UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

Issued by the Department of Transportation on June 23, 2010 

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0144 ____________________________________________________________________________________________________________________________ 

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 (FedEx Express) filed 6/1/10 for: 

XX Authority to exercise fifth-freedom traffic rights between Hong Kong and Dubai, UAE on an already 

allocated Hong Kong-Paris fifth-freedom frequency.1

Applicant Rep: G. Bailey Leopard, Jr. (901) 434-6664 DOT Analyst: Thuy H. Cooper (202) 366-5423

D I S P O S I T I O N 

XX Granted (subject to conditions, see below)

The above action was effective when taken: June 23, 2010, 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 October 19, 2002, Memorandum of Understanding 

between the Government of the United States and the Government of the Hong Kong Special 

Administrative Region of the People’s Republic of China.

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 

 

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, 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. 

 

1

 FedEx Express currently operates the Hong Kong-Dubai sector on a blind sector basis as part of its Memphis-Paris-Hong 

Kong route. On June 18, 2010, the carrier orally clarified that while its application seeks an additional Hong Kong-Dubai 

frequency, the carrier is in fact seeking authority to serve Hong Kong-Dubai with full traffic rights on its Memphis-ParisHong Kong route rather than an additional frequency. Therefore, we are not allocating an additional frequency from the 

pool of 64; rather, we are granting the carrier the right to use an already allocated frequency for Hong Kong-Dubai service. 

We note that the request to serve Dubai with full traffic rights is available under the Hong Kong-Dubai point cap. With our 

action here, and with our concurrent action on the application of UPS (see Notice of Action Taken dated June 23, 2010, in 

Docket DOT-OST-2010-0143), there are no remaining frequencies available under the Hong Kong-Dubai point cap. There 

are seven U.S.-Hong Kong fifth-freedom frequencies available for allocation from the pool of 64 frequencies. 
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://www.regulations.gov