UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

Issued by the Department of Transportation on December 2, 2013

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2013-0201

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 11/19/13 for:

XX Allocation of five (5) weekly Hong Kong.-Warsaw, Poland, all-cargo frequencies, with full fifth freedom traffic

rights.1 2

Applicant representative: Anita Mosner (202) 419-2604

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Granted (subject to conditions and remarks, see below)

The above action was effective when taken: December 2, 2013, 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 15-day answer period with the 

consent of all parties served with the application.

Conditions: Consistent with our standard practice in awarding frequencies, we will allow a 10-day leeway in

the proposed start-up date for UPS. We will allow UPS to inaugurate service with the frequencies allocated here

within 10 days of December 2, 2013 (i.e., by December 12, 2013). Failure to inaugurate service with a newly

allocated frequency by December 12, 2013, 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. 

 1 UPS also requests that the U.S. Government select Poland as an additional country for fifth-freedom all-cargo services, in place of 

Thailand, under the October 19, 2002 Memorandum of Understanding between the United States and Hong Kong. UPS states that it 

will use the requested frequencies to provide five weekly all-cargo flights on a Louisville-Cologne-Warsaw-Hong Kong routing, 

which may vary seasonally. UPS had previously requested that we designate Thailand for fifth-freedom all-cargo services but is no 

longer providing such services, and no other carrier is using the allocations for service between Hong Kong and Thailand. 

2 Under the Memorandum of Understanding between the United States and Hong Kong, U.S. all-cargo carriers are limited to a total of 

64 weekly fifth-freedom frequencies. With our action here, 6 frequencies remain available for allocation, and one weekly frequency 

remains available under the Hong Kong-Poland point cap of seven frequencies.
Under this dormancy condition, if any frequency allocated here is not used for a period of 90 days (once inaugurated

and for any reason other than seasonal use), 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