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 w ill 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 freque ncies 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 authorit y 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 freque ncies allocated here are subject to our standard 90-day dormancy condition, wherein any freque ncy 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 st art-up date, the unused frequencies will automatically revert to the Department for reallocation.

1 The carrier states that it plans to use the additional fr equencies 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 expirati on of the answer period with the consent of all parties served.

________________________________________________________________________________________________________________________ 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 th e 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 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