BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

________________________________________________

)

Application of )

)

 MASTER TOP LINHAS AEREAS LTDA. ) Docket OST-2006-25971

) July 15, 2011

for an Exemption from )

49 U.S.C. § 41301 (Brazil-U.S. Cargo Charters) )

 )

APPLICATION OF MASTER TOP LINHAS AEREAS LTDA.

TO AMEND EXEMPTION AUTHORITY

Communications with respect to this

document may be served upon:

John R. Mietus, Jr.

William C. Evans

LAW OFFICE OF JOHN MIETUS, LLC

6701 Democracy Boulevard, Suite 300

Bethesda, MD 20817-7500 

(202) 747-5212

john@mietuslaw.com

bill@mietuslaw.com

Counsel for Master Top Linhas Aereas

NOTICE: Any person may support or oppose this application by 

filing an answer and serving a copy of the answer on counsel for 

Master Top and upon persons served with this application no later 

than August 1, 2011. Master Top intends to poll U.S. carrier served 

with this application and report the results to the Department.

DATED: July 15, 2011
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

________________________________________________

)

Application of )

)

 MASTER TOP LINHAS AEREAS LTDA. ) Docket OST-2006-25971

) July 15, 2011

for an Exemption from )

49 U.S.C. § 41301 (Brazil-U.S. Cargo Charters) )

 )

APPLICATION OF MASTER TOP LINHAS AEREAS LTDA.

TO AMEND EXEMPTION AUTHORITY

Pursuant to 49 U.S.C. § 40109(c) and the March 18, 2011 U.S.-Brazil 

Memorandum of Consultations ("2011 MOC"), Master Top Linhas Aereas 

Ltda. ("MTA") respectfully requests that the Department amend its 

authority, granted by Notice of Action Taken dated March 17, 2011, to 

remove the requirement for prior Department approval of U.S.-Brazil cargo 

charters and to reflect the broader statement of cargo charter rights 

contained in the 2011 MOC. Thus, MTA respectfully requests that the 

Department amend its authority to permit the carrier to engage in:

charter foreign air transportation of property and mail from 

points behind Brazil, via Brazil and intermediate points, to any 

point or points in the United States and beyond, and other 

charters in accordance with 14 CFR Part 212.

In support of this application, MTA states as follows:
- 2 - Master Top Linhas Aereas

Amendment to Exemption

1. MTA is a flag carrier of the Federative Republic of Brazil. It 

currently holds exemption authority which authorizes cargo charter service 

between points in Brazil and points in the U.S. and other charters in 

accordance with Part 212. A special condition to that authority provides that: 

"MTA may not conduct any charters to/from the United States without prior 

Department approval, in the form of a Statement of Authorization." For the 

last several years, MTA periodically has obtained statements of authorization 

from the Department authorizing its third- and fourth-freedom charter 

service between points in Brazil and Miami. The most recent such statement, 

numbered 2011-250, was issued April 29, 2011 and is valid through August 2, 

2011.

2. Article 2(5) of the ad referendum air transport agreement associated 

with the 2011 MOC provides that both the U.S. and Brazil now will authorize 

charter operations "without limitation on the number of flights." Further, 

article 2(1)(c)(ii) expands the geographic scope of rights permitted Brazilian 

carriers in both charter and scheduled service. MTA remains designated as a 

Brazilian charter carrier and continues to hold the requisite authority from 

the Government of Brazil. Thus, the requested amendment is consistent with 

the public interest, as required by 49 U.S.C. § 40109(c). It also is consistent 

with the Department's recent action amending the charter and other