UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

 

Served: April 6, 2011

NOTICE INVITING APPLICATIONS

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

combination and scheduled all-cargo frequencies that become available on October 1, 

2011 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 have 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 comity 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, provided that the Agreement 

has entered into force, all 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 may 

apply immediately.

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 frequencies 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. Effective 

October 1, 2014, U.S. carriers may operate 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 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 are available October 1, 2011, 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 available 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. carriers 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 addresses: 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 frequencies 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 statement 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 (not 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 this 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