Application of 

Kalitta Air, LLC 

for an exemption 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

Docket DOT-OST-2002-12525 

pursuant to 49 U.S.C. § 40109 

(U.S.-Hong Kong Scheduled All-Cargo) 

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) ______________________________ ) 

APPLICATION OF KALITTA AIR, LLC 

FOR RENEWAL OF AN EXEMPTION 

Communications with respect to this document should be addressed to: 

March 30, 2015 

Mark W. Atwood 

Cozen O'Connor 

The Army and Navy Club Bldg . 

1627 I Street, NW 

Suite 1100 

Washington, DC 20006 

(202) 463-2513 

matwood@cozen.com 

Counsel for Kalitta Air, LLC 

NOTE: Any person may support or oppose this application by filing an answer and 

serving a copy of the answer on counsel for Kalitta Air, LLC and all persons listed on the 

attached service list. Answers to this exemption renewal application are due on or 

before April 14, 2015. 
Application of 

Kalitta Air, LLC 

for an exemption 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

Docket DOT-OST-2002-12525 

pursuant to 49 U.S.C. § 40109 

(U.S.-Hong Kong Scheduled All-Cargo) 

) 

) 

) 

) 

) 

) 

) 

) 

______________________________) 

APPLICATION OF KALITTA AIR, LLC 

FOR RENEWAL OF AN EXEMPTION 

Pursuant to 14 U.S.C. § 40109 and Subpart C of the Department's Procedural 

Rules (14 C.F.R. §§ 302.301 et seq.), Kalitta Air, LLC ("Kalitta Air" or "Kalitta") hereby 

requests renewal of its exemption from the provisions of 49 U.S.C. § 41101 authorizing 

it to engage in scheduled foreign air transportation of property and mail between the 

United States and Hong Kong . Kalitta requests that its exemption be renewed for an 

additional two years or for such longer period as the Department deems appropriate. 1 

Kalitta invokes the automatic extension provisions of 5 U.S.C. § 558(c) and Part 377 of 

the Department's Special Regulations to ensure the continued effectiveness of its 

exemption pending final action by the Department on this application. 

In support of its application, Kalitta states as follows: 

1. Kal itta Air is a Michigan limited liability company. It is a citizen of the 

United States within the meaning of the Statute, in that it is entirely owned by Mr. 

1 On January 21 , 2005, Kalitta Air applied for a certificate of public convenience and necessity authorizing 

it to operate scheduled all-cargo service between a point or points in the United States and Hong Kong 

(Docket DOT-OST-2005-20149). That application remains pending. 
Conrad Kalitta , a U.S. citizen and resident of Michigan. Mr. Kalitta is the sole owner of 

the company, and all of the company's officers are U.S. citizens. 

2. Kalitta Air was initially granted an exemption on June 26, 2002, allowing it 

to operate scheduled foreign air transportation of property and mail between New York, 

Chicago, and Los Angeles, on the one hand, and Hong Kong . That exemption authority 

was later renewed on September 5, 2007, authorizing Kalitta Air to operate scheduled 

all-cargo service between any points in the United States and Hong Kong. The 

exemption authority was most recently renewed on May 30, 2013, and expires on May 

30, 2015.

2 

3. Kalitta Air now seeks renewal of its exemption authority to provide 

scheduled all-cargo service between the United States and Hong Kong . Since its 

inauguration of service to Hong Kong in 2002, Kalitta Air has operated a high volume of 

flights at that point, both scheduled and charter. 

4. Kalitta Air has repeatedly been found fit, willing and able to provide the 

kind of air transportation contemplated herein . It holds a Certificate of Public 

Convenience and Necessity for scheduled interstate cargo air transportation . This 

certificate was issued by Order 2000-11-27 dated November 29, 2000. Kalitta Air also 

holds blanket Open Skies certificate authority as issued by Order 2007-7-14, as well as 

exemption authority, allowing it to provide foreign air transportation to points in Asia , 

Europe, Latin America and the Middle East. 3 Nothing has occurred to impair Kalitta's 

2 Notice of Action Taken dated May 30 , 2013, Docket DOT-OST-2002-12525. 

3 Notice of Action Taken dated May 13, 2013, Docket DOT-OST-2011 -0084 (U.S.-Brazil allcargo)(renewal pending); Notice of Action Taken dated May 29, 2012, Docket DOT-OST-2010-0017 

(U.S.-China al l-cargo)(renewal pending); Notice of Action Taken dated March 19, 2013, Docket DOTOST-2009-0100 (U.S.-Afghanistan)(renewal pend ing ). 

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fitness or to change the underlying information on which the Department has based its 

fitness determinations. 

5. Renewal of the requested U.S.-Hong Kong exemption authority is 

consistent with the publ ic interest. The exemption authority allows Kal itta to offer 

competitive U.S.-Hong Kong air cargo transportation to shippers both in the U.S. and 

abroad . Kalitta's authority to serve Hong Kong is permitted under the U.S.-Hong Kong 

air transport services agreement. The agreement allows U.S. airlines to operate from 

points in the United States via intermediate points to Hong Kong and beyond .

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6. As noted above, Kalitta wishes to invoke section 558(c) of the 

Administrative Procedure Act (5 U.S.C. § 558(c), as implemented under 14 C.F.R. Part 

377, pending DOT action on this renewal request. This renewal application is being 

filed in a "timely and sufficient" manner as required by the statute. 

4 Memorandum of Understanding Between the Government of the United States of America and the Hong 

Kong Special Administrative Region of the People's Republic of China , October 19, 2002. 

3 
WHEREFORE, Kalitta Air requests that the Department renew its exemption 

from the requirements of 49 U.S.C. § 41101 to the extent necessary to permit the carrier 

to operate scheduled foreign air transportation of property and mail between the United 

States and Hong Kong. Kalitta requests that this authority be renewed for a period of 

two years or until such final action is taken by the Department to grant Kalitta Air's 

pending application for certificate authority for this service. 

Dated : March 30, 2015 

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Respectfully submitted, 

oo~~~ Cozen O'Connor 

The Army and Navy Club Bldg . 

1627 I Street, NW 

Suite 1100 

Washington , DC 20006 

(202) 463-2513 

matwood@cozen.com 

Counsel for Ka litta Air, LLC 
CERTIFICATE OF SERVICE 

I hereby certify that on this 30th day of March 2015, I have caused a copy of the 

foregoing Application of Kalitta Air for Exemption Rene aHo be ervretJ all persons 

listed below by e-mail. 

~ 

JohnS. Duncan FAA john.s.duncan@faa.gov 

Robert Silverberg ABX Air, Inc. and Air rsilverberg@sgbdc.com 

Transport lnt'l 

Howard Kass American Airlines howard.kass@aa.com 

Robert Wirick robert.wirick@aa.com 

Abigail Donovan Abigail .donovan@aa.com 

John Richardson Amerijet lnt'l jrichardson@johnlrichardson.com 

Joan M. Canny jcanny@amerijet.com 

Russell Pommer Atlas Air rpommer@atlasair.com 

John R. Mietus Centurion Air Cargo, john@mietuslaw.com 

Inc. 

Sascha Vanderbellen Delta Airlines sascha.vanderbellen@delta .com 

Christopher Walker christopher. walker@delta. com 

Nancy S. Sparks Fed Ex nssparks@fedex.com 

Courtney E. Felts cefelts@fedex.com 

G. Bailey Leopard gbleopard@fedex.com 

Kevin Montgomery Polar Air Cargo kevin .montgomery@polaraircargo.com 

Aaron Goerlich Southern Air agoerlich@ggh-airlaw.com 

Dan Weiss United Air Lines, Inc. dan .weiss@united.com 

Steve Morrissey steve.morrissey@united.com 

Gerald Murphy gmurphy@crowell.com 

Anita Mosner UPS anita.mosner@hklaw.com 

Jennifer Nowak jennifer.nowak@hklaw.com 

LEGAL\2235 96 1411 

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