 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 5, 2006

   NOTICE OF ACTION TAKEN -- DOCKET OST-2006-24643     

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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 4/26/06
for:

XX  Authority to exercise fifth-freedom traffic rights between Hong
Kong-Delhi, India on an already allocated Hong Kong-Paris fifth-freedom
frequency.  FedEx Express states that it intends to exercise local Hong
Kong-Delhi traffic rights on one weekly flight on a year-round basis as
soon as it receives all necessary government approvals.

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 (see remarks)

The above action was effective when taken: May 5,  2006.

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 

  

Remarks: We acted on this application without awaiting expiration of the
15-day answer period with the consent of all parties served with the
application.

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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:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
http://dms.dot.gov//reports/reports_aviation.asp 

 FedEx Express currently operates the Hong Kong-Delhi sector on a
“blind sector” basis.

 On May 2, the applicant orally clarified that rather than seeking a new
fifth-freedom frequency to serve Hong Kong-Delhi, FedEx Express is
seeking to exercise Hong Kong-Delhi fifth-freedom rights on an already
allocated Hong Kong-Paris all-cargo frequency.  

