BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

Application of ) 

 ) 

CENTURION AIR CARGO, INC. ) Docket OST-2008-0228 

 ) 

for an Exemption from 49 U.S.C. ) 

 § 41101 and Allocation of Frequencies ) 

(U.S.-Brazil All-Cargo Service) ) 

 )

APPLICATION OF CENTURION AIR CARGO, INC. 

FOR ADDITIONAL EXTENSION OF START-UP DATE

EXPEDITED ACTION REQUESTED 

COUNSEL WILL POLL U.S. CARRIERS SERVED 

Communications with respect to this 

document may be served upon: 

William C. Evans 

John R. Mietus, Jr. 

LAW OFFICE OF JOHN MIETUS, LLC 

 6701 Democracy Boulevard, Suite 300 

Bethesda, MD 20817 

(410) 827-5074 

(202) 747-5212 

 john@mietuslaw.com 

bill@mietuslaw.com

Counsel for Centurion Air Cargo, Inc. 

DATED: October 20, 2010
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

Application of ) 

 ) 

CENTURION AIR CARGO, INC ) Docket OST-2008-0228 

 ) October 20, 2010 

for an Exemption from 49 U.S.C. ) 

 § 41101 and Allocation of Frequencies ) 

(U.S.-Brazil All-Cargo Service) ) 

 )

APPLICATION OF CENTURION AIR CARGO, INC. 

FOR AN ADDITIONAL EXTENSION OF START-UP DATE

By Notice of Action Taken dated August 5, 2008, the Department 

granted Centurion Air Cargo, Inc. (“Centurion”) an exemption to engage 

in scheduled air transportation of property and mail between points in 

the United States, via intermediate points, and certain named Brazilian 

co-terminal points and beyond Brazil to Argentina, Uruguay, Paraguay 

and Chile. The Notice also allocated Centurion seven (7) weekly U.S.-

Brazil all-cargo frequencies and provided that any unused frequencies 

would revert to the Department if service was not begun within 90 days 

of a proposed September 1, 2008 start-up date (the “Start-Up 

Condition”). The Department has extended the start-up date several 

times at Centurion's request, and the current start-up date is October 

27, 2010. In support of this request for an additional 90-day extension 

of the start-up date, Centurion states as follows: 
Centurion Air Cargo 

Application for Extension 

Page 2 

1. In prior requests for extension of the start-up date, Centurion 

detailed the very significant administrative requirements that Brazil has 

imposed on Centurion and the carrier's efforts to satisfy those 

requirements. This process suffered yet a further delay when ANAC, 

the Brazilian aviation authority, questioned whether past Brazil 

activities of Challenge Air Cargo, Inc. ("Challenge") should affect the 

manner in which ANAC processes Centurion's authority. (This latest 

issue was described in greater detail in the July 22, 2010 extension 

request.)

2. Centurion has spent the last several months working with 

ANAC to resolve this apparently unprecedented legal issue. Centurion 

has had to research missing ANAC records and develop a response to 

the agency's questions, which Centurion submitted in September. To 

date, ANAC has not responded. As a result, Centurion's application 

before ANAC for scheduled authority remains suspended, and it is not 

yet clear what additional, administrative requirements may flow from 

ANAC's resolution of the Challenge issue. Thus, it is clear that 

Centurion will not be able to initiate service before the October 27, 2010 

start-up date, and Centurion respectfully requests a further, 90-day 

extension. 

3. The relief Centurion requests is consistent with the public 

interest and should not prejudice any party. The demand for 
Centurion Air Cargo 

Application for Extension 

Page 3 

Centurion’s service is evidenced by the fact that during the first six 

months of 2010, it operated nearly 200 charters between the U.S. and 

Brazil. Centurion remains eager to transition its Brazil charter 

operations to scheduled service, and it will continue to diligently pursue 

its efforts to obtain the requisite authority. Centurion will poll the U.S. 

airlines on the service list as to their position on this request and will 

report the results to the Department. 

For all the foregoing reasons, Centurion respectfully requests that 

the Department modify the Start-Up Condition as suggested herein and 

grant such other relief as may be necessary or proper. 

Respectfully submitted, 

John R. Mietus, Jr. 

William C. Evans 

LAW OFFICE OF JOHN MIETUS, LLC 

 6701 Democracy Boulevard, Suite 300 

Bethesda, MD 20817 

(410) 827-5074 

(202) 747-5212 

bill@mietuslaw.com

Counsel for Centurion Air Cargo, Inc. 

DATED: October 20, 2010
CERTIFICATE OF SERVICE

 I certify that I have this 20th day of October, 2010, served the 

foregoing document on the following persons by electronic mail:

nssparks@fedex.com

dvaughan@kelleydrye.com, dfisher@kelleydrye.com for UPS 

hershel.kamen@coair.com, dan.weiss@coair.com 

rpommer@atlasair.com 

pmurphy@ggh-airlaw.com for Arrow Air 

kevin.montgomery@polaraircargo.com,

 peter.beckett@polaraircargo.com 

 John R. Mietus, Jr. 

4837-7979-5463, v. 1