UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on June 17 , 20 1 1

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 11

- 0099

_________________________________________________________________________________________________________ ____________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming or der will be issued in this matter).

Application of KALITTA AIR, L.L.C. (Kalitta) filed 5/18/ 1 1 for :

XX Allocation of five weekly Hong Kong

- New Delhi, India a ll

- cargo frequenc ies , with full fifth freedom traffic rights

. 1

Applicant rep resentative : 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

, 20 1 1

, 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 th e 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 certificate s of public convenience and necessity

Conditions : Consistent with our standard p ractice, 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 Del hi

Leipzig

- 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 freque ncies. 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), w ill be deemed dormant and the allocation as to that frequency will expire automatically and the frequency w ill revert to the Department

.

In addition, c onsistent 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 inaug urate service with the frequencies allocated here within 10 days of October 1, 2011 ( i.e.

, by October 11 , 20 11 ). If Kalitta does not begin

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

, any unused frequencies will

automat ically 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 Notic e 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 dat e 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