UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on December 21 , 20 11

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

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_______________________________________________________________________________________________ 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).

Applicant : WHITEJETS TRANSPORTES AEREOS LTDA. (Whitejets) Date Filed: December 6 , 2011

Relief requested : Remov al of the condition placed upon the applicant in Order 2011

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- 15 that requires it to obtain prior approval in the form of a statement of authorization to conduct Brazil

- U.S. charters.

D ate and citation of last action: Order 2011

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- 15, March 11 , 20 1 1 , in this Docket

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Applicant representative: Carol Gosain (202) 429

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DOT analyst: Brett D. Kruger ( 202 ) 366

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Responsive pleadings: None.

DISPOSITION

Action: Approved removal of prior approval condition from Order 2011

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, dismissed as moot request s for exemption and ame nded foreign air carrier permit

. 1 (See remarks below)

Action date: December 21 , 20 11 2

Effective date: December 21 , 2011

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Basis for approval (bil ateral agreement/reciprocity): U.S.

- Brazil Air Transport Agreement.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption conditions (attached).

Remarks: By Order 2011

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- 15, we granted the applicant’s request for a foreign air carrier permit to conduct c harter foreign air transportation of persons, property, and mail between any point or points in Brazil and any point or points in the United States, subject to the condition that the applicant shall not perform any charter(s) unless specific authority in the form of a statement of authorization for such charter(s) has b een granted by the Department.

In light of the further liberalization of the U.S.

- Brazil Air Transport Agreement, we have determined that the prior approval condition on charters between Brazil and the United States is no longer in the public interest

, and we grant the applicant’s request by for relief by striking that condition from ordering paragraph one of Order 2011

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- 15. T he applicant must still obtain prior approval from the Department pursuant to Part 212 before conducting other charter operatio ns

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Action taken by: Paul L. Gretch, Director, Office of International Aviation

______________________________________________________________________________________________ __________ Under authority assigned by the Department in its regulations, 14 C FR Part 385, we found that (1) our action was consistent with Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consist ent

1 To effectuate its request for removal of the prior approval requirement, the applicant requested an exemption and amended foreign air carrier permit

. In light of our removal of the prior approval condition from Order 2011

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- 15, we will dismiss these two
requests as moot.

2 We acted on the request before the expiration of the answer period with the consent of all parties served.with the public interest; and (4) grant of the authority would no t constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Noti ce 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 regulati ons, 14 CFR §385.30, may file their petitions within seven (7) days after the d ate 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