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 described below, taken by the Department official 

indicated (no additional confirming order 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 and the Government of the Hong Kong Special 

Administrative Region of the People’s Republic of China.

Except to the extent exempted or waived, this authority 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 frequency 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 available under the Hong Kong-Manila point cap. With our 

action here, there are five remaining frequencies available 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 October 31, 2010, the unused frequency or frequencies 

will automatically revert to the Department for reallocation. 

Remarks: We acted on this application prior to the expiration 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) grant 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 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 within 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