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 authority 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 frequency allocated here is subject to our standard 90-

day dormancy condition, wherein any 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 frequency will expire 

automatically and the frequency will revert to the Department for reallocation. 

In addition, consistent with our standard 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 frequency will automatically revert to the Department for 

reallocation. 

Remarks: We acted on this application without awaiting expiration 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 frequencies to Kalitta Air, L.L.C. in Order 2010-5-8. If the 

Department finalizes its tentative award to Kalitta, there would be 10 China Zone 1 or Zone 2 frequencies 

available for allocation. With our action here, there would 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 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