UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on May 13 , 20 1 1

NOTICE OF ACTION TAKEN

-- DOCKET S DOT

- OST

- 20 1 1

- 008 3 and DOT

- OST

- 201 1

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_ ______________________________________________________________________________________ This serves as notice to the public of the action s described below, taken by the Department official indicated (no additional confirming order will be issued in thi s matter).

Docket DOT

- OST

- 2011

- 0083

Application of AMERIJET INTERNATIONAL , INC. ( Amerijet ) filed 4/21 / 1 1 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 /1 1 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 o f the 14 weekly frequencies that become available October 1, 2012, for U.S.

- Brazil all

- cargo services.

Applicant rep s : 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 action s allocating frequencies to Amerijet and Kalitta were effective when taken: May 13

, 20 11

, 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

, 20 11

.

Action taken by: Paul L. Gretch, Director

O ffice 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 Kalitt a ’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

w ill 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 all ocated here within 90 days of their respective proposed startup date s , 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

201 1 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 star t up 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

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- 24, the Department renewed Amerijet ’s blanket route integration certificate. Therefore, we dismiss this port ion 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 allocat ion to U.S.

carriers f or 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 applicant s qualified to provide the exemption services authori zed.

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 wou ld 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

Docket s

. 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 s set forth in this Notice under the Department’s regulations, 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

2 Our April 6, 2011

, Notice Inviting Applications also sought applications from interested U.S. carriers for the U.S.

- Brazil combination fr equencies 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 waive r 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, con tact 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 reaso nable 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 Stat es.

The authority granted shall be effective only during the period when the holder is in compliance with the conditions imposed above.

1/2008