UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

Issued by the Department of Transportation on June 11, 2012

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0093 

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

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

Application of EVERGREEN INTERNATIONAL AIRLINES, INC (Evergreen) filed 6/6/12 for:

XX Exemption under 49 U.S.C. 40109 to provide the following services:

Scheduled foreign air transportation of property and mail from any point or points behind the 

United States, via the United States and intermediate points, to any point or points in Brazil and 

beyond. Evergreen also requests authority to integrate these services with its existing exemption

and certificate authority.1

 

XX Allocation of two frequencies that are currently available for U.S.-Brazil all-cargo services.

Applicant reps: David Heffernan (202) 663-6000

DOT Analyst: Darren Jaffe (202) 366-2512

DISPOSITION

XX Granted, in part, exemption authority to Evergreen, balanced dismissed (subject to conditions, see

remarks below)

XX Granted, allocation of two frequencies to Evergreen (subject to conditions, see

below) 

The above action granting exemption authority to Evergreen was effective when taken: June 11,

2012, through June 11, 2014.

The above action allocating frequencies to Evergreen was effective when taken: June 11, 2012, and will

remain in effect indefinitely, subject to the conditions below.

The above action dismissing the balance of the applicants’ requests was effective when taken:

June 11, 2012.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

 1 The applicant’s initial proposed routes are: (i) Houston, Texas-Miami, Florida-Manaus, Brazil-Sao Paulo (Viracopos), Brazil-Bogota, 

Colombia-Barranquilla, Colombia (fuel stop only)-Houston, Texas (one flight per week); and (ii) Houston, Texas-Miami, FloridaManaus, Brazil-Rio de Janiero, Brazil-Bogota, Colombia-Barranquilla, Colombia (fuel stop only)-Houston, Texas (one flight per week). 

Based on market conditions, Evergreen may substitute routings, as noted in the application.
XX The authority granted is consistent with the aviation agreement between the United States and

Brazil, as amended, and the Memorandum of Consultations signed March 19, 2011.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and

limitations indicated:

XX Evergreen’s certificates of public convenience and necessity 

XX Standard Exemption Conditions (attached)

Conditions: Consistent with our standard practice, the frequencies allocated here are subject to our standard

90-day dormancy condition, wherein any frequency not operated for a period of 90 days (once inaugurated 

and for any reason other than seasonal use), will be deemed dormant and the allocation as to that frequency 

will expire automatically and the frequency will revert to the Department for reallocation.

In addition, consistent with our practice in awarding U.S.-Brazil frequencies, we will require that Evergreen

inaugurate service with the frequencies allocated here within 90 days of its proposed startup date, June 15, 

2012. Failure to inaugurate service with a newly allocated frequency within 90 days of the proposed startup 

date will result in the unused frequency reverting to the Department. With our action here, there are 25 U.S.-

Brazil all-cargo frequencies available for allocation to U.S. carriers for immediate operations (See Notice

Inviting Applications dated April 6, 2011).

Remarks: We dismiss that portion of the applicants’ request that seeks authority to conduct operations from 

points behind the United States as such authority is inherent in the authority that we award U.S. air carriers to 

perform foreign air transportation. Also, with respect to Evergreen’s request for route integration authority, 

we note that by Order 2010-12-24, the Department renewed Evergreen’s blanket route integration certificate. 

Therefore, we dismiss this portion of Evergreen’s request as well.

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the 

applicants qualified to provide the exemption services authorized.

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

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

(3) grant of the authority would not constitute a major regulatory action under the Energy Policy and 

Conservation Act of 1975. To the extent not granted or dismissed, we denied all requests in the referenced 

Dockets. 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 actions 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
Attachment

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