UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 13, 2011

 NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2011-0083 and DOT-OST-2011-0084

_______________________________________________________________________________________

This serves as notice to the public of the actions described below, taken by the Department official indicated 

(no additional confirming order will be issued in this matter).

Docket DOT-OST-2011-0083

Application of AMERIJET INTERNATIONAL, INC. (Amerijet) filed 4/21/11 for:

XX Exemption under 49 U.S.C. 40109 to provide the following services:

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

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

beyond. Amerijet also requests authority to integrate these services with its existing exemption and 

certificate authority.

XX Allocation of three weekly frequencies that are currently available for U.S.-Brazil all-cargo services; 

and allocation of four of the 14 weekly frequencies that become available October 1, 2011, for U.S.-Brazil 

all-cargo services.

Docket DOT-OST-2011-0084

Application of KALITTA AIR, LLC (Kalitta) filed 4/21/11 for:

XX Exemption under 49 U.S.C. 40109 to provide the following services:

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

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

beyond.1

XX Allocation of four of the 14 weekly frequencies that become available October 1, 2011, for U.S.-Brazil

all-cargo services; and allocation of three of the 14 weekly frequencies that become available October 1, 

2012, for U.S.-Brazil all-cargo services.

Applicant reps: John L. Richardson (202) 371-2258 (Amerijet) and

Mark W. Atwood (202) 463-2513 (Kalitta)

DOT Analyst: Brett D. Kruger (202) 366-8025 

DISPOSITION

XX Granted, in part, exemption authority to Amerijet (subject to conditions, see remarks below)

XX

 1 Kalitta also requests certificate authority for U.S.-Brazil all-cargo services, which we will address subsequently.

 Granted, in part, exemption authority to Kalitta (subject to conditions, see remarks below)
XX Granted allocation of seven frequencies to Amerijet (subject to conditions, see below)

XX Granted allocation of seven frequencies to Kalitta (subject to conditions, see below)

XX Balance dismissed (see remarks below)

The above action granting exemption authority to Amerijet was effective when taken: May 13, 2011, 

through May 13, 2013.

The above action granting exemption authority to Kalitta was effective when taken: May 13, 2011, through 

May 13, 2013.

The above actions allocating frequencies to Amerijet and Kalitta were effective when taken: May 13, 2011,

and will remain in effect indefinitely, subject to the conditions below.

The above action dismissing the balance of the applicants’ requests was effective when taken: 

May 13, 2011.

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 Amerijet’s certificates of public convenience and necessity 

XX Kalitta’s certificates of public convenience and necessity

XX

_______________________________________________________________________________________

Standard Exemption Conditions (attached)

Conditions: Consistent with our standard practice, the frequencies allocated here are subject to our standard 

90-day dormancy condition, wherein any frequency not operated for a period of 90 days (once inaugurated 

and for any reason other than seasonal use), will be deemed dormant and the allocation as to that frequency 

will expire automatically and the frequency will revert to the Department for reallocation.

In addition, consistent with our practice in awarding U.S.-Brazil frequencies, we will require that Amerijet

and Kalitta inaugurate service with the frequencies allocated here within 90 days of their respective proposed 

startup dates, as follows: 90 days from the date of this notice for Amerijet’s proposed service using the three 

currently available frequencies; 90 days from October 1, 2011, for Amerijet and Kalitta’s proposed October

2011 service; and 90 days from October 1, 2012, for Kalitta’s proposed October 2012 service. Failure to 

inaugurate service with a newly allocated frequency within 90 days of the proposed startup date will result in 

the unused frequency reverting to the Department.

Remarks: We dismiss the applicants’ applications to the extent that they request authority to conduct 

operations from points behind the United States. Such authority is inherent in the authority that we award 

U.S. air carriers to perform foreign air transportation.

With respect to Amerijet’s request for route integration authority, we note that by Order 2010-12-24, the 

Department renewed Amerijet’s blanket route integration certificate. Therefore, we dismiss this portion of 

Amerijet’s request.
With our action here, there are no U.S.-Brazil all-cargo frequencies available for allocation to U.S. carriers 

for immediate operations, there are six U.S.-Brazil all-cargo frequencies available for allocation to U.S. 

carriers for operations beginning October 1, 2011, and there are 11 U.S.-Brazil all-cargo frequencies 

available for allocation to U.S. carriers for operations beginning October 1, 2012 (See Notice Inviting 

Applications dated April 6, 2011).2

_______________________________________________________________________________________

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

applicants 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 or dismissed, we denied all requests in the referenced 

Dockets. 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 actions 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

 2 Our April 6, 2011, Notice Inviting Applications also sought applications from interested U.S. carriers for the U.S.-

Brazil combination frequencies that become available on October 1, 2011, and October 1, 2012. We are acting 

concurrently on those requests.
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.

 

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