UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation on August 3, 2010

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0197 ________________________________________________________________________________________________________________________ 

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 EVERGREEN INTERNATIONAL AIRLINES, INC. (Evergreen), filed 8/2/10 for: 

XX Allocation of two (2) U.S.-China all-cargo frequencies for services between the United States and 

points in China Zone 1.1

XX Motion for expedited action. 

Applicant rep: Edward W. Sauer (202) 626-6641 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)2

The above action was effective when taken: August 3, 2010. The allocation of the frequencies 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 certificate of public convenience and necessity 

_______________________________________________________________________________________ 

Conditions: Consistent with our standard practice, the frequencies allocated here are 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, if Evergreen does not begin service with the allocated frequencies within 90 days of 

September 15, 2010, its proposed start-up date, the unused frequencies will automatically revert to the 

Department for reallocation. 

 

1

 The carrier states that it plans to use the additional frequencies to supplement its existing year- round New YorkShanghai scheduled all-cargo service beginning September 15, 2010. The carrier further states that it intends to operate 

over the following routes: Chicago-Shanghai-Chicago and New York (JFK)-Shanghai-New York (JFK). 

2 Our action granting Evergreen’s current request leaves a total of six U.S.-China Zone 1 all-cargo scheduled 

frequencies available for allocation.
2

Remarks: We acted on this application prior to the expiration of the answer period with the consent of all 

parties served. 

________________________________________________________________________________________________________________________ 

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 application 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