 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 21, 2002

                     NOTICE OF ACTION TAKEN -- DOCKET OST-1996-1196

_____________________________________________________________

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).

Application of   Federal Express Corporation  filed   9/12/02 to:

				 

XX  Renew for two years exemption under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign all-cargo air transportation between a point or points
in the United States and certain named points in Brazil, either directly
or via intermediate points, and beyond Brazil to points in Argentina,
Uruguay, Paraguay, and Chile. 

Applicant rep.:   M. Rush O’Keefe, Jr. 901-434-8584 DOT analyst: 
Sylvia Moore, 202-366-6519   

DISPOSITION

XX  Granted (subject to conditions, see below)

The above action was effective when taken:    October 21, 2002, through 
October 21, 2004, or until 90 days after final Department action on
Federal Express’ corresponding certificate application in Docket
45985, whichever occurs earlier.

 

Action taken by:	Paul L. Gretch, Director		

		Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and Brazil, the United States and Argentina,
the United States and Uruguay, the United States and Paraguay, and the
United States and Chile.

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

	XX  Holder’s certificates of public convenience and necessity

	XX  Standard exemption conditions (attached)

(See Reverse Side)

2

Conditions:  The authority granted to serve intermediate points is
limited to countries with which the United States has signed open-skies
agreements and/or countries for which the carrier holds authority to
serve under certificates or exemptions issued by the Department, and for
which it holds route integration authority by virtue of either the
present action or other action of the Department.

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the 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 requested 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, 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://dms.dot.gov//reports/reports_aviation.asp



APPENDIX 

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
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 the applicable requirements of the Federal Aviation
Administration Regulations and with all applicable U.S. Government
requirements concerning security; and

(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.

										10/2002

 The points in Brazil which Federal Express is authorized to serve are: 
Porto Alegre, Recife, Belo Horizonte, Salvador de Bahia, Belem, Manaus,
Brasilia, Rio de Janeiro and Sao Paulo.

 To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) to or from a foreign airport, inform
its Principal Security Inspector of its plans.

