UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on June 28, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0160

_____________________________________________________________________________________________________________________ This serves as notice to the public of the action d escribed below, taken by the Department official indicated (no additional confirming orde r will be issued in this matter).

Application of FEDERAL EXPRESS CORPORATION (FedEx Express) filed 6/22/10 for:

XX Allocation of two (2) weekly Hong Kong-Manila all-cargo fifth-freedom frequencies, with full traffic rights. 1 2

Applicant Rep: G. Bailey Leopard, Jr. (901) 434-6664 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 28, 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

_____________________________________________________________________________________ Conditions: Consistent with our standard practice, the frequencies allocated here are subject to our standard 90-day dormancy condition, wherein any frequ ency 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. If FedEx Express does not begin service with one of the allocated frequencies within 90 days of this

1 Up to seven fifth-freedom frequencies may be operated between Hong Kong and Manila under the point cap. On June 25, 2010, Delta Air Lines, Inc. (Delta) confirmed that the six Hong Kong-Manila frequencies previously

allocated to Delta had reverted to the Department. As a result, we note that the request of FedEx Express for two frequencies to serve Manila with full traffic rights is av ailable under the Hong Kong-Manila point cap. With our action here, there are five remaining frequencies availabl e under the Hong Kong-Manila point cap and 11 U.S.-Hong Kong fifth-freedom frequencies available for allocation from the pool of 64 frequencies.

2 FedEx Express states that it plans to implement service with one of the requested frequencies immediately and with the other frequency on or about October 31, 2010.Notice and the other frequency within 90 days of Oct ober 31, 2010, the unused frequency or frequencies will automatically revert to the Department for reallocation



### .

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 regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) gr ant 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 authorit y 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 wh en 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