OST-97-2685 / Federal Express / July 7, 1997

 

NOTICE: Any person wishing to support or oppose this Application must file an answer with the DOT's Documentary Services Division by July 22, 1997. A copy of such answer must be served upon Federal Express and its counsel and all persons named on the attached Service List.

 

Application of :

FEDERAL EXPRESS CORPORATION

for renewal of a frequency allocation pursuant to 49 U. S.C. § 40109 (U.S.-Thailand All-Cargo Service)

 

July 7,1997

 

APPLICATION OF

FEDERAL EXPRESS CORPORATION

FOR RENEWAL OF A FREQUENCY ALLOCATION

 

Federal Express Corporation (Federal Express) hereby applies, pursuant to 49 U.S.C.§ 40109 and Part 302.400 of the Procedural Regulations of the Department of Transportation (Department), for renewal of its allocation of six (6) weekly frequencies to engage in scheduled all-cargo air transportation between points in the United States, on the one hand, and points in Thailand, on the other hand, in combination with existing all-cargo services operated by Federal Express between the U.S. and other points in the Asia/Pacific Region.

 

Federal Express hereby requests that the foregoing frequency allocation be renewed for a period of two years, through September 19, 1999, or until two years after the service date of a final order granting this application, whichever occurs later.

 

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FedEx Renewal Application

Thailand Frequency Allocation

 

In accordance with Section 302.402, Federal Express submits the following information in support of this application.

 

1. Federal Express has held a preexisting allocation of one (1) Thailand all-cargo frequency which had been granted to Federal Express prior to institution of the U.S. Thailand All-Cargo Frequency Allocation Proceeding in July 1996. In that Proceeding, Federal Express was granted five (5) additional frequencies by Order 96-9-16, served September 19, 1996, for a period of one year, through September 19, 1997.

 

2. Federal Express hereby invokes and relies upon the provisions of Section 558(c) of the Administrative Procedure Act, 5 U.S.C. § 558(c), as implemented by Part 377 of the Department's Special Regulations, 14 C.F.R. § 377, to continue in effect its frequency allocation authority to serve Thailand until the Department makes a final determination of this Application. In accordance with Section 377.10(c), this renewal application is being filed more than sixty (60) days prior to the expiration date of the temporary authority at issue.

 

3. Federal Express currently provides all-cargo service between the United States and Thailand one day a week over an Anchorage-Narita-Subic Bay-Singapore-Bangkok-Taipei-Anchorage routing. The foregoing flights are operated utilizing the MD-11 freighter aircraft, having a payload capacity of 170,000 pounds.

 

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FedEx Renewal Application

Thailand Frequency Allocation

 

Commencing on September 1, 1997, /1 Federal Express plans to operate five (5) additional U.S.-Thailand frequencies over a round-the-world routing operating eastbound from Newark (one day) and Indianapolis (4 days) to Paris (CDG)-Dubai (DXB)-Bombay (BOM) -Bangkok (BKK) - Subic Bay (SFS) and connecting at Subic Bay to Federal Express flights serving points in Asia and line-haul flights to the U.S. All flights serving Bangkok are operated using 180,000-pound payload DC-10-30 freighter aircraft. A flight schedule providing more detailed information relating to the U.S.-Thailand flights operated and to be operated by Federal Express is set forth in Exhibit FX-100, infra.

 

4. As the Department has previously determined (Order 96-7-1, served July 8, 1996, p. 2), the frequency allocation authority at issue is consistent with the terms of the May 8, 1996 United States-Thailand Air Transport Agreement and Memorandum of Understanding. Accordingly, renewal of the frequency allocation authority at issue is consistent with the public interest.

 

5. Federal Express has been found to be fit, willing and able to perform the air transportation applied for herein and to conform to the provisions of the Act and the rules, regulations and requirements of the Department thereunder. The air transportation service which Federal Express proposes to render is consistent with the public convenience and necessity.

 

6. Federal Express requests that the exemption authority at issue be renewed for a two-year period, through September 19, 1999, or until two years

 

1/ Federal Express was granted an exemption to delay the start up of its five additional Thailand frequencies until September 1, 1997 by Order 97-5-6, served May 15, 1997.

 

 

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FedEx Renewal Application

Thailand Frequency Allocation

 

after the service date of a final order granting this application, whichever occurs later. Grant of a two-year renewal is consistent with the practice of the Department in numerous comparable exemption proceedings involving limited-entry international route authority.

 

WHEREFORE, Federal Express respectfully requests the Department to renew its frequency allocation granted by Order 96-9-16, served September 19, 1996, permitting Federal Express to provide scheduled all-cargo foreign air transportation between points in the United States, on the one hand, and points in Thailand, on the other hand, for a period of two years, through September 19, 1999, or until two years after the service date of a final order granting this renewal application, whichever occurs later.

 

Respectfully submitted,

Nathaniel Breed

Shaw Pittman

July 7, 1997