UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on November 8, 2011

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2011-0083 _____________________________________________________________________________________________________________________

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

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

Motion of AMERIJET INTERNATIONAL, INC. (Amerijet) filed 10/26/11 for:

XX Suspension of the start-up date condition for five (5) of the seven (7) weekly U.S.-Brazil all-cargo 

frequencies allocated to Amerijet by Notice of Action Taken dated May 13, 2011.

1

 Amerijet states that it 

has begun service with two (2) frequencies, but due to economic conditions and low demand, Amerijet 

does not plan to institute service with the remaining five (5) frequencies in the near term. Amerijet now 

requests a suspension of the start-up condition, pending a change in circumstance which would make reimposition of the start-up condition appropriate.

Applicant representative: John L. Richardson (202) 371-2258

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

D I S P O S I T I O N

XX Granted, sua sponte, temporary extension of start-up condition (see below).

XX Denied request for indefinite suspension of the start-up condition (see below).

The above action granting extension of the start-up condition was effective when taken: November 8, 

2011, through June 30, 2012.

2

The above action denying suspension of the start-up condition was effective when taken: November 8, 

2011.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

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Remarks: Amerijet served its motion on all combination and all-cargo carriers holding authority to serve 

the U.S.-Brazil market. Amerijet states that no carrier objected to the request; however, Amerijet states 

that ABX Air, Inc.’s acquiescence is conditioned as suggested by Amerijet in its motion, namely, that

 1 By Notice of Action Taken, dated May 13, 2011, Amerijet was allocated three (3) weekly frequencies that were 

currently available and four (4) weekly frequencies that became available on October 1, 2011. Those frequencies 

were subject to our standard start-up condition, whereby Amerijet was required to institute service within 90 days of 

the effective date of the frequencies (i.e., by August 11, 2011 and December 30, 2011, respectively). The 

Department later granted Amerijet a 90-day extension for the three frequencies that became available on May 13, 

2011, requiring a new start-up date of November 9, 2011, for those frequencies. 2 For administrative efficiency, we are granting the extension for all five frequencies for six months beyond 

December 30, 2011, the date by which Amerijet is currently required to begin service with the October 1, 2011 

frequencies.
2

Amerijet be required to return any unused frequency to the Department in the event that another carrier 

applied for a U.S.-Brazil all-cargo frequency and none were available for allocation.

Decision: We find, based upon the circumstances detailed in Amerijet’s motion, that it is in the public 

interest to grant Amerijet an extension of the start-up condition. Under our own initiative, we will allow 

the carrier six (6) additional months (in fact, over seven additional months as to one of the frequencies) to 

begin all-cargo services with the frequencies at issue. We will require the carrier to institute service no 

later than June 30, 2012. However, we do not find that the public interest warrants an indefinite 

suspension of the start-up date condition applicable to the U.S.-Brazil all-cargo frequencies allocated to 

Amerijet. The conditions we typically impose on frequency allocations serve a valuable public interest 

function and we are not inclined to forego our well-established policy of requiring carriers to begin 

service by a date certain. Therefore, we have decided to deny Amerijet’s broader request. 

_____________________________________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our 

action was consistent with Department policy; and (2) grant of the authority was consistent with the 

public interest. To the extent not acted on above, we denied all requests in the referenced Docket. 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 action 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