 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 26, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-15881

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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).

Applicant:  BRASMEX BRASIL MINAS EXPRESS LTDA.                          
              Date Filed:  August 6, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct, carrying property and mail, the following
operations:  A) scheduled services between the two Brazilian coterminal
points Sao Paulo and Manaus and the three U.S. coterminal points Miami,
Los Angeles and New York; and B) charter operations between Brazil and
the United States, and other cargo charters, in accordance with the
Department’s regulations (14 CFR Part 212).

If renewal, date and citation of last action:  New authority.

Applicant representative:  Malcolm L. Benge, 202-298-8660          DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.                                                      
                                           Action date:  September 26,
2003

Effective dates of authority granted:  September 26, 2003, through
September 26, 2004.

Basis for approval (bilateral agreement/reciprocity):  United
States-Brazil Air Transport Services Agreement  (Agreement).

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.     

Special conditions/Remarks:  We found, based on the record in this case
and in the applicant’s application for a foreign air carrier permit
filed in Docket OST-2003-15880, that Brasmex Brasil Minas Express is
operationally and financially qualified to conduct its proposed
operations and is substantially owned and effectively controlled by
citizens of its homeland.  Also, the FAA advised us that it knows of no
reason to withhold this authority.

Brasmex Brasil Minas Express may not conduct any charter operations
to/from the United States without prior Department approval in the form
of a Statement of Authorization.  The authority granted here is subject
to the terms, limitations and conditions of the U.S.-Brazil Agreement,
including frequency allocations for the scheduled, all-cargo services.

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

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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/deferred/dismissed, 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

