UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on June 17, 2011

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2011-0099 _____________________________________________________________________________________________________________________

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 5/18/11 for:

XX Allocation of five weekly Hong Kong-New Delhi, India all-cargo frequencies, with full fifth freedom

traffic rights.

1

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

DOT Analyst: Robert J. Finamore (202) 366-8025

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: June 17, 2011, 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 frequencies allocated here are subject to our 

standard 90-day dormancy condition, wherein any frequency not operated for a period of 90 days (once 

 1 Kalitta states that beginning October 1, 2011, it will use these frequencies to operate Hong Kong-New DelhiLeipzig-Newark service.

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, 12 frequencies remain available for allocation; however, there are no remaining 

frequencies available under the Hong Kong-New Delhi point cap of seven frequencies. 
inaugurated), will be deemed dormant and the allocation as to that frequency will expire automatically 

and the frequency will revert to the Department.

In addition, consistent with our standard practice in awarding frequencies, we will allow a 10-day leeway 

in the proposed start-up date for Kalitta. We will allow Kalitta to inaugurate service with the frequencies

allocated here within 10 days of October 1, 2011 (i.e., by October 11, 2011). If Kalitta does not begin 

service with all of the allocated frequencies by October 11, 2011, any unused frequencies will 

automatically revert 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 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