UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

Issued by the Department of Transportation on November 5, 2012

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0177 

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 ATLAS AIR, INC. (Atlas) filed 10/19/12 for:

XX Allocation of two (2) weekly frequencies for U.S.-Brazil all-cargo services.

1

Applicant reps: Russell E. Pommer (202) 822-9121

DOT Analyst: Darren Jaffe (202) 366-2512

DISPOSITION

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

below) 

The above action allocating frequencies to Atlas was effective when taken: November 5, 2012, and will

remain in effect indefinitely, subject to the conditions below.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

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 Atlas’ certificates of public convenience and necessity 

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 Atlas

inaugurate service with the frequencies allocated here within 90 days of the date of this Notice. Failure to 

inaugurate service with a newly allocated frequency within 90 days of the date of this Notice will result in the

unused frequency reverting to the Department. 

Remarks: We acted on this application without awaiting expiration of the answer period with the consent of 

all parties served with the application. 

With our action here, there are 34 U.S.-Brazil all-cargo frequencies available for allocation to U.S. carriers for

 1 Atlas holds authority to provide scheduled all-cargo service to/from Brazil and currently operates five (5) flights per 

week using frequencies awarded by Notice of Action Taken in Docket DOT-OST-2008-0380, dated December 22, 2008.
immediate operations.

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

applicant 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