BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ ___ ___ _ )

Application of )

)

MASTER TOP LINHAS AEREAS LTDA. ) Do cket OST

- 20 0 6

- 25971

) July 15, 2011

for an Exemption from )

49 U.S.C. § 41301 ( Brazil

- U.S. Cargo Charters ) )

)

APPLICATION OF MASTER TOP LI NHAS 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 ap plication no later

than August 1, 20 1 1

. Master Top intends to poll U.S. carrier served

with this application and report the results to the Department.

DATED: July 15, 201 1BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ ___ ___ _ )

Application of )

)

MASTER TOP LINHAS AEREAS LTDA. ) Do cket OST

- 20 0 6

- 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 Ac tion Taken dated March 17, 2011, to

remove the requirement for prior Department approval of U.S.

- Brazil cargo

char ters 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 be hind 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 Federa tive Republic of Brazil . It

currently holds exemption authorit y which authorizes cargo charter service

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

acc ordance 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

,

number ed 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 t he charter and other