UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on Ma rch 28 , 20 1 2

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 12

- 0043

________________________________________________ _________________________________________________________ ____________ 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 ATLAS AIR, INC . ( Atlas ) filed 3/21/12 , as amended 3/22/12

, for :

XX Allocation of one ( 1 ) weekly Hong Kong

- Ciudad Del Esta, Paraguay all

- cargo frequenc y , with full

fifth freedom traffic rights. 1

Applicant rep resentative : Russell E. Pommer ( 202 ) 822

- 9121

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 was effective when taken: Ma rch 28 , 2012

, 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

U nderstanding between the Government of the United States and the Government of the

Hon g 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 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 Atlas also requests that the U.S. Government select Paraguay as an additional country for fifth

- freedom all

- cargo services under the October 19, 2002 Memorandum of Understanding between the United States and Hong Kong. Atlas states that beginning on or about April 12, 2012, it will use the requested frequency to provide a weekly al l

cargo flight on a Hong Kong

- Ciudad Del Este, Paraguay

- Santiago, Chile

- Miami, Florida routing. Atlas further states that it will not carry Hong Kong

- Chile fifth freedom traffic on this flight.

2 Under the Memorandum of Understanding between the United States and the Hong Kong , U.S. all

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

- freedom frequencies. With our action here, 11 frequencies remain available for allocation, and there are 6 remaining frequencies available under the Hong Kong

- Ciu dad Del Este point cap of seven frequencies.

### 2

Conditions: Atlas p roposes to begin service on or about April 12, 2012. Consistent with our standard practice in awarding frequencies, we will allow a 10

- day leeway in the proposed start

- up date for Atlas

. We will allow Atlas to inaugurate service with the frequencies allo cated here within 10 days of April 12

, 201 2 ( i.e. , by April 22 , 201 2 ). Failure to inaugurate service with this newly allocated frequency by April

22 , 201 2 , will result in the unused frequency reverting to the Department.

In addition, c onsis tent with our standard practice

, the allocated frequenc y is subject to a dormancy

condition. Under th is dormancy c ondition, if the f requenc y allocated here is not used for a period of 90 days (once inaugurated) , the allocation with respect to this frequency would expir e automatically and the frequency would revert 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 ex tent 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 se t 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 al ter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov