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 a nd the Government of the Hong Kong Special Administrative Region of 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 ncy 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 unu sed frequency will revert to the Depa rtment for reallocation. If Kalitta does not begin service with the each of the allocated fre quencies 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 expira tion 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 allo cation. We note that the request to serve Manama and Delhi with full traffic rights is available und er the Hong Kong-Manama and Hong Kong-D elhi 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 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 re gulatory 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 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