UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Served: February 22

, 20 1 3

NOTICE REGARDING RUSSIA OVERFLIGHT OPPORTUNITIES

AND INVITING APPLICATIONS

By this Notice we address the al location of Russia overflight opportunities and invite applications from U.S. air carriers interested in using certain opportunities newly available to overfly the territory of the Russian Federation.

Background

On February 14 , 201 3 , t he United States and the Russian Federation reached agreement, ad referendum , on a protocol that amends, among other things, paragraph B of Section 2 of

Annex IV to the U.S.

- Russia Air Transport Agreement, as amended (the Agreement).

The amended Annex IV(2)(B) increases t h e number of overflights of the Russian

Federation for U.S. air carriers operating scheduled all

- cargo flights between points in Europe and points in China (including Hong Kong), the Philippines, Kazakhstan, India, the Republic of Korea, and Japan 1 to 109 flights per wee k for the Summer 2013 traffic season

. Historically only Federal Express Corporation (FedEx) and United Parcel Service Co. (UPS) have operated on this route, using the 62 overflight frequencies specified in the Agreement plus additional flig hts granted to those carriers on an extrabilateral basis by the

Government of the Russian Federation. As discussed below, th e increase in overflight frequencies will result in 36 weekly additional opportunities for U.S. air carriers to provide

scheduled a ll

- cargo service in the upcoming traffic season

. We are instituting this proceeding to award those new frequencies.

FedEx and UPS have previously held Summer season frequencies to overfly Russia in

accordance with Annex IV(2)(B) . In this re gard, we note that , for the Summer 201 2 traffic

season, FedEx received approval to overfly Russia on 46 flights per week; and UPS received approval to overfly Russia on 29 flights per week. We note , however, that UPS has requested only 27 weekly overfligh t opportunities for the Summer 2013 traffic season. Accordingly, FedEx and UPS will retain 46 and 27 previously held weekly frequencies

, respectively

, for the Summer 2013 traffic season. 2

1 Per the Agreement, “ ( s ) uch flights shall have entered or will depart the airspace of the Russian Federation at poin ts west of GOPTO, but excluding it.”

2 Consistent with our standard practice in allocating limited rights, the overflight frequencies allocated to FedEx and UPS are subject to our standard 90

- day dormancy condition , wherein any overflight frequency not

ope rated 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 overflight frequency will expire automatically and the overflight frequency will revert to the Department for reallocation. In addition, consistent with our practice2 Applications For Allocation of New Summer 2013 Overflight Rights

We now invite applications from any U.S. carriers seeking to use the remaining 36 overflight opportunities available for scheduled all

- cargo flights under Annex IV(2)(B) for

the Summer 2013 traffic season. 3

W e seek to promptly allocate the availa ble overflight opportunities because the Summer 2013 traffic season begins on March 31, and U.S. air carriers will need time to obtain overflight approvals from the Russian aeronautical authorities . Therefore , by this Notice we are soliciting applications for the 36 available Russia overflight opportunities , and for underlying economic authority (certificate/exemption)

, to the extent necessary. In light of our goal of reaching a prompt final decision, we intend to proceed directly to a final order

in this matter

. 4 Therefore, we are establishing the following procedural schedule for

submissions:

Applications: February 28, 2013

Answers to Applications : March 6, 2013 Replies: March 11, 2013

Applications should conform to Part 302, Subpart C, o f our regulations (14 CFR Part 302)

and be served on all U.S. carriers operating large all

- cargo aircraft

.

All applications should be filed with the U.S. Department of Transportation, 1200 New Jersey Avenue, S.E., West Building Ground Floor, Room W12

- 140, Washington, D.C.

20590. 5 Applicants are instructed to submit a courtesy copy via electronic mail to the following email address es : Brett.Kruger@dot.gov and Esta.Ros enberg@dot.gov

.

Applications should include, at a minimum, the number of weekly overflight opportunities requested for each proposed service; the points to be served; and the proposed start

- up date(s)

. Applicants should also indicate that the proposed operations are feasible in terms

of completing any essential commercial contractual arrangements and securing all

necessary foreign government approvals

, and provide supporting data and arguments

. Applicants should include a statement as to whether the a pplicant would use the authority granted if the Department grants only a portion of the request

. Applicants may submit any

additional information

, such as information on whether any of the proposed flights are

in awarding limited rights, we will require that FedEx and UPS inaugurate service with the overflight frequencies that they are allowed to retain within 90 days of March 31, 2013, the date that the S ummer 2013 traffic season begins. Failure to maintain or inaugurate service with such a frequency within 90 days of March 31, 2013 will result in the unused overflight frequency reverting to the Department.

3 We intend to allocate these available overflig ht frequencies subject to a start

- up condition and our standard

90

- day dormancy condition.

4 We authorize replies to answers to facilitate our ability to proceed directly to a final order.

5 Filings should be on 8

- 1/2” X 11” white paper using dark ink (not green) and be unbound without tabs, which will expedite use of our docket imaging system. In the alternative, filers are encouraged to use the electronic submission capability available through the Federal Dockets Management System internet site ( http://www.regulations.gov ) by following the instructions on that web site.3 currently operating using alternative routing s
, that they believe will help us in awarding the subject authority.

We will serve this Notice by electronic mail on certificated U.S. carriers operating large aircraft, the U.S. Department of State (Office of Aviation Negotiations), the Federal

Aviation Administration (AFS

- 200), and the Ambassador of the Russian Federation

.

By:

PAUL L. GRETCH Director, Office of International Aviation (SEAL)

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov