Federal Express

OST-96-1008 - Exemption - US-Argentina All-Cargo Service

June 19, 2003

FedEx Express provides expedited air freight and air express service between numerous points in the United States (and points in third countries behind the U.S.) and points in Argentina, by linking the vast domestic and international flight network and delivery system operated by FedEx Express to its existing operations serving Argentina.

Currently, FedEx Express operates five weekly roundtrip frequencies between the United States and Buenos Aires, Argentina. FedEx Express operates the U.S.-South America service using 150,000-pound payload DC-10-30 freighter aircraft. The service changes gauge at Sao Paulo and continues beyond to Buenos Aires and Santiago using 45,000-pound payload B-727-200 freighter equipment. Currently, FedEx Express operates southbound over a Memphis-Sao Paulo-Buenos Aires-Santiago routing five days a week (Tuesday, Wednesday, Thursday, Friday, and Sunday). Four of the five weekly northbound flights operate Buenos Aires-Santiago-Sao Paulo-Memphis (Monday, Tuesday, Wednesday, and Thursday). The fifth weekly northbound flight, operating on Saturdays, is routed Buenos Aires-Santiago-Sao Paulo-San Juan-Memphis.

FedEx Express requests that the exemption authority at issue be renewed for at least a two-year period, through August 22, 2005, or until 90 days after final action on the pending U.S. -Argentina certificate application of FedEx Express in Docket OST-99-6539. Grant of a two-year extension is consistent with the policy and practice of the Department in renewing temporary authorizations to serve limited-entry international markets.

Counsel: Federal Express, Thomas Donaldson, 901-434-8584

OST-96-1008 - US-Argentina All-Cargo Service

Filed June 19, 2003 | Issued July 10, 2003

Notice of Action Taken

Scheduled foreign air transportation of property and mail between a point or points in the United States, and a point or points in Argentina, either directly or via intermediate points, and to or from points beyond Argentina.

By: Paul Gretch

OST-95-838 - Worldwide Operating Flexibility

August 14, 2003

Application for Renewal of Exemption

Hereby applies, pursuant to 49 U.S.C. § 41109 and Subpart C of the Procedural Regulations of the Department of Transportation (14 C.F.R, Part 302.301, et seq.) for renewal of certain temporary exemption authority. This authority allows FedEx Express to integrate its existing authority contained in its certificates of public convenience and necessity for Routes 119, 205-F, 451, 472, 473, 553, 568, 638, 748, 787, and 793, and all other international route authority granted to FedEx Express by exemption. The exemption authority at issue grants FedEx Express operating flexibility to provide around-the-world scheduled allcargo air transportation via various points named in its certificates and exemption authority, and other inter-regional and intra-regional cargo services, subject to applicable bilateral and certificate restrictions.

Current Worldwide Service FedEx Express is continuing to use its operating flexibility exemption authority to permit the operation of an integrated system of all-cargo flights throughout the world. For example, FedEx Express currently operates daily westbound MD-1 i freighter flights over routings originating at either Memphis and Newark, with stops at Anchorage, Seoul, Taipei, and Hong Kong and terminating at either Hong Kong or Subic Bay.' In the eastbound direction, flights operate daily from Hong Kong, Singapore, Taipei, or Penang through FedEx Express facilities in Japan, and Anchorage before terminating in the United States at either New York or Memphis.

Counsel: Fed Ex, David Short, 901-434-8584

OST-95-838 - Worldwide Operating Flexibility

Filed August 14, 2003 | Issued September 25, 2003

Notice of Action Taken | Word

Integrate its certificate authority on Routes 119, 205-F, 451, 472, 473, 553, 568, 638, 748, 787, and 793, and all other international route authority held by Federal Express by exemption to permit Federal Express operating flexibility to provide around-the-world scheduled all-cargo air transportation via various points named in its certificates and exemption authority, and other interregional and intra-regional all-cargo services, subject to applicable bilateral, certificate, and exemption restrictions. Federal Express requests that the integration authority be granted on an indefinite basis or, in the alternative, for a two year period, through October 24, 2005.

By: Paul Gretch

OST-97-2494 - Form 41: Schedule B-7

October 29, 2003

Motion for Confidential Treatment Pursuant to Rule 12

Counsel: Fed Ex, G. Bailey Leopard, 901-434-6664

OST-97-2494 - Form 41 Confidential Treatment - Schedule B-7

February 4, 2004

Motion for Confidential Treatment Pursuant to Rule 12

Counsel: Federal Express, G. Bailey Leopard, Jr., 901-434-8283

OST-96-1960

February 24, 2004

Re: Revised Family Assistance Plan

Counsel: FedEx, Shirley Harris

OST-97-2494 - Form 41; Schedule B-43

March 29, 2004

Motion for Confidential Treatment Pursuant to Rule 12

Counsel: Federal Express, Bailey Leopard, Jr., 901-434-6664

OST-96-2018 - Russia All-Cargo Frequency Dormancy Condition

Filed February 4, 2004 | Issued April 9, 2004

Notice of Action Taken

By Order 96-2-17 the Department granted Federal Express exemption authority to provide scheduled all-cargo service in the New York/Memphis-Moscow market and allocated it five weekly all-cargo frequencies for this service. That award was subject to the condition that the frequency allocation would expire automatically and the frequencies would revert to the Department for reallocation if they were not used for a period of 90 days.

On November 1, 1999, Federal Express temporarily suspended its direct flight operations serving Moscow. By various Notices of Action Taken the Department granted Federal Express waivers of the 90-day dormancy condition for all five frequencies. We granted the most recent of these waivers (see Notice of Action Taken dated June 21, 2002, in this Docket) because revisions to the Annexes to the U.S.-Russia agreement had made it impossible for Federal Express to use its frequencies as desired. The waiver runs through April 11, 2004, the date to which the Annexes to the U.S.-Russia agreement had provisionally been extended. As U.S.-Russian negotiations on the provisions of the Annexes are ongoing, Federal Express now seeks a further waiver from the dormancy condition for all five of its frequencies until April 11, 2006, the date to which Federal Express understands the Annexes are expected to be extended.

Federal Express’ waiver from the dormancy condition is effective through April 11, 2006, or until the date on which Federal Express begins service with each of the frequencies, whichever occurs earlier. The 90-day dormancy period will begin on the date Federal Express begins service. As to any frequency with which Federal Express does not begin service by April 11, 2006, its frequency allocation with respect to that frequency expires automatically.

By: Paul Gretch

OST-97-2494 - Form 41 Schedule B-7

May 4, 2004

Motion for Confidential Treatment Pursuant to Rule 12

Counsel: FedEx, G. Bailey Leopard, Jr., 901-434-6664

Order 04-05-23
OST-2001-9622 - Continental - Houston- Lima
OST-1996-1530 - Federal Express - U.S.-China All Cargo
OST-1997-2646 - FWIA - Houston/Miami-Lima/Iquito and Beyond to Santiago All-Cargo Scheduled
OST-1999-6425 - Polar - U.S.-Argentina; U.S.-Chile Certificate of Public Convenience and Necessit
OST-1997-2911 - United - US-South Africa Codeshare
OST-1997-2046 - United - U.S.-Argentina, Brazil, and Columbia on Route 632

Issued March 29, 2004 | Served May 28, 2004

Order Issuing Certificates | Word

We amend or issue in the form attached, certificates of public convenience and necessity to the applicants listed in the caption of this order. We dismiss, as moot, the application of Polar Air Cargo to the extent that it seeks certificate authority to serve the Argentina and Grenada markets. We deny United's application in Docket OST-1997-2046 to the extent that it seeks to renew U.S-Brazil authority on segments 1 and 6 for an indefinite duration

By: Karan Bhatia

Order 04-05-23
OST-2001-9622 - Houston- Lima
OST-1996-1530 - U.S.-China All Cargo
OST-1997-2646 - Houston/Miami-Lima/Iquito and Beyond to Santiago All-Cargo Scheduled
OST-1999-6425 - U.S.-Argentina; U.S.-Chile Certificate of Public Convenience and Necessity
OST-1997-2911 - US-South Africa Codeshare
OST-1997-2046 - U.S.-Argentina, Brazil, and Columbia on Route 632

Issued March 29, 2004 | Served May 28, 2004

Order Issuing Certificates - Corrected Copy | Word

*To reflect insertion of dates omitted from certificates and the fact that United was not issued a certificate for China authority, as indicated on page 3 of the posted copy.

By: Karan Bhatia

Issued March 29, 2004 | Served May 28, 2004

Order Issuing Certificates - Corrected Copy | Word

*Corrects Order 2004-5-23, served May 28, 2004, to include Chile in Polar’s certificate for Route 651. Only Polar’s certificate is attached to this correction.

By: Karan Bhatia

Issued March 29, 2004 | Served June 15, 2004

Order Issuing Certificates - Corrected Copy | Word

Only difference between this and the one from June 15th is the Serve Date in the upper right hand corner.

By: Karan Bhatia

OST-04-18707 - Exemption - New Orleans-Guadalajara/Toluca/Monterrey

July 21, 2004

Application for an Exemption

FedEx Express is already designated to provide all‑cargo service pursuant to the U.S.‑Mexico Air Transport Services Agreement of August 15, 1960, and has been issued a Certificate of Public Convenience and Necessity for Route 568, authorizing it to provide all‑cargo service between the U.S. gateway points Memphis, Tennessee, and Harlingen, Texas, on the one hand, and the Mexican gateway points Mexico City (Toluca), Guadalajara, and Monterrey. Demand for FedEx Express service has grown, reflecting the expanding trade relationship between the two countries. Accordingly, at this time, FedEx Express proposes to augment its U.S.‑Mexico service pattern with a new routing, New Orleans ‑ Guadalajara, to be served initially with B‑727 freighter aircraft with a net payload capacity of 49,000 pounds, operating four times weekly. The service could be up‑gauged to a larger aircraft, and/or operated more frequently, according to market demand.

FedEx Express intends to amend its application to renew its Certificate for Route 568, currently pending in Docket OST-2001-9824, to reflect this authority on a permanent basis.

Counsel: Federal Express, David Short, 901-434-8584, dshort@fedex.com

OST-04-18707 - Exemption - New Orleans-Guadalajara, Mexico

August 3, 2004

Re: City of New Orleans Letter in Support

We support the application because Mexico is one of the most important trading partners of Louisiana and the City of New Orleans is the portal for much of that trade. Establishment of this new service between New Orleans and Guadalajara, Mexico will contribute to job creation and economic growth for our region.

By: Mayor Roy Williams

OST-97-2494 - Form 41 Schedule B-7

August 9, 2004

Motion for Confidential Treatment

Counsel: FedEx, G. Bailey, Leopard, Jr., 901-434-6664

OST-96-1196 - US-Brazil All-Cargo

August 20, 2004

Application for Renewal of an Exemption

Currently, FedEx Express operates five weekly frequencies between the United States and Brazil, operated between Memphis, on the one hand, and Sao Paulo, Brazil, on the other hand, with onward service beyond Sao Paulo to Porto Alegre, Brazil, and Buenos Aires, Argentina. FedEx Express operates its U.S.-Brazil service using FedEx Express DC-10-30 freighter aircraft. The service changes gauge at Sao Paulo and continues beyond to Porto Alegre and Buenos Aires using Fokker F-27 freighter equipment wet-leased from Mountain Air Cargo, Inc., a U.S. air carrier.

FedEx Express operates southbound over a Memphis-Sao Paulo routing five days a week (Tuesday, Wednesday, Thursday, Friday, and Sunday). FedEx Express operates northbound flights from Sao Paulo to Memphis nonstop four days each week (Monday, Tuesday, Wednesday, and Thursday). The fifth northbound flight from Sao Paulo to Memphis, departing Sao Paulo on Saturdays, stops in San Juan, Puerto Rico. One weekly northbound flight from Sao Paulo to Memphis makes an enroute stop at San Juan, Puerto Rico.

The most recent DOT allocation to FedEx Express was made in Docket OST-00-7559, November 14, 2000. FedEx Express relinquished one frequency on December 30, 2002. All five remaining frequencies are of indefinite duration.

Counsel: FedEx, David Short, 901-434-8584, dshort@fedex.com

OST-96-1196 - US-Points in Brazil Either Directly or via Intermediate Points, and Beyond to Points in Argentina, Uruguay, Paraguay, and Chile

Filed August 20, 2004 | Issued October 22, 2004

Notice of Action Taken | Word

Scheduled foreign all-cargo air transportation between a point or points in the United States and certain named points in Brazil, either directly or via intermediate points, and beyond Brazil to points in Argentina, Uruguay, Paraguay, and Chile.

By: Paul Gretch

OST-97-2494 - Confidential Treatment - Form 41, Schedule B-7

November 10, 2004

Motion for Confidential Treatment

Counsel: FedEx, G. Bailey Leopard, Jr., 901-434-6664

OST-05-20279 - Exemption - US-Kazakhstan All-Cargo

January 31, 2005

Application for an Exemption

FedEx Express has served Kazakhstan on an interline basis for many years. The Company has an agent in Kazakhstan which handles pick-up, delivery, and customs clearance. At present, FedEx offers service to points throughout Kazakhstan, utilizing interline air service and in-country logistics provided through its agent. On October 29, 2003, FedEx Express began using Almaty as a refueling stop on January 31, 2005 its Hong Kong - Paris flights, because refueling enabled FedEx Express to increase the westbound Asia-Europe cargo capacity of each flight by 55,000 pounds with little circuity. Almaty boasts a 4,400-meter long runway, modem fuel supply facilities, and highly professional technical support and services. Boosted by strong cargo growth, FedEx Express believes that the time is now right for it to inaugurate scheduled third, fourth, and fifth freedom U.S.-Kazakhstan services, linking North America, Europe, and Asia.

FedEx Express intends to serve Almaty on its Asia-Europe services, and seeks flexibility to link Almaty with the various Asian and European cities it serves as traffic demands. FedEx Express will operate through Almaty using MD-11 equipment having a gross payload of 196,000 pounds. The service will connect with the FedEx Express international network at points along the route.

Counsel: FedEx, David Short, 901-434-8584, dshort@fedex.com

OST-97-2494 - Form 41, Schedule B-7

February 8, 2005

Motion for Confidential Treatment

Counsel: FedEx, G. Bailey Leopard, Jr., 901-434-6664

OST-2005-20279 - US-Kazakhstan All-Cargo

February 11, 2005

Re: Polling Letter

This is to confirm that FedEx Express contacted all air carriers on the service list for this docket, and that all have stated that they do not intend to object to the application.

As stated in our initial application filed January 31, 2005, FedEx Express seeks expedited consideration of this application, since it intends to start the proposed service on February 27, 2005. Given the non-controversial nature of this application, FedEx Express asks that the Department complete its review on an expedited basis, and approve the application as soon as possible, but no later than February 21, 2005. A copy of this letter has been served on all parties, in the manner indicated on the attached service list.

Counsel: FedEx, George Bailey Leopard, Jr.

OST-2005-20279 - US-Kazakhstan All-Cargo

Filed January 31, 2005 | Issued February 23, 2005

Notice of Action Taken - Corrected | Word

Scheduled foreign air transportation of property and mail between the United States and Kazakhstan and beyond, via intermediate points, and to integrate this authority with its other existing world-wide authorities. Initially, Federal Express intends to offer fifth-freedom services between Hong Kong and Kazakhstan on Hong Kong-Almaty-Paris-U.S. flights.

By: Paul Gretch

OST-1997-2494 - Form 41 Schedule B-43

March 28, 2005

Motion for Confidential Treatment Pursuant to Rule 12

Counsel: Federal Express, G. Bailey Leopard, 901-434-6664

OST-1996-1008 - Exemption - US-Argentina All-Cargo

May 10, 2005

Application for Renewal of an Exemption

FedEx Express has a well‑established presence in the U.S.-Argentina market, having served Argentina since its acquisition and merger with Flying Tigers in the late 1980s. At present, FedEx offers five weekly round trips between the United States and Buenos Aires as part of its Latin America & Caribbean Division. Based in Miami, the Latin America and Caribbean Division serves more than 50 countries and territories and employs more than 3,000 people.

FedEx Express asks that this authority be renewed for a period of two years, or until 90 days after final Department action on its pending certificate application in Docket OST-1999-6539.

Currently, FedEx Express operates five weekly round trips between the United States and Buenos Aires, Argentina via Brazil. The service changes gauge at Sao Paulo, Brazil, from DC- 10-30 freighter aircraft having a gross payload of 150,000 pounds to Fokker F-27 aircraft (gross payload 13,000 pounds) under a long-term wet lease operated by Mountain Air Cargo, Inc. Southbound, it continues from Sao Paulo to Porto Alegre, Brazil, and Buenos Aires five days a week. Northbound services operate over a Buenos Aires-Porto Alegre- São Paulo-Memphis routing four days a week, with a fifth weekly northbound flight operating from Buenos Aires to Memphis via Porto Alegre, Sao Paulo, and San Juan, Puerto Rico. FedEx Express intends to continue to serve Buenos Aires, and seeks the flexibility needed to link Buenos Aires with other cities on its worldwide network, as traffic demands.

Counsel: Federal Express, David Short, 901-434-8584, dshort@fedex.com

OST-1997-2494 - Form 41; Schedule B-7

May 10, 2005

Motion for Confidential Treatment Pursuant to Rule 12

Counsel: Federal Express, G. Bailey Leopard, 901-434-6664

OST-2005-21304 - Allocation of One US-Hong Kong Fifth-Freedom All-Cargo Frequency

May 18, 2005

Application for Immediate Allocation

Seeks the one weekly U.S.-Seoul-Hong Kong fifth-freedom frequency relinquished yesterday by Northwest Airlines. We could deploy that frequency next week, if permitted, because we already operate six weekly flights between Hong Kong and Seoul, but bilateral restrictions keep us from selling our services on the Hong Kong/Seoul sector of three of the flights. If the Department grants FedEx Express's application, we could simply begin selling Hong Kong/Seoul service on a flight we already operate, which would benefit the public by eliminating a regulatory restraint that adds inefficiency and cost to our operations.

Counsel: Federal Express, G. Bailey Leopard, 901-434-6664, gbleopard@fedex.com

OST-2005-21304 - Federal Express - Allocation of Seoul-Hong Kong Frequency

June 2, 2005

Supplement Number 1 to Application for Immediate Allocation

This supplement responds to categories 5 and 7. category 5 (route integration): FedEx Express holds broad route integration authority, which allows it to integrate its certificate and exemption authorities to permit operating flexibility, subject to applicable bilateral, certificate, and exemption restrictions. Notice of Action Taken, Docket OST-95-838 (Sept. 23, 2003). Although FedEx Express does not believe that it requires further route integration authority to conduct the proposed operations in conjunction with its around-the-world services, FedEx Express requests such authority as the Department may consider to be necessary. Category 7 (existing authority): FedEx Express holds a certificate for Route 205-F, issued by Order 89-5-10, which includes Hong Kong and Korea on segment 2

Counsel: Federal Express, G. Bailey Leopard, 901-434-6664, gbleopard@fedex.com

OST-2005-21304 - Allocation of One US-Hong Kong Fifth-Freedom All-Cargo Frequency

June 9, 2005

Amendment No. 1 to Application for Immediate Allocation

Hereby amends its application in this docket to request allocation of three U.S.-Hong Kong fifth-freedom all-cargo frequencies to be used between Hong Kong and Seoul. FedEx Express also seeks interim use of two such frequencies pending the Department's issuance of a final order concerning the longer-term allocation of these frequencies. Such an allocation would bring the total frequencies allocated to FedEx Express for use between Hong Kong and Seoul to six - a critical mass that would lower costs, enhance service options for U.S. shippers and exporters, and give FedEx Express the opportunity to develop an express service pattern in the Hong Kong/Seoul fifth- freedom market.

Counsel: Federal Express, G. Bailey Leopard, 901-434-6664, gbleopard@fedex.com

OST-2005-21308 - Polar Air Cargo
OST-2005-21316 - United Parcel Service
OST-2005-21409 - Polar Air Cargo

June 13, 2005

Consolidated Answer of Federal Express Corporation

All three applicants for the newly available Hong Kong fifth-freedom opportunities state that they are presently operating on a blind-sector basis. For that reason, an award will necessarily improve the efficiency of any applicant's operation. However, the applications before the Department establish that a permanent award to Federal Express Corporation of all three frequencies will best promote the public interest.

The record shows that FedEx Express is the only applicant that can couple the three available frequencies with its existing frequencies to create a daily air express/cargo pattern. Six weekly frequencies would give us the critical mass of rights needed to compete more effectively with foreign air express/cargo operators and to expand our share of the global air express/cargo market. Integrating these express opportunities into our global network would also allow us to match supply more closely to demand, increasing the efficiency of that network, with the net result of lowering costs to U.S. shippers and exporters. Finally, it would allow the Department to redress the imbalance between general freight and express opportunities.

Counsel: Federal Express, G. Bailey Leopard, 901-434-6664, gbleopard@fedex.com

OST-2005-21304 - Federal Express
OST-2005-21316 - United Parcel Service

June 13, 2005

Consolidated Answer of Polar Air Cargo

Each applicant seeks all three of the fifth- freedom all-cargo frequencies available. And each would use the frequencies on a yearround basis. Beyond that, however, the relative merits of the proposals sharply diverge. Only Polar proposes to use all three frequencies to operate three weekly Hong KongKorea services in both directions, offering three weekly round trips. Only Polar has a hub at lncheon Airport and requires the frequencies to carry traffic between Hong Kong, Incheon and points on its network beyond Incheon. Only Polar would use B747 freighter equipment that would maximize the capacity available to carry fifth-freedom traffic over this sector and maximize competition with the networks of FedEx, UPS and numerous foreign carriers serving Asia. An award to Polar of the available frequencies will ensure the broadest public benefits in the form of enhanced competition and an alternative freight-of-all-kinds service option to trans-Pacific, intra-Asia and global shippers.

Counsel: Polar and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com

OST-2005-21304 - Federal Express - Allocation of US-Hong Kong Fifth-Freedom Frequencies

June 13, 2005

Answer of United Parcel Service to Application of Federal Express

In this proceeding, FedEx says it wishes to obtain a "critical mass" of the twelve available Hong Kong-Korea frequencies. What FedEx in fact wishes is to keep its principal competitor, UPS, out of this important market. FedEx currently has the most U.S.-Hong Kong fifth-freedom frequencies of all U.S. carriers. FedEx should have the flexibility with its current mass of frequencies to enhance service options and lower costs, as it says it wishes to do, without the award of additional frequencies.

Furthermore, an award of three additional frequencies to FedEx will result in less competition among U.S. carriers and between U.S. carriers and powerful foreign incumbents. An allocation of three frequencies to UPS, enabling UPS to "open the door" on existing Hong Kong-Korea flights, would guarantee that both FedEx and Polar would face vigorous competition in the Hong Kong-Korea market. An award to FedEx conflicts with one of the Department's longstanding policy goals of "strengthening competition among U.S. carrier and among U.S. and foreign carriers in the Pacific rim region."

Counsel: Kelley Drye, David Vaughan, 202-955-9792, dvaughan@kelleydrye.com

OST-2005-21308 - Polar Air Cargo - Allocation of US-Hong Kong Fifth-Freedom Frequencies

June 13, 2005

Answer of United Parcel Service to Application of Polar Air Cargo

Hereby answers the Application filed by Polar Air Cargo, Inc. for an allocation of the three (3) available Hong Kong-Korea fifth-freedom all-cargo frequencies. An allocation of three frequencies to Polar would not diversify the shipping options available to consumers and would limit competition in this limited entry market. As is the case with FedEx, Polar already serves the market-UPS currently cannot. The Department should ensure that consumers benefit from the meaningful competition between three U.S. carriers in the Hong Kong-Korea market that can only be achieved through an award of three frequencies to UPS in this proceeding. Such an award would enable UPS to "open the door" on Hong Kong-Korea services it already operates.

Counsel: Kelley Drye, David Vaughan, 202-955-9792, dvaughan@kelleydrye.com

OST-2005-21409 - Polar Air Cargo - Pendente Lite Allocation of US-Hong Kong Fifth-Freedom All-Cargo Frequencies

June 13, 2005

Answer of United Parcel Service

Hereby answers the Application filed by Polar Air Cargo, Inc. for an immediate pendente lite frequency allocation of two Hong Kong-Seoul fifth-freedom all-cargo frequencies previously allocated to Kalitta Air, L.L.C. While UPS agrees that the Department should allow a carrier to utilize these valuable frequencies on a pendente lite basis, an award to Polar would not be the most productive and efficient use of the frequencies. An immediate allocation to Polar fails to maximize the public interest because it would not diversify the shipping options available to consumers and would not increase competition in this limited entry market.

Counsel: Kelley Drye, David Vaughan, 202-955-9792, dvaughan@kelleydrye.com

OST-2005-21316 - Immediate Pendente Lite Allocation of Three US-Hong Kong Fifth-Freedom Frequency

June 13, 2005

Application for an Immediate Pendente Lite Allocation of Frequencies

Hereby applies for an award, pendente lite, of the three (3) weekly Hong Kong-Korea fifth-freedom all-cargo frequencies returned by Northwest Airlines, Inc. and Kalitta Air, L.L.C. UPS respectfully requests that it be permitted to operate this authority immediately, and continue to operate these valuable frequencies until the Department issues an order for the long-term allocation of the frequencies.

Currently, UPS operates in the Seoul-Hong Kong market six days per week (Monday -Saturday) on a blind sector basis. If the Department grants UPS' request for pendente lite authority (as well as permanent authority), UPS would be able to commence service immediately and productively, thus maximizing the value of the frequencies. UPS would simply open its currently "closed door" on flights already being operated.

Counsel: Kelley Drye, David Vaughan, 202-955-9792, dvaughan@kelleydrye.com

OST-2005-21409 - Polar Air Cargo - Immediate Pendente Lite Allocation of US-Hong Kong Fifth-Freedom Frequencies
OST-2005-21308 - Polar Air Cargo - Allocation of US-Hong Kong Fifth-Freedom Frequencies
OST-2005-21316 - United Parcel Service - Allocation of US-Hong Kong Fifth-Freedom Frequencies

June 15, 2005

Motion for Leave to File an Otherwise Unauthorized Document and Consolidated Reply of Federal Express

We object strongly to Polar's suggestion that the Department decide the long-term disposition of the frequencies on the papers before it, although we concur that the issues have been narrowed sufficiently such that "binders full of paper exhibits” are unnecessary to resolve them. FedEx Express has raised a material issue of evidentiary fact regarding Polar's current usage, which the Department will require evidence to resolve.

Counsel: Federal Express, G. Bailey Leopard, 901-434-6664, gbleapard@fedex.com

June 15, 2005

Consolidated Response of Polar Air Cargo and Motion for Leave to File

The Department should not be misled by FedEx's reliance on Polar's incomplete internet schedules. Polar is utilizing its existing fifth-freedom frequencies and can be relied upon to use the additional frequencies it seeks consistent with its proposal. Contrary to FedEx's claims, there is no need for a carrier selection proceeding to resolve these issues. Polar has previously reported its frequency utilization to the Department and has updated that information above.

Counsel: Polar and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com

OST-2005-21316 - United Parcel Service - Allocation of US-Hong Kong Fifth-Freedom Frequencies

June 15, 2005

Re: Polling Results of United Parcel Service to Shorten Answer Period

On behalf of United Parcel Service Co., I have polled representatives of Federal Express Corporation and Polar Air Cargo, Inc. with regard to UPS' request that the Department shorten the answer period to the above‑referenced Application for an Immediate Pendente Lite Allocation of Frequencies. FedEx has advised ITS that it has no objection to the granting of the request to shorten the answering period. Polar has not yet responded to UPS' request to shorten the answer period.

Counsel: Kelley Drye, David Vaughan, 202-955-9864, dvaughan@kelleydrye.com

OST-1997-2494 - Confidential Treatment, Form 41 Schedule B-7

August 15, 2005

Motion for Confidential Treatment

Federal Express Corporation hereby submits this motion to withhold from public disclosure certain information contained in its Form 41, Schedule B-7, Inventory of Airframe and Aircraft Engines Report for the quarter ending June 30, 2005, submitted herewith under seal pursuant to Rule 12 of the Rules of Practice of the Department of Transportation.

Counsel: FedEx, G. Bailey Leopard, 901-434-6664

OST-1995-838 - Worldwide Operating Flexibility

August 24, 2005

Application for Renewal of an Exemption

Federal Express Corporation hereby seeks renewal of its route integration authority. FedEx Express relies on the operating flexibility available under this authority to operate its highly efficient air express/cargo network.

FedEx Express asks that the Department renew this exemption authority on an indefinite basis with no fixed exp