Served: June 11, 2010

Brazil Cargo Charter Authorizations

2010/2011

By Order 2009-1-5, we decided to further simplify and liberalize our procedures for distributing the annual 

round-trip all-cargo charters available to U.S. carriers for operations in the U.S.-Brazil market.

1

 We retained the 

procedures for allotting charters in advance, through the annual charter notice, to carriers that have operated an 

average total of at least 20 all-cargo charters over the previous two calendar years, maintaining the balance in an 

ad hoc charter pool for distribution on a first-come, first-served basis. However, under the newly revised 

procedures, a carrier that receives an advance allotment may opt out of its advance allotment within 10 days of 

issuance of the annual charter notice.2

 

One thousand two hundred fifty annual round-trip all-cargo charters are available to U.S. carriers for operations 

in the U.S.-Brazil market for the 2010/2011 charter year (July 1, 2010- June 30, 2011). Based on the above and 

our analysis of carrier operations in the Brazil all-cargo charter market, which is attached, we issue an advance 

allotment of 254 flights to Florida West International Airways, 95 flights to Southern Air for operations for allcargo charter operations for the 2010/2011 charter year. The remaining 901charters are reserved in a charter 

pool for distribution on a first-come, first-served basis. 

Order 2009-1-5 requires each carrier issued an advance allotment to advise the U.S. Air Carrier Licensing 

Division (X-44), Office of International Aviation, by electronic mail, no later than 10 days after issuance of this 

notice of how many of the flights in its advance allotment it has plans to operate and how many it is returning to 

the charter pool.3

 The advance allotment issued by this notice and flights operated from the charter pool for 

operations in the 2010/2011 charter year are subject to the conditions and procedures established for such flights 

in Order 2009-1-5. These procedures include, but are not limited to, the following:

(a) For the period July 1 through September 30, only those carriers that have not received and accepted an

advance allotment may have access to the ad hoc charter pool; distributions will be made on a first-come, 

first-served basis and eligible applicants may request and operate up to 20 charters per month;

(b) Any carrier that has received and accepted an advance allocation is not eligible to obtain flights from the 

ad hoc charter pool during the first three months of the charter year, i.e., until October 1. Beginning 

October 1, a carrier that has received and accepted an advance allotment may request and operate up to 20 

charters per month;

 1 For additional background on these changes, see Order 2008-11-10 and cases cited therein. 2 Additional liberalized procedures include an increase in the per-month limit of all-cargo charters that may be distributed 

from the ad hoc charter pool to eligible U.S. carriers from 10 flights per month to 20 flights per month, and an expanded 

advance filing period for distribution requests.

3

 We remind carriers receiving advance allotments of the importance of returning charters promptly at any time should the 

plans on which the allocations were accepted not materialize. Where charter rights are limited, it is imperative that full, 

effective use be made of the available charter opportunities.

 UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, DC 

NOTICE 
(c) A carrier holding scheduled authority (combination or all-cargo) in the U.S.-Brazil market may have 

access to the ad hoc charter pool beginning May 1; 4

(d) Beginning May 1, there are no restrictions on the number of charters for which a carrier may apply for 

each month remaining in the charter year;

(e) Carriers may continue to request distributions of flights on an ad hoc basis from the charter pool within 30 

days of the proposed date of operation. Requests for distributions from the ad hoc charter pool may also 

be filed for an entire calendar month, beginning on the 15th day of the prior month; and 

(f) Each application must identify (a) the number of flights requested, (b) proposed flight dates, including a 

four-day service window, (c) the charterer(s), (d) the city-pair, and markets involved by direction. Copies 

of the charter contract, or some form of written evidence of the charter commitment is required at the time 

a distribution from the ad hoc charter pool is requested.

We remind carriers of the importance of the reporting requirements set forth in Order 2009-1-5, ordering 

paragraphs 2G and 2H.

By:

 Paul L. Gretch

Director,

 Office of International Aviation

(SEAL)

Attachment

 4 Centurion Air Cargo may continue, to the extent necessary, to request charters from the ad hoc charter pool for the 

reasons stated in the waiver approved on September 10, 2008 (undocketed). Centurion is continuing efforts to secure 

foreign government approval for its scheduled U.S.-Brazil services and has been granted an additional start-up waiver in 

this regard. See the waiver approval dated May 5, 2010, in Docket DOT-OST-2008-0228.
 2008 CALENDAR YEAR 

CARRIER JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL

Florida West 0 28 23 29 39 33 31 23 27 26 32 21 312

Southern Air 8 24 13 11 18 13 3 6 9 23 4 5 137

Atlas 5 6 1 7 5 0 1 3 9 8 21 21 4 86

Gemini 0 1 1 2 11 16 0 0 0 0 0 0 31

 2009 CALENDAR YEAR

CARRIER JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL

Florida West 10 13 19 19 18 15 17 17 16 17 22 12 195

Southern Air 3 3 6 4 17 19 0 0 0 0 0 0 52

Gemini 0 0 0 0 0 0 0 0 0 0 0 0 0

TWO-YEAR AVERAGE (2008/2009)

2008 2009 Average

Florida West 312 195 254

Southern Air 137 52 95

 Gemini 31 0 16 6

 5 Atlas secured its foreign government approval for its scheduled U.S.-Brazil services in 2008, and is therefore not currently eligible for a 2010/2011 Charter 

Allotment.

6 Gemini Air will not receive an allotment for the 2010/2011 charter year because it did not operate an average of at least 20 charters due, in part, to its 

suspension of operations.