UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 6, 2010

 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 8/2/10, for:

XX Exemption 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 

Vitoria, Brazil, either directly or via intermediate points, and beyond Brazil, to Argentina, Chile, 

Paraguay, and Uruguay, with full traffic rights.

1

 

Applicant rep: Nancy S. Sparks (202) 628-0679 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)

The above action was effective when taken: August 6, 2010, through July 13, 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.

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) 

Remarks: We acted on this application without awaiting expiration of the 15-day answer period with the 

consent of all parties served with the application.

Conditions: The authority granted to serve intermediate points is limited to countries with which the United 

States has signed open-skies agreements and/or countries for which the carrier holds authority to serve under 

certificates or exemptions issued by the Department, and for which it holds route integration authority by 

virtue of other action of the Department.

_____________________________________________________________________________________

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 holds exemption authority, in the present Docket, 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. The points in Brazil that FedEx Express is currently authorized to serve are: Porto Alegre, Recife, 

Belo Horizonte, Salvador de Bahia, Belem, Manaus, Brasilia, Rio de Janeiro and Sao Paulo (see Notice of Action 

Taken, July 13, 2010). FedEx Express requests that this authority be granted through July 13, 2012, coextensive with 

its current exemption authority in this docket.
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