UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

 

Served: February 15, 2013

NOTICE INVITING APPLICATIONS

By this Notice, we invite U.S. air carriers to file applications for the scheduled 

combination and scheduled all-cargo frequencies that become available on October 1, 

2013 and October 1, 2014, as set out in the Memorandum of Consultations (MOC) 

between the United States and Brazil dated March 18, 2011.

On March 18, 2011, the United States and Brazil reached an ad referendum 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 October 1, 2015. On that date, 

provided that the Agreement has entered into force, all numerical and destination 

limitations on frequencies will be removed. 

By Notice dated April 6, 2011, we invited applications for the scheduled combination and 

all-cargo frequencies that became available in October 2011 and October 2012. By this 

notice we invite applications for the third and fourth stages of the newly available 

frequencies. Summarized below are descriptions of the opportunities for which U.S. air 

carriers may now apply.

Scheduled Combination Services

Under the terms of the MOC, the following new frequencies become available in October 

2013 and October 2014 for U.S. carrier scheduled combinations services. Effective 

October 1, 2013, U.S. carriers may operate (1) an additional 14 frequencies to any point 

or points in Brazil; (2) an additional 14 frequencies to any point or points in Brazil, 

except Sao Paulo Terminal;1 and (3) an additional 14 frequencies to any point or points in 

Brazil, except Rio de Janeiro and Sao Paulo Terminal. Effective October 1, 2014, U.S. 

carriers may operate an additional 14 frequencies to any point or points in Brazil; (2) an 

additional 14 frequencies to any point or points in Brazil, except Sao Paulo Terminal; and 

(3) an additional 21 frequencies to any point or points in Brazil, except Rio de Janeiro 

and Sao Paulo Terminal.

 1 For all references in this Notice, Sao Paulo Terminal means Guarulhos International Airport and 

Viracopas International Airport.
2

In addition, there are currently 24 U.S.-Brazil combination frequencies available for 

allocation to U.S. carriers for operations beginning immediately.

2

Scheduled All-Cargo Services

Under the terms of the MOC, an additional 14 frequencies will become available to U.S. 

carriers for scheduled all-cargo service to any point or points in Brazil, effective October 

1, 2013; and an additional 14 frequencies will become available to U.S. carriers for 

scheduled all-cargo service to any point or points in Brazil, effective October 1, 2014.

In addition, there are currently 34 U.S.-Brazil scheduled all-cargo frequencies available 

for allocation to U.S. carriers for operations beginning immediately.

Applications

So that we may promptly allocate these new opportunities, by this Notice we are 

soliciting applications for the new frequencies that are available October 1, 2013, and 

October 1, 2014, for scheduled combination and all-cargo services, and for underlying 

economic authority (certificate/exemption) to the extent necessary. We will also 

entertain applications for any of the scheduled combination and all-cargo frequencies that 

are available for immediate use. Applications should be filed no later than 15 days from 

the service date of this Notice, and should be served on all U.S. carriers operating large 

aircraft. Applications should conform to Part 302, Subpart C, of our regulations (14 CFR 

Part 302).

All applications should be filed with the U.S. Department of Transportation, 1200 New

Jersey Avenue, S.E., West Building Ground Floor, Room W12-140, Washington, D.C.

20590.3

 Applicants are instructed to submit a courtesy copy via electronic mail to the

following email addresses: Brett.Kruger@dot.gov and Esta.Rosenberg@dot.gov. 

Applications should include, at a minimum, the points in the United States, Brazil, and 

third countries to be served; whether the applicant is seeking frequencies available 

immediately, frequencies available in 2013, frequencies available in 2014, or a 

combination thereof; the number of weekly frequencies requested for each of the 

proposed services; the proposed start-up date(s); the type of service proposed (year-round

or seasonal); and the type of aircraft to be used, its capacity, and the availability of that 

aircraft. For all of the proposed services applications should indicate any variation of 

frequencies/routings by traffic season, if applicable. Applicants should state the 

minimum number of frequencies they are willing to accept; prioritize multiple requests, 

where applicable; and include a statement as to whether the applicant would use the 

authority granted if the Department grants only a portion of the request. Applicants may 

 2 17 of these unallocated frequencies may be used to serve any point or points in Brazil, except Rio de 

Janeiro and Sao Paulo Terminal; and 7 of these unallocated frequencies may be used to serve any point or 

points in Brazil, except Sao Paulo Terminal.

3 Filings should be on 8-1/2” X 11” white paper using dark ink (not green) and be unbound without tabs,

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

electronic submission capability available through the Federal Dockets Management System internet site

(http://www.regulations.gov) by following the instructions on that web site.
3

submit any additional information that they believe will help us in awarding the subject 

authority.

We will serve this Notice by electronic mail on certificated U.S. carriers operating large 

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

Aviation Administration (AFS-200), and the Ambassador of the Federative Republic of 

Brazil.

By:

PAUL L. GRETCH

Director, Office of International Aviation

(SEAL)

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

http://www.regulations.gov