UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on June 24 , 20 1 4

NO TICE OF ACTION TAKEN

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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).

App lication of ATLAS AIR, INC (ATLAS) filed 4 / 4 /1 4 for :

XX E xemption under 49 U.S.C. §40109 to provide the following service:

Scheduled foreign air transportation of property and mail between a point or points in the United States and a point or point s in Brazil , via intermediate points and beyond

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Applicant rep s : Russel l E. Pommer (202) 822

- 9121 DOT Analyst: David R. Christofano (202) 366

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D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action was effective when taken: June 24 , 201 4 through June 26 , 201 6

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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 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 necess ity

XX Standard exemption conditions (attached)

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 exemption authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory ac tion under the Energy Policy and Conservation Act of 1975. To the extent not granted, we denied all requests in the r eferenced Docket. 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 action 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

1 Atla s holds certificat e authority issued by Order 2001

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- 32, to provide scheduled all

- cargo service b etween the terminal point Miami, Florida, on the one hand, via the intermediate point Lima, Peru, and the coterminal points Manaus, Rio de
Janeiro, and Sao Paulo, Brazil, on the other hand, and beyond Brazil to Santiago, Chile. Atlas currently operates seven ( 7 ) flights per week using frequencies awarded by Notices of Action Taken dated December 22 , 20 08, in docket DOT

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2008

- 0380 ; and November 5, 2012, in docket DOT

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. Atlas requests the present exemption , so that it can take advantage of the bro a der authority available under the U.S.

- Brazil Air Transport Agreement and the Memorandum of Consultations signed March 19, 2011

.issuance of this Notice. This action was eff ective 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

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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 dat a 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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