UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 13, 2011

 NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2011-0085 and DOT-OST-2011-0086

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This serves as notice to the public of the actions described below, taken by the Department official indicated 

(no additional confirming order will be issued in this matter).

Docket DOT-OST-2011-0085

Application of DELTA AIR LINES, INC. (Delta) filed 4/21/11 for:

XX Allocation of nine of 28 U.S.-Brazil weekly combination frequencies that become available as of 

October 1, 2011, to provide the following services:

• Seven frequencies to institute daily Atlanta-Manaus service effective December 18, 2011; and 

• Two frequencies to enable daily Detroit-Sao Paulo service effective December 18, 2011.1

Docket DOT-OST-2011-0086

Application of AMERICAN AIRLINES, INC. (American) filed 4/21/11 for:

XX Allocation of 10 of 28 U.S.-Brazil weekly combination frequencies that become available as of October 

1, 2011, to provide the following services:

• Three frequencies for additional Miami-Brasilia service effective December 15, 2011;

• Three frequencies for additional Miami-Belo Horizonte service effective December 15, 2011; and

• Four frequencies to institute Miami-Manaus service effective June 14, 2012.

Applicant reps: Alexander Van der Bellen (202) 842-4184 (Delta) and

Carl B. Nelson (202) 496-5647 (American)

DOT Analyst: Brett D. Kruger (202) 366-8025 

DISPOSITION

XX Granted allocation of nine frequencies to Delta (subject to conditions, see remarks below)

XX Granted allocation of 10 frequencies to American (subject to conditions, see remarks below)

The above actions allocating frequencies were effective when taken: May 13, 2011, and will remain in 

effect indefinitely, subject to the conditions below.

 1 Delta states that it will indirectly fund increased Detroit-Sao Paulo service by redeploying two of its existing 

unrestricted frequencies from the Atlanta-Rio de Janeiro route to the Detroit-Sao Paulo route, thereby enabling Delta to 

increase its existing Detroit-Sao Paulo service from five-days-per-week to seven-days-per-week. The frequencies 

requested here would be used to fund Atlanta-Rio de Janeiro service.
Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

 The authority granted is consistent with the aviation agreement between the United States and 

Brazil, as amended.

XX Delta’s certificates of public convenience and necessity 

XX

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American’s certificates of public convenience and necessity 

Remarks: American and Delta filed a Joint Motion requesting that the Department issue a final decision 

allocating nine frequencies to Delta and 10 frequencies to American. In the Joint Motion, the applicants 

request that Delta be allocated six frequencies from the pool of frequencies that may be used at any point or 

points in Brazil, except Rio de Janeiro and Sao Paulo Terminal; and three frequencies from the pool of 

frequencies that may be used at any point or points in Brazil, except Sao Paulo Terminal. With respect to 

American, the applicants request that eight of the frequencies be allocated from the pool of frequencies that 

may be used at any point or points in Brazil, except Rio de Janeiro and Sao Paulo Terminal; and two of the 

frequencies be allocated from the pool of frequencies that may be used at any point or points in Brazil, 

except Sao Paulo Terminal. In addition, the applicants request that the Department allocate these U.S.-Brazil 

frequencies with flexibility for use in any eligible U.S.-Brazil city-pair market where the applicants hold 

underlying authority. No answers were filed in response to the Joint Motion. We will grant the Joint 

Motion.

With our action here, there are nine U.S.-Brazil combination frequencies available for allocation to U.S. 

carriers for operations beginning October 1, 2011.

2

 Also available are the 28 U.S.-Brazil combination 

frequencies that become available October 1, 2012, as we received no applications from U.S. carriers in 

response to the Department’s April 6, 2011, Notice Inviting Applications.

3

Conditions: The frequencies allocated here are subject to restrictions on the Brazilian points that may be 

served. With respect to Delta, we note that six of the frequencies may be used at any point or points in 

Brazil, except Rio de Janeiro and Sao Paulo Terminal; and three of the frequencies may be used to serve any 

point or points in Brazil, except Sao Paulo Terminal. With respect to the frequencies allocated to American, 

we note that eight of the frequencies may be used at any point or points in Brazil, except Rio de Janeiro and 

Sao Paulo Terminal; and two of the frequencies may be used to serve any point or points in Brazil, except 

Sao Paulo Terminal.

Consistent with our standard practice, the frequencies allocated here are subject to our standard 90-day 

dormancy condition, wherein any frequency not operated for a period of 90 days (once inaugurated and for 

any reason other than seasonal use), will be deemed dormant and the allocation as to that frequency will 

expire automatically and the frequency will revert to the Department for reallocation.

In addition, consistent with our practice in awarding U.S.-Brazil frequencies, we will require that Delta and 

American inaugurate service with the frequencies allocated here within 90 days of their proposed startup 

dates of December 18, 2011, for Delta’s proposed service; December 15, 2011, for American’s proposed 

Miami-Brasilia and Miami-Belo Horizonte service; and June 14, 2012, for American’s proposed MiamiManaus service Failure to inaugurate service with a newly allocated frequency within 90 days of the 

proposed startup date will result in the unused frequency reverting to the Department.

 2 These unallocated frequencies may be used to serve any point or points in Brazil, except Sao Paulo Terminal. 3 Our April 6, 2011, Notice Inviting Applications also sought applications from interested U.S. carriers for the U.S.-

Brazil all-cargo frequencies that become available on October 1, 2011, and October 1, 2012. We are acting 

concurrently on those requests.
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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 Dockets. 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 actions 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