Kalitta Air, LLC 

Docket DOT-OST-2011-0084 

for Certificate and Exemption Authority 

and Allocation of Frequencies 

(U.S.-Brazil All-Cargo) 

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_____________________________ ) 

APPLICATION OF KALITTA AIR, LLC 

FOR RENEWAL OF AN EXEMPTION 

Communications with respect to this document should be addressed to: 

March 12, 2015 

Mark W. Atwood 

Cozen O'Connor 

The Army and Navy Club Bldg. 

1627 I Street, NW 

Washington, DC 20006 

(202) 463-2513 

matwood@cozen.com 

Counsel for Kalitta Air, LLC 

NOTE: Any person may support or oppose this application by filing an answer and 

serving a copy of the answer on counsel for Kalitta Air, LLC and all persons listed on the 

attached service list. Answers to this exemption renewal application are due on or 

before March 27, 2015. 
Kalitta Air, LLC 

Docket DOT-OST-2011-0084 

for Certificate and Exemption Authority 

and Allocation of Frequencies 

(U.S.-Brazil All-Cargo) 

) ) 

) 

) ) 

) 

_____________________________ ) 

APPLICATION OF KALITTA AIR, LLC 

FOR RENEWAL OF AN EXEMPTION 

Pursuant to 14 U.S.C. § 40109 and Subpart C of the Department's Procedural 

Rules (14 C.F.R. §§ 302.301 et seq.), Kalitta Air, LLC ("Kalitta Air" or "Kalitta") hereby 

requests renewal of its exemption from 49 U.S.C. § 41101 to permit it to operate 

scheduled foreign air transportation of property and mail between any point or points in 

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

Kalitta requests that its exemption be renewed for an additional two years or for such 

longer period as the Department deems appropriate.1 Kalitta invokes the automatic 

extension provisions of 5 U.S.C. § 558(c) and Part 377 of the Department's Special 

Regulations to ensure the continued effectiveness of its exemption pending final action 

by the Department on this application. 

In support of its application, Kalitta states as follows: 

1. Kalitta Air is a Michigan limited liability company. It is a citizen of the 

United States within the meaning of the Statute, in that it is entirely owned by Mr. 

1 On April 21 , 2011 , Kalitta Air applied in the above-captioned docket for a certificate of public 

convenience and necessity to operate U.S.-Brazil all-cargo service. That application remains pending. 

1 
points in the United States, via intermediate points, to any point or points in Brazil, and 

beyond. The exemption authority was most recently renewed on May 13, 2013, and 

expires on May 13, 2015.2 

3. Kalitta Air now seeks renewal of its exemption authority to provide 

scheduled all-cargo service between the U.S. and Brazil. Although Kalitta is not 

currently operating scheduled all-cargo service in the U.S.-Brazil market due to weak 

economic conditions in Brazil, it plans to operate U.S.-Brazil all-cargo service as soon 

as economic conditions generate sufficient demand for its service. 

4. Kalitta Air has repeatedly been found fit, willing and able to provide the 

kind of air transportation contemplated herein. It holds a Certificate of Public 

Convenience and Necessity for scheduled interstate cargo air transportation. This 

certificate was issued by Order 2000-11-27 dated November 29, 2000. Kalitta Air also 

holds blanket Open Skies certificate authority as issued by Order 2007-7-14, as well as 

exemption authority, allowing it to provide foreign air transportation to points in Asia, 

Europe and the Middle East. 3 

2 Notice of Action Taken dated May 13, 2013, Docket DOT-OST-2011-0084. 

3 Notice of Action Taken dated May 30, 2013, Docket DOT-OST-2002-12525 (U.S.-Hong Kong all-cargo); 

Notice of Action Taken dated May 29, 2012, Docket DOT-OST-2010-0017 (U.S.-China all-cargo)(renewal 

pending); Notice of Action Taken dated March 19, 2013, Docket DOT-OST-2009-0100 (U.S.-

Afghanistan)(renewal pending). 

2 
allows U.S. airlines to operate from points behind the United States via the United 

States and intermediate points to any point or points in Brazil and beyond. 4 

6. As noted above, Kalitta wishes to invoke section 558(c) of the 

Administrative Procedure Act (5 U.S.C. § 558(c}, as implemented under 14 C.F.R. Part 

377, pending DOT action on this renewal request. This renewal application is being 

filed in a "timely and sufficient" manner as required by the statute. 

WHEREFORE, Kalitta Air requests that the Department renew its exemption 

from the requirements of 49 U.S.C. § 41101 to the extent necessary to permit the carrier 

to operate scheduled foreign air transportation of property and mail between a point or 

points in the United States and a point or points in Brazil, via intermediate points, and 

beyond. Kalitta requests that this authority be renewed for a period of two years. 

Dated: March 12, 2015 ~dCozen Mark WO'Connor . Atwood ~ The Army and Navy Club Bldg. 1627 I Street, NW Washington, DC 20006 (202) 463-2513 matwood@cozen.com Counsel for Kalitta Air, LLC 

4 Air Transport Agreement Between the Government of the United States of America and the Government 

of the Federative Republ ic of Brazil, Article 2, March 19, 2011 . 

3 
John S. Duncan FAA john.s.duncan@faa.gov 

Robert Silverberg ABX Air, Inc. and Air rsilverberg@sgbdc.com 

Transport lnt'l 

Howard Kass American Airlines howard.kass@aa.com 

Robert Wirick robert.wirick@aa.com 

Abigail Donovan Abigail.donovan@aa.com 

John Richardson Amerijet lnt'l jrichardson@johnlrichardson.com 

Joan M. Canny jcanny@amerijet.com 

Russell Pommer Atlas Air rpommer@atlasair.com 

John R. Mietus Centurion Air Cargo, john@mietuslaw.com 

Inc. 

Sascha Vanderbellen Delta Airlines sascha.vanderbellen@delta.com 

Christopher Walker christopher.walker@delta.com 

Nancy S. Sparks Fed Ex nssparks@fedex.com 

Courtney E. Felts cefelts@fedex.com 

Kevin Montgomery Polar Air Cargo kevin.montgomery@polaraircargo.com 

Aaron Goerlich Southern Air agoerl ich@gg h-ai rlaw. com 

Dan Weiss United Air Lines, Inc. dan.weiss@united.com 

Steve Morrissey steve.morrissey@united.com 

Gerald Murphy gmurghy@crowell.com 

Anita Mosner UPS anita.mosner@hklaw.com 

Jennifer Nowak jennifer.nowak@hklaw.com 

LEGAL\22259338\1 

4