UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on July 2 , 2014

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2014

- 0099

__________ _______________________________________________________________________________________________ ____________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will b e issued in this matter).

Joint Application of ATLAS AIR, INC . ( Atlas ) and POLAR AIR CARGO WORLDWIDE, INC. (Polar) filed 6/9/14

, for :

XX Reallocation of one ( 1 ) weekly Hong Kong

- Sharjah

, United Arab Emirates all

- cargo frequenc y , with

full fifth freedom traffic rights from Polar to Atlas

.

Applicant rep resentative s : Russell E. Pommer ( 202 ) 822

- 9121 (Atlas), Kevin Montgomery (202) 828

- 1002 ( Polar )

DOT Analyst: Darren Jaffe (202) 366

- 2512

D I S P O S I T I O N

XX Granted ( subject to conditions, see below ) 1

The above action was effective when taken: July 2 , 2014

, 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

U nderstanding between the Government of the United States and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China. 2

Except to the exten t exempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX Holder ’s certificate s of public convenience and necessity

_____________________________________________________________________________________ Conditions: 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

1 In the joint application, Polar states that it is willing to relinquish one of its six (6) weekly Hong Kong

- Sharjah frequencies. In the circumstances presented, including the fact that no party opposed the request, we will grant the application for reallo cation of one weekly Hong Kong

- Sharjah frequency from Polar to Atlas.

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 a ction here, 6 frequencies remain available for allocation, and there are no remaining frequencies available under the Hong Kong

- UAE point cap of seven frequencies.

### 2

frequency allocated here within 10 days of July 2 , 2014 ( i.e. , by July 1 2 , 201 4 ). Failure to inaugurate

service with this newly allocated frequency by July 1 2 , 2014 , will result in the unused frequency reverting to the Department.

In addition, c onsis tent with our standard practice

, the allocated frequenc y is subject to a dormancy

condition. Under th is dormancy c ondition, if the f requenc y 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 rever t 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 t he 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