UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

Issued by the Department of Transportation on July 7, 2010 

NOTICE OF ACTION TAKEN – DOCKET DOT-OST-2010-0149 

This document serves as notice to the public of the action described below, by the Department official indicated 

(no additional confirming order will be issued in this matter). 

Application of FEDERAL EXPRESS CORPORATION (FedEx Express) filed 6/9/10, as amended 6/21/10, 

for: 

XX Allocation of twenty (20) U.S.-China all-cargo frequencies for year-round service between the 

United States and points in China Zone 1 or Zone 2.1 2

 

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)3 

The above actions were effective when taken: July 7, 2010. The allocation of frequencies will remain in effect 

indefinitely, subject to conditions. 

Action taken by: Paul L. Gretch, Director 

 Office of International Aviation 

XX The authority granted is consistent with the Air Transport Agreement, as amended, between the 

United States and 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 

Conditions: Consistent with our standard practice, the frequencies allocated here are subject to our standard 

 

1

 There are a total of 29 U.S.-China all-cargo frequencies available for allocation. This amount includes eight all-cargo 

frequencies that have never been allocated, 16 all-cargo frequencies previously held by Delta Air Lines, Inc. (Delta) which 

reverted to the Department, as confirmed by Delta on June 25, 2010, and five frequencies previously allocated to FedEx 

Express which also reverted to the Department (see Notice of Action Taken dated January 13, 2010, in Docket 

DOT-OST-2010-0015). 

2 FedEx Express states that it intends to use: five (5) frequencies for service between the United States and 

Guangzhou/Beijing; six (6) frequencies for service between Newark and Beijing, via Anchorage and Osaka in the 

westbound direction and via Seoul and Anchorage in the eastbound direction; three (3) frequencies for roundtrip service 

between Anchorage and Shanghai; one (1) frequency for service between Anchorage and Shanghai; and five (5) 

frequencies for service between Memphis and Shenzhen, via Anchorage one day per week in the westbound direction, and 

via Tokyo and Seoul four days per week in the westbound direction. FedEx Express further states that it plans to 

implement service with six frequencies on or about August 30, 2010 and with the remaining 14 frequencies on or about 

October 31, 2010.

3

 The current request of FedEx Express for 20 frequencies to serve between the United States and China Zone 1 and China 

Zone 2 will leave a total of nine U.S.-China Zone 1 and China Zone 2 all-cargo frequencies available for allocation. We 

note that frequency and designation limitations will no longer be applicable to scheduled all-cargo operations effective 

March 25, 2011. 
90-day dormancy condition, wherein any frequency not operated for a period of 90 days (once inaugurated and 

for any reason other than seasonal use), will be deemed dormant and the allocation as to that frequency will 

expire automatically and the frequency will revert to the Department for reallocation. If FedEx Express does not 

begin service with six of the allocated frequencies within 90 days of August 30, 2010, and with the remaining 14 

frequencies within 90 days of October 31, 2010, its proposed start-up dates, the unused frequencies will 

automatically revert to the Department for reallocation. ____________________________________________________________________________________________________________________________ 

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 or dismissed, 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