UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 1, 2011

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2011-0035 _____________________________________________________________________________________________________________________

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 2/22/11 for:

XX Allocation of one (1) weekly Hong Kong-Sharjah, U.A.E. all-cargo frequency, with full fifth 

freedom traffic rights.1

Applicant representative: 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 frequency was effective when taken: March 1, 2011, 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

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Holder’s certificates 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-LeipzigNew York (JFK) routing.

2 Under the Memorandum of Understanding between the United States and the Hong Kong Special Administrative 

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 available under the Hong Kong-Sharjah point cap of seven (7) frequencies.
2

Conditions: Consistent 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 would 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 within 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 

reverting to the Department.

_____________________________________________________________________________________

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.

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