UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

Issued by the Department of Transportation on September 30, 2010 

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2002-14049 ____________________________________________________________________________________________________________________________ 

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 9/28/10 for: 

XX Allocation of three (3) weekly Hong Kong-Manama, Bahrain frequencies and one (1) weekly Hong KongDelhi, India frequency with full fifth-freedom traffic rights.1

Applicant rep: Mark W. Atwood (202) 463-2513 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) 2 

The above action was effective when taken: September 30, 2010, 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 

__________________________________________________________________________________________ 

Conditions: Consistent with our standard practice, the frequency allocation granted is subject to the condition 

that if any frequency is not used for a period of 90 days (once inaugurated), the allocation as to that frequency 

will expire automatically and the unused frequency will revert to the Department for reallocation. If Kalitta 

does not begin service with the each of the allocated frequencies within 90 days of October 11, 2010, each 

unused frequency will automatically revert to the Department for reallocation. 

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 it intends to commence operations on October 11, 2010. 

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, six frequencies remain available for allocation. We note that the request to serve Manama and Delhi 

with full traffic rights is available under the Hong Kong-Manama and Hong Kong-Delhi point caps. With our action here, 

there are no remaining frequencies available under the Hong Kong-Manama point cap and five frequencies available under 

the Hong Kong-Delhi point cap. 
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