Order 2013-7-4

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation 

on the 3rd day of July, 2013 

 Served: July 3, 2013 

FINAL ORDER 

By Order 2013-6-16, we tentatively awarded (1) the 14 weekly combination frequencies that 

may be used to serve any point in Brazil, which become available October 1, 2013, as follows: 

seven weekly frequencies to American Airlines, Inc. (American), for its proposed Los AngelesSao Paulo service; and seven weekly frequencies to Delta Air Lines, Inc. (Delta) for its proposed 

Atlanta-Sao Paulo service; and (2) the 14 weekly combination frequencies that may be used to 

serve any point in Brazil, which become available October 1, 2014; as follows: seven weekly 

frequencies to Delta for its proposed Detroit-Sao Paulo service; and seven weekly frequencies to 

US Airways, Inc. (US Airways) for its proposed Charlotte-Sao Paulo service. 

Objections to our tentative decision were due on July 1, 2013, with answers due July 8, 2013. 

No objections were filed. In light of the fact that no objections were filed and for the reasons set 

forth in Order 2013-6-16, we have decided to finalize our tentative decision.

Terms, Conditions and Limitations 

Consistent with our tentative decision, we will impose a startup condition for each award. We 

will require the selected carriers to institute their proposed services within 90 days of their 

proposed startup dates. 

In addition, consistent with our standard practice, the frequencies allocated in this proceeding are 

subject to our standard 90-day dormancy condition, wherein any frequencies not utilized for a 

period of 90 days (once inaugurated) will be deemed dormant and the allocation with respect to 

each such frequency will expire automatically and the frequency will revert to the Department 

for reallocation.

In the Matter of the 

2013/2014 U.S.-BRAZIL COMBINATION 

FREQUENCY PROCEEDING 

 Docket DOT-OST-2013-0072 
2 

ACCORDINGLY, 

1. We allocate to American Airlines, Inc. seven weekly combination frequencies to engage in 

scheduled foreign air transportation of persons, property, and mail between Los Angeles, 

California, and Sao Paulo, Brazil, effective October 1, 2013; 

2. We allocate to Delta Air Lines, Inc. seven weekly combination frequencies to engage in 

scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and 

Sao Paulo, Brazil, effective October 1, 2013; 

3. We allocate to US Airways, Inc. seven weekly combination frequencies to engage in 

scheduled foreign air transportation of persons, property, and mail between Charlotte, North 

Carolina, and Sao Paulo, Brazil, effective October 1, 2014; 

4. We allocate to Delta Air Lines, Inc. seven weekly combination frequencies to engage in 

scheduled foreign air transportation of persons, property, and mail between Detroit, Michigan, 

and Sao Paulo, Brazil, effective October 1, 2014; 

5. The frequency allocations in ordering paragraphs 1 through 4 above will remain in effect 

indefinitely, provided that the holder continues to hold the necessary underlying authority to serve 

the markets authorized; that the holder begins service with the allocated frequencies within 90 

days of its proposed startup date;1 and also provided further that the frequencies will become 

dormant and will revert automatically to the Department if they are not used for a period of 90 days 

(once inaugurated);

6. We grant US Airways, Inc. exemption authority to engage in scheduled foreign air 

transportation of persons, property, and mail between any point or points in the United States via 

intermediate points to any point or points in Brazil.2 The exemption authority granted by this 

order is effective immediately and will remain in effect for two years from the issue date of this 

order, subject to conditions (see Appendix); 

7. We deny the remaining requests in this proceeding; and 

 

 

1

 For the frequencies that become available October 2013, the proposed startup dates are as follows: American 

proposes to commence Los Angeles-Sao Paulo service beginning November 21, 2013; and Delta proposes to begin a 

second daily Atlanta-Sao Paulo service beginning December 15, 2013. For the frequencies that become available 

October 2014, the proposed startup dates are as follows: Delta proposes to continue Detroit-Sao Paulo service using 

the frequencies awarded here on March 1, 2015, consistent with its transfer of frequencies to US Airways; and US 

Airways proposes to continue Charlotte-Sao Paulo service using the frequencies awarded here on October 25, 2014, 

consistent with the termination of its lease arrangement with United Airlines, Inc. 

2

 US Airways holds the requisite economic authority for its Charlotte-Sao Paulo service, but has requested broad 

exemption authority for all U.S. and Brazil points. 
3 

8. We will serve this order on the parties to the captioned docket, the Brazilian 

Ambassador to the United States in Washington, DC, the Federal Aviation Administration, and 

the U.S. Department of State (Office of Aviation Negotiations). 

By: 

Susan L. Kurland 

Assistant Secretary for Aviation 

and International Affairs 

(SEAL) 

An electronic version of this document is available on the World Wide Web at: 

http://www.regulations.gov 

 
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Appendix A 

U.S. Carrier Exemption Conditions 

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall: 

(1) Hold at all times effective operating authority from the government of each country served; 

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled 

operations, if authorized); 

(3) Comply with the requirements for reporting data contained in 14 CFR 241; 

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the 

Department, contained in 14 CFR 205; 

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses; 

(6) Comply with all applicable requirements of the Federal Aviation Administration, the 

Transportation Security Administration, and with all applicable U.S. Government requirements 

concerning security, including, but not limited to, 49 CFR Part 1544. To assure compliance with all 

applicable U.S. Government requirements concerning security, the holder shall, before commencing any 

new service (including charter flights) to or from a foreign airport, contact its Principal Security Inspector 

(PSI) to advise the PSI of its plans and to find out whether the Transportation Security Administration has 

determined that security is adequate to allow such airport(s) to be served; 

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest 

as may be prescribed by the Department of Transportation, with all applicable orders and regulations of 

other U.S. agencies and courts, and with all applicable laws of the United States. 

The authority granted shall be effective only during the period when the holder is in compliance with the 

conditions imposed above. 

 1/2008