BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

)

MASTER TOP LINHAS AEREAS LTDA. ) Docket OST-2006-25971

)

for Renewal of an Exemption from )

49 U.S.C. § 41301 (Brazil-U.S. Cargo Charters) )

 )

APPLICATION OF MASTER TOP LINHAS AEREAS LTDA.

FOR RENEWAL OF EXEMPTION AUTHORITY

Communications with respect to this

document may be served upon:

John R. Mietus, Jr.

William C. Evans

LAW OFFICE OF JOHN MIETUS, LLC

6701 Democracy Boulevard, Suite 300

Bethesda, MD 20817-7500 

(202) 747-5212

john@mietuslaw.com

bill@mietuslaw.com

Counsel for Master Top Linhas Aereas Ltda.

NOTICE: Any person may support or oppose this application by filing an 

answer and serving a copy of the answer on counsel for Master Top and upon 

persons served with this application no later than March 1, 2010.

DATED: February 12, 2010

4818-4040-8834, v. 2
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

)

MASTER TOP LINHAS AEREAS LTDA. ) Docket OST-2006-25971

) February 12, 2010

for Renewal of an Exemption from )

49 U.S.C. § 41301 (Brazil-U.S. Cargo Charters) )

 )

APPLICATION OF MASTER TOP LINHAS AEREAS LTDA.

FOR RENEWAL OF EXEMPTION AUTHORITY

Pursuant to 49 U.S.C. § 40109(c), Master Top Linhas Aereas Ltda. ("MTA") 

respectfully requests renewal of the exemption authority granted by Notice of Action 

Taken dated February 13, 2009, to engage in charter foreign air transportation of property 

and mail between points in the Federal Republic of Brazil and points in the United States, 

and other charters in accordance with 14 CFR Part 212. The exemption authority 

currently is set to expire February 13, 2010. By this application, MTA intends to invoke 

the automatic extension provisions of 5 U.S.C. § 558(c) and Part 377 of the Department's 

Special Regulations. The renewal is requested for one year. In support of this 

application, MTA states as follows:

1. MTA is a flag carrier of the Federal Republic of Brazil and currently holds 

exemption authority which authorizes cargo charter service between points in Brazil and 

points in the U.S. and other charters in accordance with Part 212. Pursuant to its 

exemption authority, MTA operates cargo charter service between Brazil and Miami.
- 2 - Master Top Linhas Aereas

Exemption Renewal

ND: 4818-4040-8834, v. 1

2. By this application, MTA seeks renewal of the cargo charter exemption 

authority granted by Notice of Action Taken, dated February 13, 2009, which currently is 

set to expire on February 13, 2010. MTA currently is utilizing the exemption authority to 

provide cargo charter service between Brazil and the U.S. The response to the service 

has been satisfactory, and MTA wants to continue the service for another year. 

3. Under the Air Transport Agreement between the Government of Brazil and the 

Government of the United States, a carrier designated by the Government of Brazil is 

entitled to operate third and fourth freedom charters between Brazil and the U.S. MTA 

has been designated under Annex II and it continues to hold the requisite authority from 

the Government of Brazil.

4. Under 49 U.S.C. § 40109(c), the Department may grant or renew an 

exemption if it finds that such is consistent with the public interest. It is clear that the 

designation of a carrier by its homeland government is the most significant factor in

determining whether grant of an application is in the public interest. For example, in 

Linea Aerea Nacional de Chile, Foreign Permit, 26 C.A.B. 604 (1958), the Civil 

Aeronautics Board stated as follows:

Where, as here, the applicant has shown that it holds the 

appropriate designation under an effective bilateral 

agreement to operate the route embraced by the application, 

the applicant has presented highly significant evidence 

bearing on the public Interest.

See also Application of Aerovias Venezolanas S.A., Order 86-8-88 at 3 (provision for 

authority in a bilateral is prima facie evidence that grant thereof is in the public interest); 

Aerolineas Peruanas Foreign Permit, 31 C.A.B. 181 (1960). The same findings are 
"3 ■ Master Top Linhas Aereas 

Exemption Renewal 

warranted here, where MTA has been designated for the authority sought to be renewed. 

5. Given the fact that under the bilateral agreement MTA has been designated for 

the authority requested herein and the fact that the exemption will only be effective for 

one year, the request is limited in scope and should be noncontroversial. 

WHEREFORE, Master Top Linhas Aereas Ltda. respectfully requests that the 

Department grant renewal of the exemption authority as requested herein. 

Respectfully submitted, 

John R. Mietus, Jr. 

William C. Evans 

LAW OFFICE OF JOHN MIETUS, LLC 

6701 Democracy Boulevard, Suite 300 

Bethesda, MD 20817-7500 

(202)747-5212 

john@mietuslaw.com 

bill@mietuslaw.com 

Counsel for Master Top Linhas Aereas Ltda. 

DATED: February 12,2010 

ND: 4818-4040-8834, v. 1 
CERTIFICATE OF SERVICE 

I hereby certify that I have this 12th day of February, 2010 caused a copy 

of the foregoing Application of Master Top Linhas Aereas Ltda. to be served by 

electronic mail upon those persons on the attached list. 
BRAZIL SERVICE LIST

Carl Nelson, American Airlines

carl.nelson@aa.com

Pierre Murphy for Arrow Air, Inc.

pmurphy@ggh-airlaw.com

Russ Pommer, Atlas Air

rpommer@atlasair.com

Hershel Kamen for Continental

hershel.kamen@coair.com

Sascha Van Der Bellen, Delta and 

Northwest

sascha.vanderbellen@delta.com

(alt. jeff.morgan@delta.com)

Kevin Montgomery, Polar Air Cargo

kevin.montgomery@polaraircargo.com

(alt. peter.beckett@polaraircargo.com)

Angie Bird, Federal Express

anbird@fedex.com

Jeff Manley, United Air Lines

jeffrey.manley@united.com

David Vaughan, Kelley Drye & Warren,

for United Parcel Service

dvaughan@kelleydrye.com

John Richardson for Amerijet

jrichardson@johnlrichardson.com

Steve Lachter, Lachter & Clements,

for Astar Air Cargo

lachter@starpower.net

Malcolm Benge for World Airways

mlbenge@zsrlaw.com

Bob Silverberg, Silverberg Goldman,

for ABX

rsilverberg@sgbdc.com

John Palo, Evergreen

john.palo@evergreenairlines.com

Tom Gillies, Southern Air

tgillies@southernair.com

Sandy Sinick, Squire Sanders,

for Florida West

msinick@ssd.com

Bill Evans for Centurion Air Cargo

bill@mietuslaw.com

Mark Atwood, Sher Blackwell,

for Custom Air, Kalitta, and Murray Air

matwood@sherblackwell.com

ND: 4845-9784-9089, Ver 1

4845-9784-9089, v. 1