UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Served: April 6, 20 1 1

NOTICE INVITING APPLICATIONS

By this Notice, we invite U.S. air carriers to file applications for the schedule d

combination and scheduled all

- cargo frequencies that become available on October 1,

201 1 and October 1, 2012 , as set

- out in the Memorandum of Consultations (MOC) between the United States and Brazil dated March 18, 2011

.

The United States and Brazil hav e reached an ad referendum agreement (the Agreement)

that will establish Open Skies between the United States and Brazil by October 2015. Until the exchange of diplomatic notes bringing the Agreement into force, the terms of the MOC will be applied on a c omity and reciprocity basis. The four

- stage increase in frequencies available for scheduled combination and all

- cargo services provided for by the MOC will apply until October 1, 2015

. On that date, p rovided that the Agreement has entered into force, a ll numerical and destination limitations on frequencies will be

removed

.

Summarized below are the newly available opportunities for combination and all

- cargo services followed by a description of the opportunities for which U.S. air carriers ma y apply imm ediately.

Scheduled Combination Services

Under the terms of the MOC , the number of weekly frequencies available to U.S. carriers for scheduled combination services will increase, in four stages

, until all numerical and

destination limitations on frequenc ies are eliminated in October 2015. Effective on both October 1, 2011 , and October 1, 2012 , U.S. carriers may operate (1) an additional 14 frequencies to any point or points in Brazil, except Sao Paulo Terminal ; 1

1 For all references in this Notice, Sao Paulo Terminal means Guarulhos International Airport and Viracopas International Airport. and (2) an additional 14 frequencies to any point or points in Brazil, except Rio de Janeiro and Sao

Paulo Terminal. Effective October 1, 2013, U.S. carriers may operate (1) an additional 14 frequencies to any point or points in Brazil; (2) an additional 14 frequencies to any point or points in Brazil, except Sao Paulo Terminal; and (3) an additional 14 frequencies to any point or points in Brazil, except Rio de Janeiro and Sao Paulo Terminal. E ffective October 1, 2014, U.S. carriers may operate an additional 14 frequencies to any point or poin ts in Brazil; (2) an additional 14 frequencies to any point or points in Brazil, except Sao Paulo Terminal; and (3) an addition al 21 frequencies to any point or points in Brazil, except Rio de Janeiro and Sao Paulo Terminal.2 Scheduled All

- Cargo Services

Under the terms of the MOC , the number of weekly frequencies available to U.S. carriers

for scheduled all

- cargo services will increase in four stages during the transitional period.

Effective each October 1 from 2011 to 2014, an additional 14 frequencies will become

available to U.S. carriers for scheduled all

- cargo service to any point or points in Brazil. 2

Applications

So that we may promptly allocate these new opportunities , by this Notice we are soliciting applications for the new frequencies that ar e available October 1, 201 1

, and October 1, 2012, for scheduled combination and all

- cargo services, and for underlying economic authority (certificate/exemption) to the extent necessary. We will entertain applications for the frequencies that become avail able in 2013 and 2014 in a future proceeding, to be announced by the Department. Applications for the opportunities

available in 2011 and 2012 should be filed no later than 15 days from the service date of this Notice, and should be served on all U.S. car riers operating large aircraft. Applications should conform to Part 302, Subpart C, of our regulations (14 CFR Part 302).

All applications should be filed with the U.S. Department of Transportation, 1200 New Jersey Avenue, S.E., West Building Ground Floor , Room W12

- 140, Washington, D.C.

20590. 3 Applicants are instructed to submit a courtesy copy via electronic mail to the following email address es : Brett.Kruger@dot.gov and Esta.Rosenberg@dot.gov

. Applications should include, at a minimum, the points in the United States, Brazil, and third countries to be served; whether the applicant is seeking frequencies available in 2011, 2012 or both ; the number of weekly frequencie s requested for each of the proposed services; the proposed start

- up date(s); the type of service proposed (year

- round or seasonal); and the type of aircraft to be used, its capacity, and the availability of that

aircraft. For all of the proposed services applications should indicate any variation of frequencies/routings by traffic season, if applicable. Applicants should state the minimum number of frequencies they are willing to accept; prioritize multiple requests, where applicable ; and include a statem ent as to whether the applicant would use the authority granted if the Department grants only a portion of the request. Applicants may submit any additional information that they believe will help us in awarding the subject authority.

2 There are currently three U.S.

- Brazil scheduled all

- cargo frequencies available for allocation.

3 Filings should be on 8

- 1/2” X 11” white paper using dark ink (no t green) and be unbound without tabs, which will expedite use of our docket imaging system. In the alternative, filers are encouraged to use the electronic submission capability available through the Federal Dockets Management System internet site ( http://www.regulations.gov ) by following the instructions on that web site.3 We will serve thi s Notice by electronic mail on certificated U.S. carriers operating large aircraft, the U.S. Department of State (Office of Aviation Negotiations), the Federal Aviation Administration (AFS

- 200), and the Ambassador of the Federative Republic of

Brazil.

By:

PAUL L. GRETCH Director, Office of International Aviation (SEAL)

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov