UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 13, 2013

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2011-0084 _____________________________________________________________________________________________________________________

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 KALITTA AIR, LLC filed 4/26/13 for:

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of property and mail between any point or points between the 

United States and to any point or points in Brazil, via intermediate points, and beyond.

XX Extension of start-up date, for an additional 90 days, for the four (4) weekly U.S.-Brazil all-cargo 

frequencies allocated to Kalitta by Notice of Action Taken dated May 13, 2011.

XX Reallocation of three weekly frequencies for U.S.-Brazil all-cargo services.1

XX Waiver of the advance filing requirement of 14 CFR Part 377.10(c).

Applicant rep: Mark W. Atwood (202) 463-2513

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Granted, renewal of exemption authority to Kalitta (subject to conditions)

XX Denied, request for start-up date extension (see discussion below)

XX Denied, reallocation of three weekly frequencies (see discussion below)

XX Granted, waiver of advance filing requirement

The above action renewing exemption authority was effective when taken: May 13, 2013, through May 

13, 2015.

The above action denying the start-up date extension was effective when taken: May 13, 2013.

The above action denying the reallocation of three weekly frequencies was effective when taken: May 13, 

2013.

The above action granting a waiver of the advance filing requirement was effective when taken: May 13, 

2013.

 1 Kalitta states that the Department allocated seven frequencies to the carrier by Notice of Action Taken dated May

13, 2011, in this docket. Four were to become available on October 1, 2011 and three on October 1, 2012. In its 

motion, Kalitta states that the most recent start-up waiver was granted for four of the seven frequencies and is set to 

expire on June 30, 2013. Three frequencies have reverted to the Department. Kalitta has included a reallocation 

request for the reverted frequencies as part of its motion.
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, as amended. 

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

indicated: 

XX Holder’s certificates of public convenience and necessity 

 XX Standard exemption conditions (attached)

Discussion: We have already granted Kalitta three start-up extensions for the four U.S.-Brazil all-cargo 

frequencies allocated to it on May 13, 2011. It has provided no persuasive basis on the present record for 

us to conclude that it would institute service before the expiration of the fourth extension that it is seeking 

here. Similarly, Kalitta has not demonstrated on the record that it has firm current plans to use the three

U.S.-Brazil all-cargo frequencies which it now requests. 

In the circumstances presented, and taking into consideration the entire record before us, we find that the 

public interest would be best served by not further extending Kalitta’s start-up date and by instead 

reassigning the remaining four frequencies to the unallocated pool and by not reallocating Kalitta the 

three additional weekly U.S.-Brazil all-cargo frequencies it requests. 

_____________________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the 

applicant qualified to provide the exemption services authorized.

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 

Docket. 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 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 Conditions

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 contained 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 Department, 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 applicable 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 be 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 holder is in compliance 

with the conditions imposed above.

 

1/2008