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KELLEY DRYE S WARRE N LLP 

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MUMBAI , INDIA 

August 2, 2010 c:> 

By Hand Delivery 

Mr. Paul L. Gretch 

Director 

Office of International Aviation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

. .-1 

C3 

Re: Brazil Cargo Charter Authorizations Procedures 

Dear Mr. Gretch: 

CO 

United Parcel Service Co. ("UPS") hereby files this letter urging the Departinait 

of Transportation (the "DOT") to revise the Brazil Cargo Charter Authorizations Procedures so 

as to enable carriers holding scheduled authority to apply for charters at any time during the year. 

For over tw^elve years, the DOT relied on simplified procedures to distribute the U.S.-Brazil allcargo charters. As part of these procedures, the DOT prohibits U.S. all-cargo carriers holding 

scheduled authority to serve Brazil from applying for charters until the last two months of the 

charter year. The number of U.S.-Brazil all-cargo charter flights available for allocation 

increased significantly to 1250 flights since the DOT adopted the allocation procedures, 

however, the DOT continues to impose the restriction on scheduled all-cargo carriers. 

Since there are no limitations on the number of U.S. cargo carriers that can 

provide scheduled service to Brazil and there are scheduled frequencies available, UPS does not 

believe that there is a need to restrict scheduled all-cargo carriers from applying for cargo 

charters. Lifting the restrictions gives scheduled U.S. all-cargo carriers the ability to better 

respond to the demands of their customers and increases competition in the U.S.-Brazil market. 

In addition, allowing more carriers to apply for the charter flights throughout the year better 

ensures that these valuable bilateral rights do not go unused. 

lis 

CO 
KELLEY DRYE 5 WARRE N LLP 

Mr. Paul L. Gretch 

August 2, 2010 

Page Two 

In the alternative, and to the extent that the DOT does not want to lift all 

restrictions on scheduled all-cargo carriers, UPS requests that the DOT allow scheduled all-cargo 

carriers to apply for ten charter flights per month during the first six months of the charter year. 

Currently, carriers that do not hold scheduled authority to serve Brazil can apply for twenty 

charter flights per month. By restricting scheduled all-cargo carriers to ten charter flights per 

month for the first six months of the charter year, the DOT would address the needs of both 

scheduled all-cargo carriers and charter carriers operating in the U.S.-Brazil market. After the 

first six months of the charter year, UPS requests that the DOT lift all restrictions on scheduled 

all-cai'go cairiers. 

Thus, UPS requests that the DOT revise the Brazil charter allocation procedures 

so that all U.S. all-cargo carriers can apply for and operate the Brazil cargo charters throughout 

the year. Thank you for your consideration. 

Sincerely, 

Attorney for United Parcel Service Co. 

cc: Mary Street 

Esta Rosenberg 

Brian Hedberg 

All persons on attached service list 
CERTIFICATE OF SERVICE 

I hereby certify that I have this day served the foregoing document by electronic 

mail on all persons named below: 

Name 

Pierre Murphy 

Russell E. Pommer 

William C. Evans 

G. Bailey Leopard Jr. 

Nancy Sparks 

Marshall Sinick 

Mark W. Atwood 

Kevin Montgomery 

Aaron Goerlich 

Jason Maddux 

Representing 

An-ow 

Atlas 

Centurion 

Federal Express 

Florida West 

Kalitta 

Polar 

Southern Air 

E-mail 

pmurphy@lopmurphy.com 

russell.pommer@atlasair.com 

bill@mietuslaw.com 

gbleopard@fedex .com 

nnsparks@fedex.com 

msinick@ssd.com 

matwood@sherblackwell.com 

kevin.montgomery@polaraircargo.com 

agoerlich@ggh-airlaw.com 

jmaddux@ggh-airlaw.com 

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