UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on July 13 , 20 10

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 1996

- 1196

__________________ ____________________________________________________________________________ ____________ ___________ 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 FEDERAL EXPRESS CORPORATION (FEDEX EXPRESS) filed 7/1 / 10

, for:

XX Renewal of e xemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign all

- cargo air transportation between a point or points in the United States and

certain named points in Brazil, either directly or via intermediate points

. 1

Applicant rep: Nancy S. Sparks (202) 628

- 0679 DOT Analyst: Brett D. Kruger (202) 366

- 8025

D I S P O S I T I O N

XX Grante d (subject to conditions, see below)

XX Granted waiver of advance filing requirement under Part 377 2

The above action was effective when taken: July 13 , 20 10

, through July 13 , 20 1 2

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United St ates and

Brazil

.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX Holder’s certi ficate of public convenience and necessity

XX

_____________________________________________________________________________________ Standard exemption conditions (attached)

Remarks : We acted on this application without awaiting expiration of the 1 5

- day answer period with the consent of all parties served with the application.

Conditions: The authority granted to serve intermediate points is limited to countries with which the United States has signed open

- skies agreements and/or countries for whi ch the carrier holds authority to serve under certificates or exemptions issued by the Department, and for which it holds route integration authority by virtue of other action of the Department.

_____________________________________________________________ ________________________ On the basis of data officially noticeable under Rule 24(g) of the Department's regu lations, we found the applicant qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulati ons, 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

1 The points in Brazil that FedEx Express is authorized to serve are: Porto Alegre, Recife, Belo Horizonte, Salvador de
Bahia, Belem, Manaus, Brasilia, Rio de Janeiro and Sao Paulo.

2 In the circumstances presented, including the absence of opposition to the application, we will grant the carrier a waiver of the advance filing requirement , as requested

.(3) grant of the authority would not constitute a major regulatory action under the Energy Pol icy 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 petitio n 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: http://www.regulations.gov

### Attachment

U.S. Carrier Exemption C onditions

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 co ntained 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 Departmen t, 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 appli cable 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 Principal Security Inspector (PSI) to advise the PSI 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 ;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may b e 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 hol der is in compliance with the conditions imposed above.

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