Order 2013-6-16

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C. 

Issued by the Department of Transportation

on the 20th day of June, 2013

 

 Served: June 20, 2013

ORDER TO SHOW CAUSE

SUMMARY

By this order, we tentatively allocate (1) the 14 weekly combination frequencies that may be 

used to serve any point in Brazil, which become available October 1, 2013; and (2) the 14 

weekly combination frequencies that may be used to serve any point in Brazil, which become 

available October 1, 2014; as set forth in the Memorandum of Consultations between the United 

States and Brazil dated March 19, 2011 (MOC). These frequencies are referred to as 

“unrestricted” in this order; however, all of the proposals under consideration in this proceeding

are for Sao Paulo service from a variety of U.S. gateway cities.

We tentatively award the 14 unrestricted weekly combination frequencies that become available 

October 1, 2013 as follows: seven weekly frequencies to American Airlines, Inc. (American), 

for its proposed Los Angeles-Sao Paulo service; and seven weekly frequencies to Delta Air 

Lines, Inc. (Delta) for its proposed Atlanta-Sao Paulo service. We tentatively award the 14 

unrestricted weekly combination frequencies that become available October 1, 2014 as follows: 

seven weekly frequencies to Delta for its proposed Detroit-Sao Paulo service; and seven weekly 

frequencies to US Airways, Inc. (US Airways) for its proposed Charlotte-Sao Paulo service. 

BACKGROUND

On March 19, 2011, the United States and Brazil signed an agreement (the Agreement) that will 

establish Open Skies between the United States and Brazil by October 2015. Pending the 

exchange of diplomatic notes bringing the Agreement into force, the terms of the MOC are being 

applied on a comity and reciprocity basis. The four-stage increase in frequencies available for 

scheduled combination and all-cargo services provided for by the MOC will apply until 

In the Matter of the

2013/2014 U.S.-BRAZIL COMBINATION 

FREQUENCY PROCEEDING

 Docket DOT-OST-2013-0072
2

October 1, 2015. On that date, provided that the Agreement has entered into force, all numerical 

and destination limitations on frequencies will be removed. 

On February 15, 2013 we issued a Notice Inviting Applications for the combination and allcargo frequencies that become available October 1, 2013 and October 1, 2014, as set out in the 

MOC. In response, we received applications from three U.S. carriers for the unrestricted 

frequencies in order to provide combination service from various points in the United States to 

Sao Paulo. The applicants seek more frequencies to serve Sao Paulo than become available 

under the MOC. Thus, we must engage in carrier selection.

By Order 2013-4-9, issued April 12, 2013, the Department instituted this proceeding to allocate 

(1) the 14 unrestricted frequencies that become available October 1, 2013; and (2) the 14 

unrestricted frequencies that become available October 1, 2014. The Order set forth a procedural 

schedule and evidentiary requirements for the establishment of a record for the Department to 

make a decision in this case. Pursuant to that procedural schedule, application amendments 

and/or supplements were due April 24, 2013, answers were due May 3, 2013, and replies were 

due May 14, 2013.

SUMMARY OF APPLICATIONS AND RESPONSIVE PLEADINGS

Three carriers – American, Delta, and US Airways – filed applications for the frequencies under 

consideration, to provide daily combination services in the U.S.-Sao Paulo market. 

Proposals for the 14 weekly frequencies that become available October 1, 2013:

Applicant Proposed 

Routing

U.S.-Sao Paulo

Depart/Arrive Times 

(Winter)

Sao Paulo-U.S. 

Depart/Arrive Times (Winter)

Type 

Aircraft

Capacity

Depart Arrive Elapsed Depart Arrive Elapsed

American Los Angeles 

– Sao Paulo

19:15 12:55 

+1

11:40 00:05 06:35 12:30 B777 247 Seats – 16 First / 37 

Business / 194 Economy

Delta Atlanta – Sao 

Paulo

21:50 10:35 

+1

9:45 01:55 09:00 10:05 B767 210 Seats – 35 Business 

Elite / 32 Economy 

Comfort / 143 Economy

Delta New York 

(JFK) – Sao 

Paulo

22:00 11:05 

+1

10:05 00:20 07:40 10:20 B767 210 Seats – 35 Business 

Elite / 32 Economy

Comfort / 143 Economy

Proposals for the 14 weekly unrestricted frequencies that become available October 1, 2013 are 

as follows: American proposes daily service between Los Angeles and Sao Paulo using B-777 

aircraft beginning November 21, 2013; Delta proposes to add a second daily service between 

Atlanta and Sao Paulo using B-767 aircraft beginning December 15, 2013; and Delta also 

proposes to add a second daily service between New York (JFK) and Sao Paulo using B-767 

aircraft beginning December 15, 2013.
3

Proposals for the 14 weekly frequencies that become available October 1, 2014:

Applicant Proposed 

Routing

U.S.-Sao Paulo

Depart/Arrive Times 

(Winter)

Sao Paulo-U.S. 

Depart/Arrive Times (Winter)

Type 

Aircraft

Capacity

Depart Arrive Elapsed Depart Arrive Elapsed

American Chicago –

Sao Paulo 

21:30 11:55 

+1

10:25 22:10 05:00 

+1

10:50 B777 247 Seats – 16 First / 37 

Business / 194 Economy

Delta Detroit – Sao 

Paulo

19:55 09:45 

+1

10:50 22:55 07:05 

+1

11:10 B767 210 Seats – 35 Business 

Elite / 32 Economy 

Comfort / 143 Economy

US 

Airways

Charlotte -

Sao Paulo

20:30 09:00 

+1

9:30 00:45 07:45 10:00 A330 253 Seats – 19 First / 

234 Economy

US 

Airways

Philadelphia 

– Sao Paulo

21:00 09:45 

+1

9:45 00:20 07:40 10:20 A330 253 Seats – 19 First / 

234 Economy

Proposals for the 14 weekly unrestricted frequencies that become available October 1, 2014 are 

as follows: American proposes daily service between Chicago and Sao Paulo using B-777 

aircraft beginning November 20, 2014. Delta proposes to use seven frequencies to continue its 

existing daily Detroit-Sao Paulo nonstop service after it transfers seven of its currently-held 

unrestricted U.S.-Brazil frequencies to US Airways in March 2015, under an arrangement 

between the two carriers.

1

 US Airways proposes to use seven frequencies to continue without 

interruption its Charlotte-Sao Paulo service. US Airways instituted its new Charlotte-Sao Paulo 

service on June 8, 2013, using seven frequencies temporarily leased from United Airlines, Inc. 

(United).2 US Airways also proposes to institute daily services between Philadelphia and Sao 

Paulo, beginning October 1, 2014.

Answers and replies were filed by each of the applicant carriers. In addition, a number of civic 

parties filed formal pleadings in support of the various applicant carriers. Los Angeles World 

Airports (LAWA) filed in support of American’s Los Angeles-Sao Paulo proposal. The Delta 

Master Executive Council of the Air Line Pilots Association, International (Delta MEC) filed in 

support of Delta’s request for 21 weekly unrestricted frequencies. The Atlanta Parties (including 

Hartsfield-Jackson Atlanta International Airport, Atlanta Convention & Visitors Bureau, and 

Metro Atlanta Chamber) filed in support of Delta’s Atlanta-Sao Paulo proposal; the Port 

Authority of New York and New Jersey filed in support of Delta’s New York (JFK)-Sao Paulo 

proposal; and the Wayne County Airport Authority filed in support of Delta’s Detroit-Sao Paulo 

proposal. The City of Charlotte filed in support of US Airways’ Charlotte-Sao Paulo proposal; 

and the City of Philadelphia filed in support of US Airways’ Philadelphia-Sao Paulo proposal.

 1 Delta and US Airways exchanged operating authorizations (slots) at Washington National Airport and New York 

LaGuardia Airport (the “DCA/LGA slot swap”). Pursuant to that arrangement, Delta agreed to transfer seven 

weekly unrestricted U.S.-Brazil frequencies to US Airways in March 2015. See Docket FAA-2010-0109. 2 See Docket DOT-OST-2010-0183. US Airways states that the use of its leased frequencies must end by October 

2014.
4

POSITION OF THE PARTIES

American states that its first priority is to introduce new nonstop service between Los Angeles 

and Sao Paulo.3 American asserts that Los Angeles is the largest U.S.-Sao Paulo Origin & 

Destination (O&D) market without U.S. carrier nonstop service, and that, based on its strength at 

Los Angeles and in the overall U.S.-Brazil market, it is well positioned to introduce new nonstop 

service.

4

 American states that it and American Eagle operate 143 daily departures at Los 

Angeles to a total of 43 cities, which would provide for numerous convenient on-line 

connections to and from Sao Paulo.5 American argues that its proposal would establish a new 

U.S. gateway to Sao Paulo, while the competing proposals for the 2013 frequencies would add 

duplicative service at existing Sao Paulo gateways.

American’s second priority is for seven frequencies to begin Chicago-Sao Paulo nonstop service 

in November 2014. (If it were only awarded seven frequencies in this proceeding, American 

would defer Chicago-Sao Paulo service until open skies enters into force on October 1, 2015.) 

The carrier states that Chicago is a major hub for American and American Eagle, where together 

they operate 394 daily departures to 121 cities. American notes that United is the only carrier 

currently serving the Chicago-Sao Paulo market, and that an American 2014 Chicago-Sao Paulo 

service would provide head-to-head competition with United in local and connecting markets.6

Delta asserts that American is already the dominant carrier in the U.S.-Brazil market, holding 47 

of the 105 total unrestricted frequencies, and that American should be ruled out for an award in 

this proceeding. Delta argues that American currently operates quadruple-daily Miami-Sao 

Paulo and double-daily New York-Sao Paulo service, and could use frequencies from these 

existing services to support either its Los Angeles or Chicago service proposals while 

maintaining service at all of its existing gateways.7

 Delta further asserts that the merger of 

American and US Airways will lead to an even greater concentration of U.S.-Brazil service 

provided by a single carrier, which Delta argues further supports the full grant of Delta’s 

request.

8 9

 

Delta questions the viability of American’s Los Angeles proposal, pointing out that two prior 

attempts to serve the Los Angeles-Sao Paulo market failed after fewer than eight months (Delta 

in August 2009-February 2010, and United in October 1992-April 1993).10 American responds

that it is in a better position to succeed on the route, given American’s strong presence at Los 

Angeles and in Brazil.11

 3 American Supplement, at 3. 4 American Answer, at 11. 5 Id. 6 American Supplement, at 4. 7 Delta Answer, at 4. 8 American and US Airways have reached an agreement for a merger of the two carriers, and filed an application for 

transfer of the carriers’ international route authorities. See Docket DOT-OST-2013-0082. That case is currently 

pending.

9 Delta Answer, at 2. 10 Delta Answer, at 11; and Delta Exhibit DL-A-402. 11 American Answer, at 11.
5

Delta asserts that approval of its request for 21 unrestricted frequencies will provide important 

service benefits for the traveling public, while improving the U.S.-Brazil competitive market 

structure. Delta places substantial emphasis on the proposed merger of American and US 

Airways and asserts that, when those two carriers’ U.S.-Brazil frequencies are combined, the 

combined carrier would continue to be dominant in the Brazil market even with a full grant of 

Delta’s application in this proceeding.

12 Delta further argues that American and US Airways 

should not be considered separate applicants in light of their pending route transfer application.13

In terms of its individual service proposals, Delta states that Atlanta is its first priority for 2013 

service. Delta states that Atlanta is the world’s largest airline hub and its location provides

convenient, competitive, and non-circuitous Sao Paulo connections from more than 150 U.S. 

points.14 Delta further states that its Atlanta hub is currently underutilized with a single daily 

flight to Sao Paulo. 

Delta’s second priority for 2013 is an award of seven unrestricted frequencies to provide a 

second daily New York (JFK)-Sao Paulo flight. Delta asserts that New York-Sao Paulo is the 

largest U.S.-Brazil O&D market, and that an additional Delta service would help close a 

competitive gap with American, which provides twice-daily New York (JFK)-Sao Paulo service;

and TAM-Linhas Aereas S.A. (TAM), which provides once-daily New York (JFK)-Sao Paulo 

service.15

American argues that Atlanta and New York do not need additional Sao Paulo services and that 

Delta could already provide additional service between Atlanta and Sao Paulo, or New York 

(JFK) and Sao Paulo, using authority that it already holds. American states that Delta currently 

holds 23 frequencies that can be used at Sao Paulo, but uses only 21 of them for service to Sao 

Paulo. American further states that Delta has not taken advantage of extra sections that have 

been allowed by Brazil and which would have enabled Delta to operate double-daily Atlanta-Sao 

Paulo and New York-Sao Paulo service during peak seasons.

16

For the 2014 frequencies, Delta states that the continuation of its daily Detroit-Sao Paulo service 

is its only priority. Delta states that it is contractually required to transfer seven of its currentlyheld frequencies to US Airways in March 2015, pursuant to the DCA/LGA slot swap. Delta 

asserts that its Detroit-Sao Paulo service is successful in linking the Midwest with Brazil, and 

that it provides the only intergateway competition to Chicago in the Midwest region.17

The competing carriers argue that Delta voluntarily agreed to sell seven unrestricted frequencies 

to US Airways, and that Delta is now asking the Department to fund a portion of Delta’s costs in 

the DCA/LGA slot swap transaction.18 Delta argues that circumstances have changed since 

 12 Delta Supplement, at 3. 13 Delta Answer, at 1-3. 14 Delta Supplement, at 5. 15 Id, at 7. 16 American Supplement, at 5; and American Answer, at 2. 17 Delta Supplement, at 8. 18 American Supplement, at 5; and US Airways Reply, at 16-18.
6

Delta agreed to transfer frequencies to US Airways, and that US Airways is no longer a standalone carrier given its pending merger with American.19

US Airways’ first priority in this proceeding is to obtain seven unrestricted frequencies that 

become available October 2014 to continue, without interruption, its daily Charlotte-Sao Paulo 

service.20 US Airways has recently instituted first-ever Charlotte-Sao Paulo service using seven 

frequencies it leases from United. US Airways states that the lease agreement expires on 

October 25, 2014, and that further extension of the lease is not possible.

21 US Airways asserts 

that it has worked since August 2010 to obtain the necessary Brazilian regulatory and airport 

approvals and that, without an award in this proceeding, the benefits of those efforts could be 

lost.

22 US Airways further asserts that Charlotte is a successful and growing international 

gateway, demonstrated by the increase in passengers on US Airways’ Charlotte-Rio de Janeiro 

nonstop service that began in December 2009.23

US Airways’ second priority is for seven unrestricted frequencies to begin Philadelphia-Sao 

Paulo service. US Airways states that Philadelphia is its second largest hub, where it operates to 

117 destinations, and that Philadelphia is the largest U.S. hub city without any nonstop service to 

Sao Paulo.24 US Airways asserts that its proposal would provide an attractive alternative to the 

Sao Paulo services provided at Newark and Washington-Dulles, thereby enhancing intergateway 

competition in the Northeast United States.

Delta argues that the combined post-merger American and US Airways entity will have ample 

frequencies to continue Charlotte-Sao Paulo service and to institute Philadelphia-Sao Paulo 

service. Delta further argues that US Airways can use the seven frequencies it will receive from 

Delta in March 2015 for its Philadelphia-Sao Paulo proposal.25 US Airways states that it has 

other plans for the frequencies it will receive from Delta, and that an award for Delta’s DetroitSao Paulo service in place of US Airways’ Philadelphia-Sao Paulo proposed service would result 

in Delta warehousing seven frequencies from October 2014 until March 2015.26

TENTATIVE DECISION

We have tentatively decided to award the 14 unrestricted frequencies that become available 

October 1, 2013 as follows: seven to American for its proposed Los Angeles-Sao Paulo services, 

and seven to Delta for its proposed Atlanta-Sao Paulo services. We have also tentatively decided 

to award the 14 unrestricted frequencies that become available October 1, 2014 as follows: 

 19 Delta Reply, at 10-11. 20 US Airways Supplement, at 33. 21 Id., at 3; and US Airways Reply, at 7. 22 US Airways Supplement, at 5. 23 Id, at 8-9. 24 Id, at 12. 25 Delta Answer, at 9. 26 US Airways Reply, at 12.
7

seven to Delta for its proposed Detroit-Sao Paulo services, and seven to US Airways for its 

proposed Charlotte-Sao Paulo services.27

October 2013 Frequencies: Los Angeles is the largest U.S.-Sao Paulo local O&D market that 

currently lacks U.S. carrier nonstop service. American has a strong presence at Los Angeles, 

where American and American Eagle together provide service to 43 cities. We tentatively find 

that American’s strength at Los Angeles, combined with its ability to provide convenient 

connections at Los Angeles, offer a firm basis to expect that it would provide meaningful public 

benefits in a major market currently devoid of U.S.-flag service.

Furthermore, we tentatively find that by selecting American’s Los Angeles-Sao Paulo proposal, 

we can facilitate establishment of the only U.S. carrier nonstop service to Sao Paulo from a west 

coast location. Current U.S. carrier gateways to Sao Paulo are concentrated in the Eastern, 

Midwest, and Southern United States, with the only West Coast-Sao Paulo nonstop service 

provided by Korean Air Lines Co., Ltd. (Korean) three times weekly from Los Angeles.. 

Opening a new U.S. carrier gateway at Los Angeles will partially offset the disparity of access to 

Sao Paulo from Western U.S. points, and we tentatively find that the traveling public originating 

in or transiting the West Coast will benefit from the addition of new daily U.S. carrier nonstop 

service to Sao Paulo from a major international gateway.

Having tentatively selected American’s proposal for 2013, we must next choose between two 

proposals from Delta: one to provide a second-daily service to Sao Paulo from Atlanta, and the 

other to provide a second-daily service to Sao Paulo from New York (JFK). We have tentatively 

selected Atlanta-Sao Paulo, consistent with Delta’s stated priority for 2013 frequencies. 

Atlanta is a well-established international hub for Delta, connecting Sao Paulo with 150 U.S. 

points, and stands to benefit from an additional time channel for Sao Paulo services, allowing

more passengers to take advantage of the Atlanta gateway.28 Atlanta’s geographic location also 

provides for connections from a broad catchment area with minimal circuity. 

We tentatively find that the benefits that will be achieved by selecting American at Los Angeles, 

and Delta at Atlanta, outweigh the benefits that might be achieved by the one remaining 

proposal, i.e., Delta’s proposal for additional Sao Paulo service from the New York gateway. 

While we recognize that New York-Sao Paulo is the largest O&D market proposed in this 

proceeding, we also note that the route is currently served with five daily nonstop flights

operated by a number of carriers, including Delta.

29 Against this background, and taking into 

account Delta’s stated priority of second-daily Atlanta-Sao Paulo service over second-daily New 

York-Sao Paulo service, we tentatively find that Los Angeles and Atlanta are the better choices 

in this proceeding.

 27 Our tentative findings and conclusions are based on the merits of the individual service proposals, and have not 

been considered in conjunction with, nor have we pre-judged the outcome of, the application of American and US 

Airways for transfer of their international route authorities.

28 Delta Supplement, at 5.

29 The New York-Sao Paulo market is currently served by American, which provides twice-daily New York (JFK)-

Sao Paulo service; Delta, which provides once-daily New York (JFK)-Sao Paulo service; TAM, which provides 

once-daily New York (JFK)-Sao Paulo service; and United, which provides once-daily New York (Newark)-Sao 

Paulo service.
8

We have also considered Delta’s position that, without approval of Delta’s full request for 21 

frequencies (14 frequencies in 2013, and 7 frequencies in 2014), it will be at a competitive 

disadvantage to other carriers holding a larger share of unrestricted frequencies. While 

competitive factors are certainly elements we consider as part of carrier selection, we also 

consider other factors, particularly the objective of promoting public benefits through new 

service options for the traveling and shipping public. Here, where the substantial Los Angeles 

gateway currently has no U.S. carrier nonstop service to Sao Paulo, and where American is 

proposing to provide that service, we tentatively find that, from a public interest standpoint, the 

benefits of an award to American at Los Angeles, outweigh those that would derive from 

granting Delta its full request.

30

October 2014 Frequencies: We tentatively find that the public interest is best served by 

allocating the frequencies that become available in October 2014 in a manner that preserves

existing Sao Paulo nonstop service at Charlotte and Detroit, both of which stand to lose service 

for the reasons stated on the record by the carriers. Although frequency limitations are scheduled 

for elimination in October 2015, these two important gateway hub cities, absent an award in this 

proceeding, stand to lose all nonstop Sao Paulo service for at least an interim period. Under 

these circumstances, we tentatively find that the benefits of preserving service in these 

significant markets outweigh the benefits of the competing proposals. 

While we note that Charlotte-Sao Paulo service provided by US Airways is already underway, 

we also recognize that US Airways just inaugurated this service on June 8, 2013. The record 

shows that US Airways has invested considerable time and effort into securing authority to

inaugurate its Charlotte-Sao Paulo nonstop service,31 and we tentatively find that it is in the 

public interest to provide certainty that US Airways may continue that service beyond the 

expiration of its lease with United, when the frequencies revert to United.

We tentatively find that Delta’s Detroit-Sao Paulo service provides certain service and 

competition benefits of its own that merit continuation. Detroit is an established gateway for 

international services, where Delta and its regional partners operate to 114 U.S. points.32 Delta’s 

strong hub at Detroit provides an important Sao Paulo travel option for consumers in the 

Midwest, while also providing inter-gateway competition with United’s Chicago-Sao Paulo 

service.

We tentatively find that the benefits of maintaining service at Charlotte and Detroit outweigh the 

potential benefits of the other proposals before us. American’s second priority for an award in 

this proceeding is to begin nonstop Chicago-Sao Paulo service. We recognize that American has 

a strong hub in Chicago, and that its proposed service would provide intra-gateway competition 

with United’s nonstop Chicago-Sao Paulo service. We tentatively find, however, that the 

 30 Delta cites the 1999 U.S.-Argentina Combination Service Case (Order 2001-1-14 in Docket DOT-OST-1999-

6210) as an instance where the Department favored the promotion of competition over the award of new gateway 

service. But our decision in that case was driven essentially by the particular history of the U.S.-Argentina market. 

We therefore tentatively find the case inapposite to the matter before us.

31 US Airways Supplement, at 10-11. 32 Delta Supplement, at 8.
9

benefits of adding additional service at Chicago do not outweigh the benefits of maintaining 

service at the existing gateway cities that would otherwise lose it.

We also acknowledge the potential benefits of US Airways’ second priority, to establish a new 

gateway at Philadelphia. Given US Airways’ significant connecting hub at Philadelphia, US 

Airways’ proposal would provide inter-gateway competition with New York and Washington, 

DC. However, we tentatively do not view these service and competition benefits to be as

compelling as the need to prevent a service disruption to communities that already benefit from 

nonstop Sao Paulo service.

American and US Airways have argued that Delta “sold” to US Airways the frequencies 

currently used for Detroit-Sao Paulo service, and that an award in this proceeding would fund 

Delta’s portion of the DCA/LGA slot swap with opportunities that would otherwise go to 

American or US Airways.33 Our focus in this proceeding, however, must be on achieving a 

result that best promotes the public interest. We tentatively find that such a result in this case 

means preventing the disruption of U.S.-flag Sao Paulo service from two important U.S. 

gateways. 

In the circumstances presented, we tentatively find that the public interest is best served by 

allocating the October 2014 frequencies to US Airways to continue its Charlotte-Sao Paulo 

services, and to Delta to continue its Detroit-Sao Paulo services.34 35

TERMS, CONDITIONS, AND LIMITATIONS

We have tentatively decided to impose a startup condition for each award. If our tentative 

decision is made final, we will require the selected carriers to institute their proposed services 

within 90 days of their proposed startup dates. 

In addition, consistent with our standard practice, we propose that the frequencies allocated in 

this proceeding will be subject to our standard 90-day dormancy condition, wherein any 

frequencies not utilized for a period of 90 days (once inaugurated) would be deemed dormant 

and the allocation with respect to each such frequency would expire automatically and the 

frequency would revert to the Department for reallocation.

ACCORDINGLY,

1. We tentatively allocate to American Airlines, Inc. seven weekly combination frequencies to 

engage in scheduled foreign air transportation of persons, property, and mail between Los 

Angeles, California, and Sao Paulo, Brazil, effective October 1, 2013; 

 33 American Supplement, at 5, and US Airways Reply, at 16-18. 34 US Airways holds the requisite economic authority for its Charlotte-Sao Paulo service, but has requested broad 

exemption authority for all U.S. and Brazil points. We tentatively grant that request.

35 We further find that our awards in this proceeding will result in a near term increase of annual fuel consumption in 

excess of ten million gallons. As a result, our action constitutes a “major regulatory action” under the Energy Policy 

and Conservation Act of 1975, as defined by section 313.4(a)(1) of the Department’s regulations. We find, 

however, that the service provided under the authority granted and resulting public benefits outweigh any adverse 

effects that may be caused by the increased fuel consumption.
10

2. We tentatively allocate to Delta Air Lines, Inc. seven weekly combination frequencies to 

engage in scheduled foreign air transportation of persons, property, and mail between Atlanta, 

Georgia, and Sao Paulo, Brazil, effective October 1, 2013;

3. We tentatively allocate to US Airways, Inc. seven weekly combination frequencies to engage 

in scheduled foreign air transportation of persons, property, and mail between Charlotte, North 

Carolina, and Sao Paulo, Brazil, effective October 1, 2014;

4. We tentatively allocate to Delta Air Lines, Inc. seven weekly combination frequencies to 

engage in scheduled foreign air transportation of persons, property, and mail between Detroit, 

Michigan, and Sao Paulo, Brazil, effective October 1, 2014;

5. We tentatively grant US Airways, Inc. exemption authority to engage in scheduled foreign air 

transportation of persons, property, and mail between any point or points in the United States via 

intermediate points to any point or points in Brazil;

6. We tentatively deny the remaining requests in this proceeding;

7. We direct any interested parties having objections to our tentative findings and conclusions

set forth in this order and in ordering paragraphs 1 through 6 above, to file their objections, in the

above-captioned docket, with the Department’s Docket Section, U.S. Department of 

Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200

New Jersey Avenue, S.E., Washington, D.C., 20590, no later than ten (10) calendar days from 

the date of service of this order; answers thereto shall be filed no later than seven (7) calendar 

days thereafter;36

8. If timely and properly supported objections are filed, we will afford full consideration to the 

matters or issues raised by the objections before we take further action;37 if no objections are 

filed, we will deem all further procedural steps to be waived and will proceed to enter a final 

order awarding the authority proposed in this order; and

 36 The original filing should be on 81⁄2" x 11" white paper using dark ink and be unbound without tabs, which will 

expedite use of our docket imaging system. In the alternative, filers are encouraged to use the electronic filing 

submission capability available through the Dockets/FDMS Internet site (http://www.regulations.gov) by following 

the instructions at the web site.

37 As we are providing for the filing of objections to this tentative decision, we will not entertain petitions for 

reconsideration of this order.
11

9. We will serve this order on the parties to the captioned docket, the Brazilian

Ambassador to the United States in Washington, DC, the Federal Aviation Administration, and 

the U.S. Department of State (Office of Aviation Negotiations).

By:

Susan L. Kurland

Assistant Secretary for Aviation

and International Affairs

(SEAL)

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov