UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on June 23, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0143

____________________________________________________________________________________________________________________________ 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 6/1/10 , as amended 6/2/10

, 1 for:

XX Authority to exercise fifth-freedom traffic rights between Hong Kong and Dubai, UAE on an already allocated Hong Kong-Cologne fifth-freedom frequency. 2

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: June 23, 2010

, 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 a nd the Government of the Hong Kong Special Administrative Region of 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 certificates of public convenience and necessity

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 the authority was consistent with the public interest; and (3) grant of the authority would not constitute a major re gulatory 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.

1 UPS initially requested two Hong Kong-Dubai fifth-freedom frequencies but amended its application to request an allocation of one Hong Kong-Dubai fifth-freedom frequency.

2 UPS currently operates the Ho ng Kong-Dubai sector on a blind sector basis on its Hong Kong-Cologne route. On June 22, 2010, the carrier clarified that while its application seeks an additional Hong Kong-Dubai frequency, the carrier is in fact seeking authority to serve Hong Kong-Dubai with full traffic rights on its Hong Kong-Cologne route rather than an additional frequency. Therefore, we are not allocating an additional frequency from the pool of 64; rather, we are granting the carrier the right to use an already allocated frequency for Ho ng Kong-Dubai service. We no te that the request to serve Dubai with full traffic rights is available under the Hong Kong-Dubai point cap. With our action here and with our concurrent action on the application of FedEx Express ( see Notice of Action Taken dated June 23, 2010, in Docket DOT-OST-2010-0144), there are no remaining frequencies available under the Hong Kong-Dubai point cap. There are seven U.S.-Hong Kong fifth-freedom frequencies availabl e for allocation from the pool of 64 frequencies.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