UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC


### Issued by the Department of Transportation on May 28 , 20 10

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 2

- 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 5/26/10 for :

XX Allocation of two ( 2 ) weekly Hong Kong

- Manama, Bahrain all

- cargo frequenc ies, with full fifth freedom traffic rights, in exchange for two (2) Hong Kong

- Dubai, UAE, all

- cargo frequencies. 1 2

Applican t rep resentative : Mark W. Atwood ( 202 ) 463

- 2513

DOT Analyst: Brett D. Kruger (202) 366

- 8025

D I S P O S I T I O N

XX Granted ( subject to conditions, see below )

The above action allocating frequenc ies was effective when taken: May 28 , 20 10

, and will r emain 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 t he 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 certificate s of public convenience and necessity

Remarks : We acted on this application without awaiting expiration of the answer period with the
consent o f all parties served with the application.

Conditions: Kalitta proposes to begin service on June 2, 2010. 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 al low Kalitta to inaugurate service with the frequencies allocated here within 10 days of June 2, 2010

1 Kalitta state s that beginning June 2, 2010, these frequencies will be used to provide Bahrain

- Hong Kong all

- cargo service using Boeing 747

- 400 aircraft.
2 Kalitta states that it would return two of its weekly Hong Kong

- Dubai frequencies issued by Order 2003

- 9

- 9 in exch ange for two Hong Kong

- Manama, Bahrain frequencies.

### 2

( i.e. , by June 12, 2010). Failure to inaugurate service with a newly allocated frequency by June 1 2, 2010, will result in the unused frequency reverting t o the Department.

In addition, c onsis tent with our standard practice

, the allocated frequenc ies are subject to a dormancy condition. Under th is dormancy c ondition, if any of the f requenc ies allocated here are not used for a period of 90 days (once inaugu rated) , the allocation with respect to th at frequency would expire automatically and the frequency would revert to the Department

.

_____________________________________________________________________________________ Under authority assigned by the Depar tment 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.

Person s 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 effectiv e 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