UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on March 1 , 20 1 1

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 11

- 0035

________________________________________________ _________________________________________________________ ____________ 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 KALITTA AIR, L.L.C. (Kalitta) filed 2/22 /1 1 for :

XX Allocation of one (1 ) weekly Hong Kong

- Sharjah

, U.A.E. all

- cargo frequenc y , with full fifth

freedom traffic rights. 1

Applicant rep resentative : Mark W. Atwood ( 202 ) 463

- 2513

DOT Analyst: Brett D. Kruger (202) 366

- 8025

D I S P O S I T I O N

XX Granted ( subject to conditions, see below ) 2

The above action allocating one frequenc y was effective when taken: Ma rch 1

, 20 1 1

, and will remain in effect indefinitely, subject to the conditions below.

Act ion taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the October 19, 2002, Memorandum of

U nderstanding between the Government of the United States and the Government of the Hong K ong 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 certificate s of public convenience and necessity

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

1 Kalitta states that beginning immediately, this frequency will be used to operate on a Hong Kong

- Sharjah

- Leipzig

New York (JFK) routing.

2 Under the Memorandum of Understanding between the United States and the Hong Kong Special Administrat ive Region of the People’s Republic of China, U.S. all

- cargo carriers are limited to a total of 64 weekly fifth

- freedom frequencies. With our action here, five frequencies remain available for allocation ; however, there are no remaining frequencies availa ble under the Hong Kong

- Sharjah point cap of seven (7) frequencies

.

### 2

Conditions: Consisten t with our standard practice, the allocated frequency is subject to a dormancy condition. Under this dormancy condition, if the frequency allocated here is not used for a period of 90 days (once inaugurated), the allocation with respect to the frequency w ould expire automatically and the frequency would revert to the Department.

In addition, consistent with our practice in awarding frequencies, we will require that Kalitta inaugurate service with the frequency allocated here w ithin 90 days from the date of this Notice . Failure to inaugurate service with the frequency allocated here within 90 days will result in the unused frequency

revert ing to the Department.

_____________________________________________________________________________________ Under au thority 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 constit ute 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

heari ng 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 Noti ce. 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.regu lations.gov