BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

__________________________________________

Application of

FEDERAL EXPRESS CORPORATION Docket OST-96-1530

for renewal of a certificate of public convenience

and necessity pursuant to 49 U.S.C. § 41102

(U.S.-China All-Cargo Service)

___________________________________________

APPLICATION OF FEDERAL EXPRESS CORPORATION

FOR RENEWAL OF CERTIFICATE AUTHORITY

Communications with respect to this document should be sent to:

G. Bailey Leopard, Jr.

Lead Counsel

FedEx Express

3620 Hacks Cross Road

Building B, 3rd Floor

Memphis, Tennessee 38125

(901) 434-6664 (office)

(901) 434-8283 (fax)

gbleopard@fedex.com (e-mail)

Attorney for

FEDERAL EXPRESS CORPORATION

FEDEX EXPRESS REQUESTS THAT THIS APPLICATION BE PROCESSED THROUGH 

EXPEDITED NONHEARING PROCEDURES PURSUANT TO SUBPART B OF THE 

PROCEDURAL REGULATIONS OF THE DEPARTMENT.

NOTICE: Any person may support or oppose this Application by filing an Answer 

and serving it upon all persons listed on the attached Service List. 

Answers to this Application are due to be filed on December 17, 2013.

November 26, 2013
BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

__________________________________________

Application of

FEDERAL EXPRESS CORPORATION Docket OST-96-1530

for renewal of a certificate of public convenience

and necessity pursuant to 49 U.S.C. § 41102

(U.S.-China All-Cargo Service)

___________________________________________

November 26, 2013

APPLICATION OF FEDERAL EXPRESS CORPORATION

FOR RENEWAL OF CERTIFICATE AUTHORITY

Federal Express Corporation (FedEx Express) hereby applies, pursuant to 49 U.S.C. § 

41102 and Subpart B of the Procedural Regulations (14 C.F.R. Part 302.201, et seq.) of the 

Department of Transportation (the Department), for renewal of its Certificate of Public 

Convenience and Necessity for Route 638, authorizing FedEx Express to provide scheduled 

foreign air transportation of property and mail between a point or points in the United States, via 

any intermediate points, to a point or points in China open to scheduled international operations, 

and beyond to any points outside of China, with full traffic rights. Renewal of this certificate 

authority would be consistent with the public interest and Department precedent. 

FedEx Express requests that its U.S.-China Certificate for Route 638 be renewed for an 

additional five-year period, through May 25, 2019, or such longer term as the Department may 

deem appropriate. FedEx Express further requests the right to continue to integrate such 
FedEx Express Application

U.S.-China All-Cargo

2

authority with its other certificate and exemption authority to provide foreign air transportation. 

FedEx Express will accept the standard condition that any services operated pursuant to such 

route integration authority be conducted in accordance with all applicable agreements between 

the United States and the foreign countries to which such services are operated. 

FedEx Express also requests that this application be processed pursuant to the expedited 

non-hearing procedures established in Subpart B of the Procedural Regulations of the 

Department.

In support of this Application, FedEx Express states as follows:

1. FedEx Express is a citizen of the United States, as defined in 49 U.S.C. § 

40102(a)(15). It is a corporation duly organized under the laws of the State of Delaware with its 

principal offices located at 3610 Hacks Cross Road, Memphis, Tennessee 38125, and is a 

wholly-owned subsidiary of FedEx Corporation, which is a corporation duly organized under the 

laws of the State of Delaware. Its president and at least two-thirds of its board of directors and 

other managing officers are citizens of the United States, and it is under the actual control of 

citizens of the United States. At least 75 percent of its voting interest is owned or controlled by 

persons that are citizens of the United States.

2. FedEx Express is an air carrier of property and mail in scheduled air 

transportation, operating such services between numerous points in the United States pursuant to 

an All-Cargo Air Service Certificate issued under 49 U.S.C. § 41103, and in numerous 

international markets pursuant to various Certificates of Public Convenience and Necessity 

issued under 49 U.S.C. § 41102 and specific grants of exemption authority pursuant to 49 U.S.C. 

§ 40109.
FedEx Express Application

U.S.-China All-Cargo

3

3. FedEx Express currently holds certificate authority to provide scheduled all-cargo 

service between the U.S. and China pursuant to its Certificate for Route 638, which was most 

recently renewed and reissued to FedEx Express for a five-year term expiring on May 25, 2009, 

by Order 2004-5-23, served May 28, 2004. Subsequently, FedEx Express filed for a renewal of 

this authority in this docket on November 20, 2008, extending its authority pursuant to 

Department rule.

4. FedEx Express operates various gateways and FedEx Express hub airports in the 

United States and the cities of Beijing, Guangzhou, Shanghai and Shenzhen in China, via 

intermediate points and to beyond points. The all-cargo service operated by FedEx Express

between the United States and China links China to the FedEx Express global network, including 

its European hub in Paris, its Asia Pacific hub in Guangzhou, China, its SuperHub in Memphis, 

and other major air freight sorting and flight operation hubs throughout the U.S. and the rest of 

the world. That global network enables FedEx Express to provide air express and expedited air 

freight service between the major cities of China and the entire United States, and between China 

and points throughout the worldwide operations of FedEx Express.

5. Grant of the requested authority will not result in any material change in the 

annual fuel consumption requirements associated with the operations of FedEx Express, and thus 

will not constitute a “major regulatory action” under 14 C.F.R. § 313.4(a)(1).

6. The authority requested herein is wholly consistent with the route rights and other 

provisions of the existing U.S.-China Air Transport Agreement, as amended, and FedEx Express

has been formally designated through diplomatic channels to China as a duly-authorized U.S. allcargo air carrier pursuant to the agreement.
FedEx Express Application

U.S.-China All-Cargo

4

7. FedEx Express is fit, willing and able to perform the air transportation applied for 

herein and to conform to the provisions of the Federal Aviation Statutes and the rules, 

regulations, and requirements of the Department thereunder. To the extent necessary, FedEx 

Express requests the Department to take official notice pursuant to Rule 24 of the Procedural 

Regulations of the extensive data on file at the Department, including the Form 41 reports filed 

by FedEx Express and other evidence submitted by FedEx Express in competitive carrierselection and frequency-allocation proceedings, which conclusively establishes the fitness of 

FedEx Express to operate the services at issue. See e.g., U.S.-China air services proceedings in 

Dockets OST-2004-18468 and OST-2004-19077.

8. FedEx Express hereby invokes and relies upon the provisions of Section 558(c) of 

the Administrative Procedure Act, 5 U.S.C. § 558(c), as implemented by Part 377 of the 

Department’s Special Regulations, 14 C.F.R. § 377, to continue in effect its certificate authority 

to serve China until the Department makes a final determination on this Application. In 

accordance with Section 377.10(c), this renewal application is being filed more than one hundred 

and eighty (180) days prior to the expiration date of the authority at issue.

9. Finally, FedEx Express requests that this certificate renewal application be 

processed through expedited non-hearing procedures pursuant to Subpart B of the Department’s 

Procedural Regulations. There are no issues of material fact which require an evidentiary hearing 

in the case of this application, and the use of expedited non-hearing procedures will serve the 

public interest by making efficient use of the Department’s staff and resources.

WHEREFORE, FedEx Express respectfully requests that the Department issue a renewed 

Certificate of Public Convenience and Necessity for Route 638 to FedEx Express for an 
FedEx Express Application

U.S.-China All-Cargo

5

additional five-year period, through May 25, 2019, or such longer period as the Department may 

deem appropriate.

Respectfully submitted,

/s/

G. Bailey Leopard, Jr.

Lead Counsel

Attorney for

FEDERAL EXPRESS CORPORATION
FedEx Express Application

U.S.-China All-Cargo

6

CERTIFICATE OF SERVICE

I hereby certify that I have this 26th day of November, 2013, served a copy of the 

foregoing Application of Federal Express Corporation for Renewal of Certificate Authority upon 

each person listed below in the manner indicated, as required by 14 C.F.R. § 302.203.

____/s/___________________________________

G. Bailey Leopard, Jr.

Edward W. Sauer

Counsel for

Evergreen International Airlines, Inc.

esauer@ssd.com

(via e-mail)

C. Blair Berselli

Evergreen International Airlines, Inc.

blair.berselli@evergreenairlines.com

(via e-mail)

Mark W. Atwood

Counsel for Kalitta Air, LLC

matwood@sherblackwell.com

(via e-mail)

Sascha Van der Bellen 

Delta Airlines, Inc. 

sascha.vanderbellen@delta.com

(via e-mail)

Kevin P. Montgomery

Polar Air Cargo, Inc.

kevin.montgomery@polaraircargo.com

(via e-mail)

Pierre Murphy

Counsel for TradeWinds Airlines, Inc.

pmurphy@lopmurphy.com

(via e-mail)

Dontai Smalls

United Parcel Service Co.

dsmalls@ups.com

(via e-mail)

Howard Kass

U.S. Airways

howard_kass@usairways.com

(via e-mail)

Dan Weiss

United Airlines

dan.weiss@united.com

(via e-mail)

Bob Wirick

American Airlines

robert.wirick@aa.com

(via e-mail)
FedEx Express Application

U.S.-China All-Cargo

7

John Kish

Executive Director

Indianapolis International Airport

2500 South High School Rd., Suite 100 

Indianapolis, IN 46241–4941

(via U.S. mail)

Larry D. Cox, A.A.E.

President & CEO

Memphis-Shelby County Airport 

Authority

2491 Winchester Road, Suite 113

Memphis, Tennessee 38116

(via U.S. mail)

Steven Grossman

Director of Aviation

Oakland International Airport

1 Airport Drive

Oakland, California 94621

(via U.S. mail)

Anchorage International Airport

Attention: Director

P.O. Box 196960

Anchorage, Alaska 99519-6960

(via U.S. mail)

Susan M. Baer, General Manager

Newark Liberty International Airport

Building #10

The Port Authority of New York and 

New Jersey, Newark, New Jersey 07114

(via U.S. mail)

1028742