JFPARTMENTOF 

::ANSPORWIO N 

AtiasAiMnc. ' ^KET OPERATIONS 

1747 Pennsylvania Avenue, NW 

Suite 875 

Wasliinflton, D.C. 20006 .'?0 ,^!!G ?U P 3= 25 

RUSSELL. E. POMMER 

(202)822-9121 -Telephone 

12021 822-9152 - Fix 

rpammer@atla$alr.eom 

July 13,2010 

Ms, Beraice Gray 

Office of International Aviation 

U.S. Department of Transportation 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

Re: Request for Emergency Waiver and Application 

for Notice of Consistency for Brazil Charters 

Dear Ms. Gray: 

Atlas Air, Inc. ("Atlas") hereby requests issuance of a Notice of Consistency for 

two Brazil cargo charter flights, scheduled to be flown omJulv 16 and July 18, and a 

waiver from the rule that carriers with scheduled Brazil authority not be granted charter 

allocations until the last two months of the chaiter year. Due to the exigencies described 

below, Atlas further requests prompt disposition of this request. In support of this 

request. Atlas states as follows: 

1. Atlas holds authority for, and operates scheduled all-cargo service between 

the United States and Brazil. Until recently, Atlas had little or no problem opergting n/i 

hoc flights to points in Brazil not on its reeulai- schedule, as "extra sections^f its U.S.-

Brazil scheduled services. The Brazilian regulatory authority, ANAC, would regularly,, 

gi-ant"-p5mits for such flights. That has suddenly changed. 

2. Earlier this week, Atlas applied for permission to operate two upcoming 

flights with a st^-a* Rio de JaneirojGIG). ANACl^as advised that it will not grant 

permits for theflights. i'Cit ejqjlanation given to our representatives is that Brazil's 

pohcy is to grant extfa sections only to flights involving points shown on the schedules 

previously filed by the canier through the designated schedule filing system, HOTRAN, 

which GIG is not. 

3. Atlas did not anticipate this problem when it made an'angements to operate 

the flights in question on behalf of a particular shipper. There was no reason to believe 

that ANAC would change its longstanding policy of liberally granting extra section 

approvals. 
Ms. Beraice Gray 

July 13,2010 

Page 2 

4. Because Atlas has scheduled the two flights to operate in several days and 

wishes to avoid inconveniencing the shipper, Atlas is applying herein for a Notice of 

Consistency for the flights. Atlas also seeks a waiver of the provision m the Brazil Cargo 

Charter Autliorization Notice, served June 11,2010, that prohibits scheduled carriers 

from obtaining Notices of Consistency until the last two months of the charter year. The 

requested actions are in the public interest because they will prevent a disruption of the 

flow of goods while the U.S. government has the opportunity to address the imderlying 

issue on an intergovernmental basis., 

5. Information about the plaimed flights is as follows: 

(a) Number of flights requested: 2 

(b) Time period: July 2010 

(c) Planned flight dates and routings (+ or - 2 days): 

Departure 

Date 

July 16 

July 18 

Routine 

MIA-GIG-MIA 

MIA-GIG-MIA 

No 5* freedom traffic will be carried on these flights.. 

(d) Aircraft: Boeing 747 fireighters 

(e) Type ofcargo to be transported: General cargo 

6. We intend to poll the persons served with this appUcation. 

Thank you veiy much for your attention to this matter. 

Veiy truly yours, ^'"'"T'^ 

Russell E. Pommer 

Associate General Counsel and 

Senior Director of Regulatory Affairs 

Cc: Paul Gretch 

Esta Rosenberg 

Brian Hedberg 
Ms. Bemice Gi"ay 

July 13,2010 

Pages 

CERTIFICATE OF SERVICE 

I hereby certify that I have, this 13 ' day of July 2010, caused a copy of the 

foregoing application to be served by e-mail on all persons listed below: 

Name. 

Pierre Murphy 

William C. Evans 

Marshall Sinick 

Tom Gillies 

Representing 

Arrow 

Centurion 

Florida West 

Southern Air 

E-mail 

pmurphy@lopmurphy.com 

bill@mietuslaw.com 

msinick@ssd. com 

tgiUies@southernair.com 

Russell E, Pommer