ABX Air, Inc., Capital Cargo International Airlines, Inc. and Air Transport International Limited Liability Company

OST-2007-0068 - Pendente Lite Exemption - Certificate Transfer

November 8, 2007

Joint Application for Pendente Lite Exemption

ABX Air, Capital Cargo International Airlines, Inc. and Air Transport International Limited Liability Company hereby request an exemption pendente lite to allow the continued operations by CCIA and ATI of international authority while under common ownership with ABX Air, pending action by the Department on a de facto certificate transfer application filed simultaneously with this application. The Joint Applicants respectfully request a decision by the Department on this application by December 14, 2007 in order to allow the parties to coordinate the closing of the transaction by as early as the end of this year.

Counsel: Capital Cargo, George Golder, 4047-517-0290 for Capital Cargo and ATi / Silverberg Goldman, Robert Silverberg, 202-944-3304, rsilverberg@sgbdc.com for ABX

Order 2007-12-28
OST-2007-0068 - Pendente Lite Exemption - Certificate Transfer

Issued and Served December 27, 2007

Order Granting Exemption

We have decided to grant the Joint Applicants' request for an exemption from the provisions of section 41105 until we have ruled on the de facto transfer request. The Joint Applicants correctly noted that our grant of exemptions in cases such as this is contingent upon the carriers involved, in this case ABX, CCIA, and ATI remaining separate and independently operated corporations until a ruling has been made in the underlying defacto transfer case. In this case, as in previous cases, we see no reason to withhold exemption authority pending Departmental action on the certificate transfer application. As long as ABX, CCIA, and ATI remain separate entities, should we disapprove the proposed transfer, either in whole or in part, ABX Holdings could divest itself of CCIA and ATI. The Joint Applicants should not construe our grant of this exemption as a decision to approve the related defacto transfer application or any aspect of that application

By: Michael Reynolds

Order 2007-6-18 - Disclaiming of Jurisdiction Over Formation of ABX Holdings
OST-2007-0067 - Transfer of International Authority