UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on August 6 , 20 10

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 1996

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________________ ______________________________________________________________________________ ____________ ___________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issu ed in this matter).

Application of FEDERAL EXPRESS CORPORATION (FEDEX EXPRESS) filed 8 / 2 / 10

, for:

XX E xemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign all

- cargo air transportation between a point or points in the Unite d States and Vitoria, Brazil, either directly or via intermediate points , and beyond Brazil, to Argentina, Chile, Paraguay, and Uruguay, with full traffic rights

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Applicant rep: Nancy S. Sparks (202) 628

- 0679 DOT Analyst: Brett D. Kruger (202) 366

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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 , 20 10

, through July 13 , 20 1 2

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

X X The authority granted is consistent with the aviation agreement between the United St ates 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 p ublic convenience and necessity

XX

_____________________________________________________________________________________ Standard exemption conditions (attached)

Remarks : We acted on this application without awaiting expiration of the 15

- day answe r 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 carr ier 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 regu lations, we found the applicant qualified to provide the exemption services authorized.

1 FedEx Express holds exemption authority, in the present Docket, to engage in s cheduled foreign all

- cargo air transportation between a point or points in the United States and certai n 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 P aulo ( 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

Con servation 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 Depar tment 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, containe d 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 requi rements 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 w hether 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 prescribe d 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 c ompliance with the conditions imposed above.

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