to strike the US-China application of Kalitta Air, LLC filed December 9, 2009, in the captioned dockets. As discussed in Southern's Consolidated Response of Southern Air Inc. to Motioo and Answer qf Kalitta Air, LLC, incorporated herein by reference, Kalitta's application and its associated pleading are untimely, and acceptance thereof would subvert the Department's Rules of Practice, 14 CFR Part 302, and negate the due-process rights accorded Southern under those rules.

Kalitta's application cannot be considered bonafide in circumstances where Kalitta expressed no interest whatsoever in the US-China designation available March 25, 2010, until well after the time for responses to Southern's application for that authority had expired pursuant to the Rules of Practice.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974


December 22, 2009

Reply of Kalitta Air to Consolidated Response of Southern Air

Southern Air has filed a Consolidated Response to the Motion and Answer of Kalitta Air, LLC in this docket. Five of the document's seven pages are devoted to arguing that the Department should deny Kalitta Air's Motion for Leave to File its Answer to Southern's application six days (four business days) late. Kalitta Air believes that the degree of bombast and innuendo used by Southern will be recognized for what it is -- an effort to cloud the facts and avoid a comparative analysis of two carrier proposals. Kalitta Air will not respond to the rhetorical assault on its integrity; rather it will confine this pleading to clarifying the facts and legal precedent.

As to the claims by Southern that by filing on December 9th rather than December 3rd , Kalitta was somehow seeking to gain an "unfair advantage" over Southern, or that it wanted to see if another applicant would arise, these assertions are incomprehensible. What "advantage" would Kalitta have gained over Southern by delaying its answer by a few days? Finding that its application would be evaluated alongside another and the comparative merits of each determined may have been disappointing to Southern, but disappointment does not constitute actual injury. The allegation that Southern's planning has been "thrown asunder" is not meaningful, given that the carrier does not describe any costs it incurred or material changes in position in the intervening four business days.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513



OST-2009-0307 - Exemption - US-China All-Cargo

December 24, 2009

Re: Surreply of Southern Air and Motion for Leave to File

Kalitta claims that a carrier selection proceeding would provide a "greater benefit" to the public. Even if that were true - which it is not it would not excuse Kalitta's intentional disregard of Rule 307 or the abrogation of Southern's due-process rights that Kalitta advocates. As Southern noted in its previous submission, to the extent the Department does not uphold the Rules of Practice in this matter, DOT will invite abuse of the rules by parties, such as Kalitta, seeking to gain an advantage or benefit the rules intend to foreclose. It would not be in the public interest for the Department to permit such a situation to arise.

Irrespective of Kalitta's explanation for its actions, the fact remains that Kalitta did not act reasonably or responsibly vis-a-vis regulatory requirements with which it is fully familiar. It would be contrary to the public interest to permit Kalitta to undo the undesired results of its own voluntary decision-making, particularly where another carrier - in this case Southern - would be prejudiced as a result.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974



Order 2010-2-6
OST-2010-0017
OST-2009-0307 - Southern Air - US-China All-Cargo
OST-2009-0329 - Kalitta Air - US-China All-Cargo

Issued and Served February 4, 2010

Order Instituting Proceeding

We have carefully considered the arguments raised by Southern and Kalitta. Although we recognize that Kalitta’s competing application was not timely filed, we do not believe, in the circumstances presented, that the six-day delay in filing by Kalitta warrants depriving the Department of an opportunity to determine which of the two proposals presented would better serve the interests of the shipping public and would better maximize use of our rights under the US-PRC aviation agreement. Nor are we persuaded that Southern has suffered prejudice of a type or degree that would outweigh the benefits to the public of the Department’s engaging in such a comparative selection. Therefore, we have determined that the public interest would best be served by considering Kalitta’s application along with Southern’s and by instituting a carrier selection proceeding for that purpose.

As the applications filed are already ripe and all interested parties have had an opportunity to file competing requests, we will not provide for additional applications here. Accordingly, we will (1) consolidate the captioned applications into the proceeding we are instituting here in a newly established docket for this proceeding; (2) invite the captioned carriers in this proceeding to supplement and/or amend the already-filed applications; and (3) establish the procedural schedule for deciding the case. All documents hereafter should be filed in the newly assigned docket for this proceeding. We will award the US-China route authority at issue in the form of exemption authority and a temporary, experimental certificate of public convenience and necessity.

We are establishing the following procedural schedule for submissions:

Petitions for Reconsideration February 10, 2010
Answers to Petition February 12, 2010
Amendments and/or Supplements February 22, 2010
Answers March 3, 2010
Replies March 10, 2010

By: Susan Kurland



OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo Services

March 9, 2010

Application for Renewal of Exemption Authority

Southern Air Inc. applies for renewal of its exemption from 49 USC § 41101 authorizing Southern to engage in scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States. directly or via any intermediate points, and Hong Kong and any third-country points. Southern requests that this renewed authority remain in effect for a period of two years or for such longer period as the Department may determine. Alternatively, Southern requests that this authority be included in its non-open-skies certificate requested by letter dated February 24, 2009, in response to the Department's February 13, 2009 notice In the Matter of Streamlining Regulatory Procedures/or Licensing US Air Carriers (Docket OST-2005-22228) should such certificate be issued before grant of the renewed exemption authority requested here.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970



OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo Services

Filed March 9, 2010 | Issued March 30, 2010

Notice of Action Taken

Renewal of scheduled foreign air transportation of property and mail between points in the United States, directly or via any intermediate points, and Hong Kong; and between Hong Kong and any third-country points.

Southern notes that any operations serving intermediate or beyond points would be without local traffic rights unless it secures fifth-freedom Hong Kong frequencies for the carriage of local traffic.

Southern states that it has pending a U.S.-Hong Kong certificate application in Docket OST-2006-25478 that should be dismissed as moot upon issuance of the requested non-open-skies certificate.

By: Paul Gretch



OST-2010-0157 - Certificate and Exemption - US-China All-Cargo

June 17, 2010

Application for Certificate of Public Convenience and Necessity and an Exemption

Southern Air applies for:

  1. an exemption from 49 USC § 41101 to authorize Southern to engage in scheduled foreign air transportation of property and mail between a point or points in the United States, on one hand, and a point or points in the People's Republic of China, on the other hand, via intermediate points, and beyond China; and
  2. a certificate of public convenience and necessity authorizing the service described above.

Southern presently plans to operate six weekly US-China round-trips, two each between Los Angeles and Shanghai, Chicago and Shanghai and New York and Shanghai. The carrier plans to utilize Boeing 747 freighter aircraft from its existing fleet.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974



OST-2010-0157 - Certificate and Exemption - US-China All-Cargo

Filed June 17, 2010 | Issued July 21, 2010

Notice of Action Taken

Exemption - Scheduled foreign air transportation of property and mail between a point or points in the United States, on the one hand, and a point or points in the People’s Republic of China, on the other hand, via intermediate points, and beyond China.

We will address Southern’s request for certificate authority separately. We note that frequency and designation limitations will no longer be applicable to U.S.-China scheduled all-cargo operations effective March 25, 2011. Southern may not commence its proposed scheduled U.S.-China all-cargo service until these limitations are removed.

By: Paul Gretch



OST-2005-22228

September 8, 2010

Request of Southern Air for Renewal of Blanket Route Integration

Southern Air, in response to the Department's notice dated August 27, 2010, requests that the Department renew, for an indefinite duration, Southern's Certificate of Public Convenience and Necessity for blanket route integration issued by Order 2008-5-4.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970




OST-2009-0099 - Exemption - US-Afghanistan All-Cargo

March 17, 2011

Application for Renewal of an Exemption

Southern Air Inc. applies for renewal of its exemption from 49 USC § 41101 authorizing Southern to engage in scheduled foreign air transportation of property and mail between a point or points in the United States, via intermediate points, and a point or points in Afghanistan, and beyond. Southern requests that this renewed authority remain in effect for a period of two years or such longer period as the Department may determine. Alternatively, Southern requests that this authority be included in its non-open-skies certificate requested by letter dated February 24, 2009, in response to the Department's February 13,2009 notice In the Matter of Streamlining Regulatory Procedures for Licensing u.s. Air Carriers (Docket OST-2005-22228) should such certificate be issued before grant of the exemption authority requested here

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-397


OST-2009-0112 - Exemption - US-Colombia All-Cargo

March 17, 2011

Application for Renewal of an Exemption

Southern Air Inc. applies for renewal of its exemption from 49 USC § 41101 authorizing Southern to engage in scheduled foreign air transportation of property and mail between a point or points in the United States, via intermediate points, and a point or points in Colombia, and beyond to points in the Western Hemisphere. Southern requests that this authority remain in effect for a period of two years or until the new Air Transport Agreement Between the Government of the United States and the Government of the Republic of Colombia initialed November 11, 2010, is applied.

Southern understands that at that time all-cargo "open skies" will become effective and Southern will be able to operate scheduled all-cargo service to Colombia pursuant to its open skies certificate issued by Order 2007-7-4.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970



OST-2009-0099 - Southern Air - US-Afghanistan All-Cargo
OST-2009-0090 - Evergreen - US-Afghanistan All-Cargo
OST-2009-0077 - Atlas Air - US-Afghanistan All-Cargo
OST-2009-0100 - Kalitta Air - US-Afghanistan All-Cargo

Filed March 10 / March 18 / February 17 / March 25, 2011 | Issued May 4, 2011

Notice of Action Taken

Atlas Air - Renewal of scheduled foreign air transportation of property and mail between the United States and Afghanistan, including authority to operate via intermediate points to Afghanistan and beyond.

Evergreen Int'l - Renweal of scheduled foreign air transportation of property and mail between the United States and Afghanistan, including authority to operate via intermediate points to Afghanistan and beyond.

Southern Air - Renewal of scheduled foreign air transportation of property and mail between the United States and Afghanistan, including authority to operate via intermediate points to Afghanistan and beyond.

Kalitta Air - Renewal of scheduled foreign air transportation of property and mail between the United States and Afghanistan, including authority to operate via intermediate points to Afghanistan and beyond.

By: Paul Gretch



OST-2006-24703 - Exemption - US-Hong Kong All-Cargo

January 18, 2012

Application for Renewal of Exemption Authority

Southern applies for renewal of its exemption from 49 USC § 41101 authorizing Southern to engage in scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, directly or via any intermediate points, and Hong Kong and any third-country points. Southern requests that this renewed authority remain in effect for a period of two years or for such longer period as the Department may determine. Alternatively, Southern requests that this authority be included in its nonl-open-skies certificate requested by letter dated February 24, 2009, in response to the Department's February 13, 2009 notice In the A1alter olStreamlining Regulatory Procedures for Licensing US Air Carriers (Docket OST-2005-22228) should such certificate be issued before grant of the renewed exemption authority requested here.

Southern also has pending a US-Hong Kong certificate application in Docket OST-2006-25478 that should be dismissed as moot upon issuance ofthe requested non-open-skies certificate.

To Southern's understanding, the Department considers US-Hong Kong neither entry-limited nor frequency-limited, except that fifth-freedom markets are frequency-limited. Accordingly, approval of this application will not preclude any other US carrier from providing US-Hong Kong scheduled all-cargo service.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970


 

OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo Services

Filed January 18, 2012 | Issued February 7, 2012

Notice of Action Taken

Scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, directly or via any intermediate points, and Hong Kong and any third-country points.

Southern states that, with respect to Hong Kong services, only fifth freedom markets are frequency limited. We note that any operations serving intermediate or beyond points would be without local traffic rights unless it secures fifth-freedom Hong Kong frequencies for the carriage of local traffic.

Southern states that it has pending a U.S.-Hong Kong certificate application in Docket DOT-OST-2006-25478 that should be dismissed as moot upon issuance of the requested non-open-skies certificate.

By: Paul Gretch


 

OST-2010-0157 - Certificate and Exemption - US-China All-Cargo

May 21, 2012

Application for Renewal of Exemption Authority

Southern Air Inc. applies for renewal of its exemption from 49 USC § 41101 authorizing Southern to engage in scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, on one hand, and a point or points in the People's Republic of China, on the other hand, via intermediate points, and beyond China. Southern requests that this renewed authority remain in effect for a period of two years or for such longer period as the Department may determine, or until the Department issues effective authority in response to Southern's certificate application in this docket. Alternatively, Southern requests that this authority be included in its non-open-skies certificate requested by letter dated February 24, 2009, in response to the Department's February 13, 2009 notice.

Pursuant to its DOT and FAA authority, Southern currently operates a fleet of Boeing 747 and Boeing 777 freighter aircraft in foreign and domestic service.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974


 

OST-2010-0157 - Certificate and Exemption - US-China All-Cargo

Filed May 21, 2012 | Issued June 7, 2012

Notice of Action Taken

Renewal of scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, on the one hand, and a point or points in the People’s Republic of China, on the other hand, via intermediate points, and beyond China.

By: Paul Gretch


 


OST-2013-0040 - Russia Overflight Frequency Allocation

February 28, 2013

Application for Russia Overflight Frequency Allocation

Southern requests five weekly overflight frequencies for use between Leipzig, Germany and Hong Kong throughout the Summer 2013 traffic season. These frequencies will be utilized as part of the continuous around-the-world flights Southern has operated since 2011 and will operate throughout 2013, each of which serves one or two US points and two foreign points. Grant of the requested frequencies will enable Southern to avoid the inefficient and costly circumnavigation of Russian airspace it is presently forced to accept on the Leipzig-Hong Kong route. The resulting increase in efficiency, reduction in cost, and enhancement of competitiveness will allow Southern to provide faster, more cost-effective service benefitting its customers, the shipping public, and the environment.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970


 


OST-2009-0099 - Exemption - US-Afghanistan All-Cargo

March 1, 2013

Application for Renewal of an Exemption

Southern Air Inc. applies for renewal of its exemption from 49 USC § 41101 authorizing Southern to engage in scheduled foreign air transportation of property and mail between a point or points in the United States, via intermediate points, and a point or points in Afghanistan, and beyond. Southern requests that this renewed authority remain in effect for a period of two years or such longer period as the Department may determine. Alternatively, Southern requests that this authority be included in its non-open-skies certificate requested by letter dated February 24, 2009, in response to the Department's February 13, 2009 notice In the Matter a/Streamlining Regulatory Procedures for Licensing Us. Air Carriers (Docket OST-2005-22228) should such certificate be issued before grant of the exemption authority requested here.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970


 


OST-2013-0039 - Russia Overflight Frequency Allocation
OST-2013-0040 - Russia Overflight Frequency Allocation

Filed February 28, 2013 | Issued March 7, 2013

Notice of Action Taken

Polar Air Cargo - Allocation of 12 weekly Russia overflight frequencies for scheduled all-cargo services for the Summer 2013 traffic season. Polar states that it will use these frequencies to commence six weekly roundtrip flights between Leipzig, Germany, on the one hand, and on the other hand, any of the following points: (a) Incheon, Republic of Korea; (b) Hong Kong, Special Administrative Region of China; or (c) Shanghai, People’s Republic of China.

Southern Air - Allocation of five weekly Russia overflight frequencies for scheduled all-cargo services for the Summer 2013 traffic season. Southern states that it will use these frequencies on its existing flights between Leipzig, Germany, and Hong Kong.

On February 14, 2013, the United States and the Russian Federation agreed, ad referendum, on a protocol that amends, among other things, paragraph B of Section 2 of Annex IV to the US-Russia Air Transport Agreement, as amended. For additional information, see Notice Regarding Russia Overflight Opportunities and Inviting Applications dated February 22, 2013. The applications on which we are acting here were filed in response to that Notice.

By: Paul Gretch


 

OST-2009-0099 - Southern Air - US-Afghanistan All-Cargo
OST-2009-0090 - Evergreen - US-Afghanistan All-Cargo
OST-2009-0077 - Atlas Air - US-Afghanistan All-Cargo
OST-2009-0100 - Kalitta Air - US-Afghanistan All-Cargo

Flied February 19 and 25 and March 1, 2013 | Issued March 19, 2013

Notice of Action Taken

Atlas Air - Renewal of scheduled foreign air transportation of property and mail between the United States and Afghanistan, including authority to operate, via intermediate points, to Afghanistan and beyond.

Southern Air - Renewal of scheduled foreign air transportation of property and mail between the United States and Afghanistan, including authority to operate, via intermediate points, to Afghanistan and beyond.

Evergreen Int'l - Renewal of scheduled foreign air transportation of property and mail between the United States and Afghanistan, including authority to operate, via intermediate points, to Afghanistan and beyond.

Kalitta Air - Renewal of scheduled foreign air transportation of property and mail between the United States and Afghanistan, including authority to operate, via intermediate points, to Afghanistan and beyond.

By: Paul Gretch


 

OST-2010-0157 - Certificate and Exemption - US-China All-Cargo

Filed November 6, 2013 | Issued December 3, 2013

Notice of Action Taken

Renewal of scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, on one hand, and a point or points in the People’s Republic of China, on the other hand, via intermediate points, and beyond China.

By: Paul Gretch


 

OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo

December 4, 2013

Application for Renewal of Exemption

Southern Air applies for renewal of its exemptoin from 49 USC 41101 authorizing Southern to engage in scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, directly or via any intermediate points, and Hong Kong and any third-country points. Southern requests that this renewed authority remain in effect for a period of two years or for such longer period as the Department may determine.

Southern currently operates a fleet of Boeing 777 and 747 freighter aircraft in foreign and domestic service.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970


 

OST-2014-0014 - Statement of Authorization - US-China All-Cargo Codeshare with China Cargo Airlines

January 30, 2014

Application for Statement of Authorization

Southern Air Inc., pursuant to 14 CFR §§ 212.9 and 212.10, requests a blanket Statement of Authorization to enable Southern to place the airline designator code of China Cargo Airlines Ltd., an air carrier of the People's Republic of China, on scheduled all-cargo flights operated by Southern between the United States and China.

Southern and China Cargo have entered into a codeshare agreement whereby Southern's scheduled all-cargo flights operating on Chicago-Anchorage-Zhengzhou and Zhengzhou-Shanghai-Anchorage-Chicago routings will carry China Cargo's "CK" designator code in addition to Southern's "9S" designator code. The flights are scheduled to begin February 13, 2014, and will operate at an initial frequency of three times per week utilizing Southern's 8747-400 freighter aircraft.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974


 

OST-2014-0014 - Statement of Authorization - US-China All-Cargo Codeshare with China Cargo Airlines

February 3, 2014

Re: Polling Results

This is to notify the Department that polling of all carriers served with the referenced application has been completed. All carriers expressed no objection to the applicoation.

In view of the planned February 13 start-up date for the codeshare service, Southern Air would be grateful if the requested Statement of Authorization could be issued at the Department’s earliest convenience.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974


 

OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo

Filed December 4, 2013 | Issued February 5, 2014

Notice of Action Taken

Renewal of scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, directly or via any intermediate points, and Hong Kong and any third-country points.

By: Paul Gretch


 

OST-2014-0014 - Statement of Authorization - US-China All-Cargo Codeshare with China Cargo Airlines

Filed January 30, 2014 | Issued February 11, 2014

Notice of Action Taken

Southern requests a blanket statement of authorization allowing Southern to display China Cargo Airlines Ltd.’s designator code, CK, on scheduled all-cargo flights operated by Southern between the United States and China.

The codeshare agreement submitted by Southern states that Southern will carry China Cargo’s “CK” designator code on all-cargo Chicago-Anchorage-Zhengzhou and Zhengzhou-Shanghai-Anchorage-Chicago routings, scheduled to begin service on February 13, 2014, three times per week using Southern’s B747-400 aircraft. While the codeshare agreement only covers the two routings listed above, we are granting the broad US-China codeshare authority requested by Southern in its application.

By: Paul Gretch


 

OST-2010-0157 - Certificate and Exemption - US-China All-Cargo

October 2, 2015

Application for Renewal of Exemption Authority

Southern Air applies for renewal of its exemption from 49 USC § 41101 authorizing Southern to engage in scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, on one hand, and a point or points in the People's Republic of China, on the other hand, via intermediate points, and beyond China. Southern requests that this renewed authority remain in effect for a period of two years or for such longer period as the Department may determine, or until the Department issues effective authority in response to Southern' s certificate application in this docket. Alternatively, Southern requests that this authority be included in its non-open-skies certificate requested by letter dated February 24, 2009, in response to the Department's February 13, 2009 notice In the Matter of Streamlining Regulatory Procedures for Licensing US. Air Carriers (Docket OST-2005-22228) should such certificate be issued before grant of the renewed exemption authority requested here.

The Department initially granted exemption authority to Southern on July 21, 2010, m this docket. The Department determined that Southern was operationally and financially qualified to conduct the proposed operations and that grant of the authority was consistent with the US-China Air Transport Agreement, as amended.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974


 

OST-2006-24703 - Exemption - US-Hong Kong All-Cargo

December 4, 2015

Application for Renewal of Exemption Authority

Southern Air Inc. applies for renewal of its exemption from 49 USC § 41101 authorizing Southern to engage in scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, directly or via any intermediate points, and Hong Kong and any third-country points. Southern requests that this renewed authority remain in effect for a period of two years or for such longer period as the Department may determine. Alternatively, Southern requests that this authority be included in its non-open-skies certificate requested by letter dated February 24, 2009, in response to the Department's February 13, 2009 notice In the Matter of Streamlining Regulatory Procedures for Licensing US Air Carriers (Docket OST-2005-22228) should such certificate be issued before grant of the renewed exemption authority requested here.

Southern also has pending a US-Hong Kong certificate application in Docket OST-2006-25478 that should be dismissed as moot upon issuance of the requested non-open-skies certificate.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970




OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo Services

Filed December 4, 2015 | Issued January 26, 2016

Notice of Action Taken

Renewal of scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, directly or via any intermediate points, and Hong Kong and any third-country points.

Southern states that, with respect to Hong Kong services, only fifth freedom markets are frequency limited. We note that any operations serving intermediate or beyond points would be without local traffic rights unless it secures fifth-freedom Hong Kong frequencies for the carriage of local traffic.

Southern states that it has pending a US-Hong Kong certificate application in Docket OST-2006-25478 that should be dismissed as moot upon issuance of the requested non-open-skies certificate.

By: Brian Hedberg


 

OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo

November 21, 2017

Application for Renewal of Exemption Authority

Southern Air Inc. applies for renewal of its exemption from 49 USC § 41101 authorizing Southern to engage in scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, directly or via any intermediate points, and Hong Kong and any third-country points. Southern requests that this renewed authority remain in effect for a period of two years or for such longer period as the Department may determine.

It is Southern’s understanding that the Department considers the US-Hong Kong market neither entry-limited nor frequency-limited, except in respect to fifth-freedom operations which are frequency limited. Accordingly, approval of this application will not preclude any other US carrier from providing US-Hong Kong scheduled all-cargo service.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970


 

OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo

Filed November 21, 2017 | Issued December 6, 2017

Notice of Action Taken

Renewal of scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, directly or via any intermediate points, and Hong Kong and any third-country points.

Southern states that, with respect to Hong Kong services, only fifth freedom markets are frequency limited. We note that any operations serving intermediate or beyond points would be without local traffic rights unless it secures fifth-freedom Hong Kong frequencies for the carriage of local traffic.

Southern states that it has pending a US-Hong Kong certificate application in Docket OST-2006-25478 that should be dismissed as moot upon issuance of the requested non-open-skies certificate.

By: Brian Hedberg


 

OST-2002-12555 - Designation of Agent

May 10, 2018

Designation of Agent

Counsel: Atlas Air, Russell Pommer


 

OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo

October 2, 2019

Application for Renewal of an Exemption

By Notice of Action Taken, issued December 6, 2017, the Department renewed Southern's exemption authority to operate scheduled foreign air transportation of property and mail between a point or points in the United States, on the one hand, and Hong Kong, on the other, via intermediate points and beyond to points in third countries. Atlas' exemption authority was granted for a period of two years, through December 6, 2019. Southern utilizes this authority and wishes to renew it.

Counsel: Atlas Air, Russell Pommer, 202-822-9121


 

OST-2010-0157 - Certificate and Exemption - US-China All-Cargo

October 11, 2019

Application for Renewal of Exemption

Southern first received exemption authority to serve China in a Notice of Action taken dated July 21, 2010. Southern subsequently filed for renewals of the exemption including in 2015. However the Department has not taken action on the 2015 application. There were no objections raised.

Rather than continuing to rely on its existing authority, as provided by the Administrative Procedures Act, 5 USC § 558(c), Southern respectfully requests to have its long-pending application granted.

In 2016, Atlas Air Worldwide Holdings, Inc. acquired 100% of the shares of Southern. Order 2017-6-17, Order Proposing to Grant De Facto Transfer of Authority and Denying Request for a Public Fitness Investigation, OST-2016-0016 June 22, 2017.

Counsel: Atlas Air, Naveen Rao


 

OST-2006-24703 - Exemption - US-Hong Kong Scheduled All-Cargo

Filed October 2, 2019 | Issued October 22, 2019

Notice of Action Taken

Renewal of scheduled all-cargo foreign air transportation of property and mail between a point or points in the United States, on one hand, and a point or points in the People’s Republic of China, on the other hand, via intermediate points, and beyond China.

On October 11, 2019, Southern submitted a letter to the docket updating certain information in its October 2, 2015 application, and requesting Department action on the pending request to renew the exemption authority.

By: Brian Hedberg


 

OST-2010-0157 - Certificate and Exemption - US-China All-Cargo

November 20, 2020

Application for Renewal of an Exemption

By Notice of Action Taken, issued October 22, 2019, the Department renewed the exemption authorizing Southern to engage in scheduled foreign air transportation of property and mail between the United States and the People's Republic of China, including authority to operate via intermediate points and beyond. Southern's exemption authority was granted for a period of one year, through October 22, 2020.

Southern Air Inc. requests two-year renewal of its exemption authorizing it to provide scheduled foreign air transportation of property and mail between the United States and the People's Republic of China, including authority to operate via intermediate points and beyond.

Counsel: Atlas Air, Russell Pommer

 

OST-2010-0157 - Certificate and Exemption - US-China All-Cargo

November 25, 2020

Re: Polling Results

Southern Air Inc. has completed its poll of all completed its poll of all carriers served with its above-referenced application for renewal, filed November 20, 2020. Please be advised no air carrier objects to Southern Air’s application.

Counsel: Atlas Air, Naveen Rao


 

OST-2010-0157 - Certificate and Exemption - US-China All-Cargo

Filed November 20, 2020 | Issued December 3, 2020

Notice of Action Taken

Exemption for two years for scheduled foreign air transportation of property and mail between the United States and the People’s Republic of China, via intermediate points, and beyond.

By: Brett Kruger


 

OST-1996-1960 - Family Assistance Plan

January 27, 2021

Updated Family Assistance Plan

Counsel: Mietus Law, John Mietus


 

OST-1999-5670 - US-Chile
OST-1999-6591 - US-Luxembourg
OST-2006-25478
- Certificate - US-World Cargo Points
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Air Carriers
OST-2010-0157 - Certificate and Exemption - US-China All-Cargo

November 30, 2021

Re: Surrender of Certificate and Exemption Authorities

Southern Air Inc., a wholly-owned subsidiary of Atlas Air Worldwide Holdings, Inc., has surrendered its Air Carrier Certificate to the FAA, effective November 17, 2021. On that date, the FAA approved a single operating certificate for Atlas Air, Inc. that now includes aircraft and operations previously conducted by Southern Air.

Since Southern Air is no longer operating as an air carrier, Southern Air hereby informs the Department that it is surrendering its DOT certificate and exemption authorities, as listed in the attached chart.

Counsel: Hogan Lovells, Patrick Rizzi

 

 

Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office