UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on March 7 , 20 1 3

NOTICE OF ACTION TAKEN

-- DOCKET S DOT

- OST

- 20 1 3

- 0039 and DOT

- OST

- 201 3

- 0040

_______________________________________________________________________________________ This serves as notice to the public of the action s described below, taken by the Department official indicated (no additional confirming order will be issued in t his matter).

Docket DOT

- OST

- 201 3

- 0039

Application of POLAR AIR CARGO WORLDWIDE, INC. ( Polar ) filed 2/28/13 for:

XX Allocation of 12 weekly Russia overflight frequencies for scheduled all

- cargo services for the Summer

2013 traffic season

. Polar states that it will use these frequencies to commence six weekly roundtrip flights between Leipzig, Germany, on the one hand, and on the other hand, any of the following points: (a) Incheon, Republic of Korea; (b) Hong Kong, Special Administrative Region of China; or (c) Shanghai, People’s Republic of China.

Docket DOT

- OST

- 201 3

- 00 40

Application of SOUTHERN AIR INC. ( Southern ) filed 2/28/13 for:

XX Allocation of five weekly Russia overflight frequencies for scheduled all

- cargo services for the Summer

2013 traffic season. Southern states that i t will use these frequencies on its existing flights between Leipzig, Germany, and Hong Kong.

Applicant rep s : Kevin P. Montgomery (202) 828

- 1002 ( Polar ) and

Aaron A. Goerlich and Jason E. Maddux ( 202 ) 776

- 3970 ( Southern )

DOT Analyst: Brett D. Kruger (202) 366

- 8025

DISPOSITION

XX Granted allocation of 12 weekly Russia overflight frequencies to Polar (subject to conditions, see below)

XX Granted allocation of five weekly Russia overflight frequencies to Southern (subject to conditions, see below)

The above action s allocating overflight frequencies to Polar and Southern were effective when taken:

March 7

, 20 1 3

.

Action taken by: Paul L. Gretch, Director

O ffice of International Aviation

XX The authority granted is consistent with t he Annex IV to the 1994 U.S.

- Russian Federation Air Transport Agreement. 1

1 On February 1 4 , 20 13 , the United States and the Russian Federation agreed, ad referendum

, on a protocol that amends, among other things, paragraph B of Section 2 of Annex IV to the U.S.

- Russia Air Transport Agreement, as amended

. For additional information, see Notice Regard ing Russia Overflight Opportunities and Inviting Applications dated February 22, 2013. The applications on which we are acting here were filed in response to that Notice.Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX Polar ’s certificates of public convenience and necessity

XX Southern’s certificates of public convenience and necessity

_______________________________________________________________________________________ Conditions: Consistent with our standard practice in allocating limited rights , the overflight frequencies allocated here are subject to our standard 90

- day dormancy c ondition, wherein any overflight frequency not operated for a period of 90 days (once inaugurated and for any reason other than seasonal use), will be

deemed dormant and the allocation as to that overflight frequency will expire automatically and the

overf light frequency will revert to the Department for reallocation.

In addition, consistent with our practice in awarding limited rights, we will require that Polar and Southern inaugurate service with the overflight frequencies allocated here within 90 days of March 31, 2013, the date that the Summer 2013 traffic season begins

. Failure to inaugurate service with such a frequency within 90 days of March 31, 2013 will result in the unused overflight frequency reverting to the Department.

Remarks: With our ac tion here, there are 19 weekly overflight opportunities available for scheduled all

cargo flights under Annex IV(2)(B) for the Summer 2013 traffic season. ( See Notice Regarding Russia Overflight Opportunities and Inviting Applications dated February 22, 2 013 ).

_______________________________________________________________________________________ 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 s

. 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 s 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 doc ument is available on the World Wide Web at: http://www.regulations.gov