UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 22, 2013

 NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2013-0137

_______________________________________________________________________________________

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).

Application of AMERICAN AIRLINES, INC. (American) filed 7/12/13 for:

XX Exemption for two years under 49 U.S.C. §40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between any point or points in the 

United States via intermediate points to any point or points in Brazil.

XX Allocation of seven U.S.-Brazil weekly combination frequencies to provide daily round-robin service 

from Miami to Porto Alegre to Curitiba to Miami.

1

Applicant reps: Francis C. Heil (202) 496-5642 DOT Analyst: Brett D. Kruger (202) 366-8025 

DISPOSITION

XX Granted exemption authority (subject to conditions, see below)

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

The above action granting exemption authority was effective when taken: July 22, 2013, through July 22, 

2015.

The above action allocating frequencies was effective when taken: July 22, 2013, and will remain in effect 

indefinitely, subject to the conditions below.

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 and the Memorandum of Consultations signed on March 19, 2011.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

XX Holder’s certificates of public convenience and necessity 

XX Standard exemption conditions (attached)

Conditions: The frequencies allocated here are subject to restrictions on the Brazilian points that may be 

served. We note that these seven frequencies may be used at any point or points in Brazil, except Rio de 

Janeiro and Sao Paulo Terminal.

 1 American proposes to begin this service on December 19, 2013, using B-767 aircraft.
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 frequencies, we will require that American inaugurate 

service with the frequencies allocated here within 90 days of December 19, 2013, the date on which 

American proposes to commence the subject services. Failure to inaugurate service with a newly allocated 

frequency within 90 days of December 19, 2013 will result in the unused frequency reverting to the 

Department.

Remarks: We acted on this application without awaiting expiration of the answer period with the consent of 

all parties served with a copy of the application.

With our action here, there are 17 U.S.-Brazil combination frequencies available for allocation to U.S. 

carriers for operations beginning immediately.2

 Also available are 21 U.S.-Brazil combination frequencies 

that become available October 1, 2013, and 35 U.S.-Brazil combination frequencies that become available 

October 1, 2014.3

_______________________________________________________________________________________

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

applicant qualified to provide the 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, 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 Ten of these unallocated frequencies may be used to serve any point or points in Brazil, except Rio de Janeiro and Sao 

Paulo Terminal; and seven of these unallocated frequencies may be used to serve any point or points in Brazil, except 

Sao Paulo Terminal. 3 With respect to the unallocated frequencies that become available October 1, 2013, 14 may be used to serve any point 

or points in Brazil, except Rio de Janeiro and Sao Paulo Terminal; and 14 may be used to serve any point or points in 

Brazil, except Sao Paulo Terminal. With respect to the unallocated frequencies that become available October 1, 2014, 

21 may be used to serve any point or points in Brazil, except Rio de Janeiro and Sao Paulo Terminal; and 14 may be 

used to serve any point or points in Brazil, except Sao Paulo Terminal.
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; and

(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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