UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on June 15, 2012

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-1996-1196 _____________________________________________________________________________________________________________________

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).

Application of FEDERAL EXPRESS CORPORATION (FEDEX EXPRESS) filed 5/24/12, for:

XX Renewal and amendment of exemption for two years under 49 U.S.C. 40109 to provide the following 

service:

Scheduled foreign all-cargo air transportation between a point or points in the United States and a 

point or points in Brazil, either directly or via intermediate points, and beyond Brazil to points in third 

countries.

1

 

Applicant rep: Courtney E. Felts (901) 434-8632 DOT Analyst: Brett D. Kruger (202) 366-8025

 

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

XX Granted waiver of advance filing requirement under Part 3772

The above action granting exemption authority was effective when taken: June 15, 2012, through June 15, 

2014.

The above action granting a waiver was effective when taken: June 15, 2012.

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 certificate of public convenience and necessity 

 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 exemption services authorized.

 1 FedEx Express’ current exemption authority, in the present Docket, permits it to engage in scheduled foreign all-cargo 

air transportation between a point or points in the United States and certain named points in Brazil, either directly or via 

intermediate points. (See Notices of Action Taken dated August 6, 2010 and July 13, 2010). FedEx Express requests 

that this authority be amended to include the full scope of authority available to it under the U.S.-Brazil Air Transport 

Agreement and the Memorandum of Consultations signed March 19, 2011, including full traffic rights and operational 

flexibility such as unlimited change-of-gauge. 2 FedEx Express’ renewal application was not timely filed under the terms of 14 CFR 377.10(c) and the carrier 

requested a waiver. In the circumstances presented, including the absence of opposition to FedEx Express’ application, 

we will grant the carrier a waiver of the advance filing requirement.
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 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 

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
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;

(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.

 

1/2008