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 Depa rtment official indicated (no additional confirming order w ill 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 authorit y 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 freque ncies 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 Chin a 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 opera ted 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 th e 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



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____________________________________________________________________________________________________________________________ Under authority assigned by the Department in its regul ations, 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 gran ted 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 with in 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