UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 28, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2002-14049 _____________________________________________________________________________________________________________________

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 frequencies, with full fifth 

freedom traffic rights, in exchange for two (2) Hong Kong-Dubai, UAE, all-cargo frequencies.1 2

Applicant representative: 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 frequencies was effective when taken: May 28, 2010, 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 

Remarks: We acted on this application without awaiting expiration of the answer period with the 

consent of 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 

allow Kalitta to inaugurate service with the frequencies allocated here within 10 days of June 2, 2010 

 1 Kalitta states 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 

exchange 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 12, 2010, 

will result in the unused frequency reverting to the Department.

In addition, consistent with our standard practice, the allocated frequencies are subject to a dormancy 

condition. Under this dormancy condition, if any of the frequencies allocated here are not used for a 

period of 90 days (once inaugurated), the allocation with respect to that frequency would expire 

automatically and the frequency would 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