UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 24, 2012

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0079

_______________________________________________________________________________________

This serves as notice to the public of the actions described below, taken by the Department official indicated 

(no additional confirming order will be issued in this matter).

Application of AMERICAN AIRLINES, INC. (American) filed 5/16/12 for:

XX Allocation of 10 U.S.-Brazil weekly combination frequencies that became available October 1, 2011, to 

provide seven additional weekly flights in the New York-Sao Paulo market effective October 1, 2012,

1 and

three additional weekly flights in the Miami-Recife or Miami-Salvador markets effective November 15, 

2012.2

XX Allocation of 7 of the 28 U.S.-Brazil weekly combination frequencies that become available as of 

October 1, 2012, to provide additional Miami-Rio de Janeiro service effective December 15, 2012.

Applicant rep: Carl B. Nelson (202) 496-5647 DOT Analyst: Brett D. Kruger (202) 366-8025 

DISPOSITION

XX Granted allocation of 10 U.S.-Brazil frequencies that became available October 1, 2011 (subject to 

conditions, see below)

XX Granted allocation of seven U.S.-Brazil frequencies that become available October 1, 2012 (subject 

to conditions, see below)

The above actions allocating frequencies were effective when taken: May 24, 2012, and will remain in 

effect indefinitely, subject to the conditions below.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

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

Brazil and the Memorandum of Consultations signed on March 19, 2011.

 1 American states that it will establish a second daily New York-Sao Paulo service by redeploying seven of its existing 

unrestricted frequencies currently used in the Miami-Rio de Janeiro market to the New York-Sao Paulo market, and that 

it will use the frequencies requested here to continue its daily Miami-Rio de Janeiro service. 2 American states that it will use the three frequencies requested here, in combination with the seven frequencies it 

currently uses to provided daily Miami-Recife-Salvador-Miami service, to offer instead nonstop flights five days per

week in the Miami-Recife market and five days per week in the Miami-Salvador market.
Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

XX American’s certificates of public convenience and necessity 

_______________________________________________________________________________________

Conditions: The frequencies allocated here are subject to restrictions on the Brazilian points that may be 

served. With respect to the 10 frequencies allocated to American that became available October 1, 2011, we 

note that 7 of the frequencies may be used at any point or points in Brazil, except Sao Paulo Terminal; and 

three of the frequencies may be used to serve any point or points in Brazil, except Rio de Janeiro and Sao 

Paulo Terminal. With respect to the seven frequencies allocated to American that become available as of 

October 1, 2012, we note that they may be used at any point or points in Brazil, except Sao Paulo Terminal.

Consistent with our standard practice, the frequencies allocated here are subject to our standard 90-day 

dormancy condition, wherein any frequency not operated for a period of 90 days (once inaugurated and for 

any reason other than seasonal use), will be deemed dormant and the allocation as to that frequency will 

expire automatically and the frequency will revert to the Department for reallocation.

In addition, consistent with our practice in awarding U.S.-Brazil frequencies, we will require that American 

inaugurate service with the frequencies allocated here within 90 days of its proposed startup dates of October 

1, 2012, for American’s proposed redeployment of Miami-Rio de Janeiro frequencies; November 15, 2012, 

for American’s proposed Miami-Recife and Miami-Salvador service; and December 15, 2012, for 

American’s proposed Miami-Rio de Janeiro service (i.e., by December 30, 2012, February 13, 2013, and 

March 15, 2013, respectively). Failure to inaugurate service with a newly allocated frequency by those dates

will result in the unused frequency reverting to the Department.

Remarks: We acted on the application without awaiting expiration of the 15-day answer period with the 

consent of all parties served with the application.

With our action here, there are three U.S.-Brazil combination frequencies available for allocation to U.S. 

carriers for operations beginning immediately.

3

 Also available are 21 U.S.-Brazil combination frequencies 

that become available October 1, 2012.4

_______________________________________________________________________________________

Under authority assigned by the Department in its regulations, 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 

(3) grant of the authority would not constitute a major regulatory action under the Energy Policy and 

Conservation Act of 1975. To the extent not granted, we denied all requests in the referenced Dockets. We 

may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our 

discretion.

Persons entitled to petition the Department for review of the actions 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

 3 These unallocated frequencies may be used to serve any point or points in Brazil, except Rio de Janeiro and Sao Paulo 

Terminal.

4 14 of these unallocated frequencies may be used to serve any point or points in Brazil, except Rio de Janeiro and Sao 

Paulo Terminal; and 7 of these unallocated frequencies may be used to serve any point or points in Brazil, except Sao 

Paulo Terminal.