UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on May 25, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0136

__________________________________________________________________________________________ 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 UNITED PARCEL SERVICE CO. (UPS) filed 5/19/10 for:

XX Allocation of one (1) U.S.-China all-cargo frequency for services between the United States and China and beyond China. 1

Applicant rep: David L. Vaughan (202) 342-8462 DOT Analyst: Thuy H. Cooper (202) 366-5423

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action was effective when taken: May 25, 2010 . The allocation of the frequency will remain in effect indefinitely, subject to conditions.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the Air Transport Agreement, as amended, between the United States and the People’s Republic of China.

Except to the extent exempted or waived, this authorit y is subject to the terms, conditions, and limitations

indicated: XX Holder’s certificates of public convenience and necessity

__________________________________________________________________________________________ Conditions: Consistent with our standard practice, the freque ncy allocated here is subject to our standard 90- day dormancy condition, wherein any fr equency not operated for a period of 90 days (once inaugurated and for any reason other than seasonal use), will be deemed dormant and the allocati on as to that frequency will expire automatically and the frequency will revert to the Department for reallocation.

In addition, consistent with our st andard practice in awarding frequencies, we will require that UPS inaugurate service within 10 days of July 24, 2010, ( i.e., by August 3, 2010). If UPS does not begin service with the allocated frequency by August 3, 2010, the unused freque ncy will automatically revert to the Department for

reallocation.

Remarks: We acted on this application without awaiting expira tion of the answer period with the consent of all parties served with the application.

1 UPS states that it will serve the United States and Shenzhen via Dubai and Cologne one time per week. UPS states that it plans to commence service on July 24, 2010.We note that we have tentatively allocated six frequenci es to Kalitta Air, L.L.C. in Order 2010-5-8. If the Department finalizes its tentative award to Kalitta, ther e would be 10 China Zone 1 or Zone 2 frequencies available for allocation. With our action here, there woul d be a total of nine (9) China Zone 1 or Zone 2 U.S.- China all-cargo frequencies available for allocation.

___________________________________________________________________________________________________ Under authority assigned by the Department in its regul ations, 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 with in 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