UNI T ED S T ATES OF A MERI C A

DEPA R T M ENT OF TR ANSPORT A TION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation o n April 5 , 2013

NOTICE OF ACTION TAKEN

-- DOCKETS D O T

- OST

- 2011

- 0083

This serves a s notice to the public of the action described below, taken by the Depar t ment offic i al indicated

(no additional confir m ing ord e r will be issued in this matter).

Application o f AMERIJET INTERNATIONAL, INC. (Amerijet) filed 3 / 13 / 1 2 for:

X X Renewal of exe m ption for two y ears under 49 U

. S.C. §4 0 109 t o pro v ide the following se r vice:

Scheduled foreign air transportation of property and mail between any point or points in the United States,

via intermediate points, to any point or points in Brazil, and beyond. 1

Applicant rep: John L. Richardson (202) 371

- 2258 D O T Anal y st: Darren Jaffe (202) 366

- 2512

D I S P O S I T I O N

X X Granted (subject to condit i ons, s ee below)

The above action was effective when taken: April 5 , 2013

, t h rou g h April 5 , 2015

.

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 States and Brazil, as

amended, and the Memorandum of Consultations signed March 19, 2011.

Except to the extent exe m pted or waived, this authori t y is subject to the ter m s, c o nditions, and li m i t ations indicated:

XX Holder ’ s c ertificates of public convenience and nece s sity

X X Standard exempt io n conditions (attached)

On the basis of data officially noticeable under Rule 24(g) of the Depar t ment's regulations, we found the applicant

qu a lified to provide the servic e s authorized.

Under author i ty assigned by the Department in its regulations, 14 CFR Part 385, we found th at (1) our action was

c o nsistent with Department policy; (2) g r a n t of the ex em ption authority was consistent with the public i n t erest;

and (3) grant of the a u thori t y wou l d not constitute a m ajor re g u lato r y action under the Ener g y Poli c y and

Conse r vation Act of 197 5

. To t h e extent not gr a n ted, we denied all requests in the referenced Docket. We may

a mend, modi f y

, or rev o ke the author i ty granted in t h is Notice at any ti me without hear i ng at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Depar t ment’s

regulations, 14 CFR §385.30, m ay file t h eir petitions wit h in seven (7) d a y s after the date of issuance of this Notice.

This action was effective w h en taken, and t h e filing of a petition for r e view will not alter such effectivene ss

.

An electronic v ersion of t h is docum e nt is available on t h e W o rld Wide Web at:

h tt

p ://www.reg u l a tio n s.g o v

1 We note that the seven U.S.

- Brazil all

- cargo frequencies allocated to the carrier on May 13, 2011 , in this docket, have reverted to the

Department under our standard dormancy condition. The carrier will need to reapply for frequencies to initiate scheduled ser vice.

### U.S. Carrier Exemption Conditions

In the conduct of the operations authoriz e d, the U.S. carrier applicant(s) shall: AT T AC H MENT

(1) Hold at all ti m es effecti v e operating authority from the gover nm ent of each country served;

(2) Co mply with applicable require m ents c oncerning oversales contained in 14 CFR 250 (for

scheduled operations, if authorized);

(3) Co mply with the require m ents for reporting data contained in 14 CFR 241;

(4) Co m ply with req u ir e m ents f or m i ni m u m ins u rance coverage, and for certifying that coverage

to the Depart m ent, contained in 14 C FR 205;

(5) Exc e p t as specifically exe mpted or otherwi s e provided f or in a Depart m ent Order, co mply

with the require m ents of 14 CFR 203, concerning waiver of W arsaw Convention li a bility li m its

and defenses;

(6) Co mply with all ap p lica b le r equire m en t s of the Feder a l Aviation Ad m i nistration, the

Transportation Security Ad m i nis t ration, and with all a p plicable U.S. Govern m ent require m ents

concerning security, including, but not li m ited to, 49 CFR P a rt 1544. To assure co m pliance with

all applicable U.S. Gov e rn m ent require m ents c o ncerning security, the holder shall, before

commencing any new service (including charter flights) to or from a foreign airport, contact its

Princi p al S e curity Insp e ctor (PS I ) to advise t h e P SI of its plans and to find out whether the

Transp ortation Security Ad m i nistration has det er m ined that security is a d equate to allow such

airport(s) to be served;

(7) Co m ply with such other reasonable ter m s, conditions, and li m itations required by the public

interest as may be prescribed by the Depart m e nt of Transportation, with all applica b le orders and

regulations of other U.S. agencies and courts, and with all a pplica b le l a ws of the United States.

The authority granted shall be effective only during the period w h en the holder is in co m pliance

with the conditions i mposed above.

1/2008