UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 28, 2012

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0043 _____________________________________________________________________________________________________________________

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 frequency, with full

fifth freedom traffic rights.1

Applicant representative: 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: March 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 

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 

_____________________________________________________________________________________

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 allcargo 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-Ciudad Del Este point cap of 

seven frequencies.
2

Conditions: Atlas proposes 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 allocated here within 10 days of April 12, 

2012 (i.e., by April 22, 2012). Failure to inaugurate service with this newly allocated frequency by April 

22, 2012, will result in the unused frequency reverting to the Department.

In addition, 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 this frequency would expire 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 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