Served: June 11, 20 10

Brazil Car go Charter Authorizations

20 10 /20 1 1

By Order 2009

- 1

- 5 , we decided to further simplify and liberalize our procedures for distribut ing the annual

round

- trip all

- cargo charters available to U.S. carriers for operations in the U.S.

- Brazil market

. 1 We retaine d 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 , main taining the balance in an

ad hoc charter pool for distribution on a first

- come, first

- served basis. However, u nder the newly revised

procedures, a carrier that receives an advance allotment may opt out of it s 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 20 10 /201 1 charter year ( July 1, 20 10

- June 30, 201 1 )

. 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 2 5 4 flights to Florida West International Airways , 95 flights to Southern Air for operations for all

cargo charter operations for the 20 10 /20 1 1 charter year

. The remainin g 901 charters 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 Aviatio n, by electronic mail, no later than 1 0 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 fligh ts operated from the charter pool for

operations in the 20 10 /20 1 1 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 Jul y 1 through September 30, only those carriers that have no t 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 operat e up to 20 charters per month;

(b) Any c arrier that has receiv ed 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 mont h, 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. Wh ere 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 beginn ing 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 po ol 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 15 th 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 charter er (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 requirement s set forth in Order 2009

- 1

- 5, ordering

par a graph s 2 G and 2H

.

By:

Paul L. Gretc h

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 i n 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 appro val dated May 5

, 20 10

, 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 MA Y 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)

200 8 200 9 Average

Florida West 312 195 25 4

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.