UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC


### Issued by the Department of Transportation on November 8 , 20 1 1

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 11

- 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 /1 1 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 , 20 11

. 1 Amerije t 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 sta rt

- up condition, pending a change in circumstance which would make re

imposition of the start

- up condition appropriate.

Applicant rep resentative : 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 Gr anted, 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 , 20 11

. Action taken by: Paul L. Gretch, Director Office of International Aviation

_____________________________________________________________________________________ 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, A merijet 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, 2 011, 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 requir ed 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

. U nder our own initiative, we w ill 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 , w e 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 De partment 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