 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 16, 2002

   NOTICE OF ACTION TAKEN -- DOCKETS OST-98-3846 & OST-98-4296

________________________________________________________________________
_________________________________

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      Delta Air Lines, Inc.     filed   6/27/02  to:

XX  Renew for two years exemptions under 49 U.S.C. 40109 to provide the
following service:

(1) Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States and Cotonou, Benin, and
to integrate this authority with its existing certificate and exemption
authority.  Delta plans to operate this service pursuant to a
third-country code-share arrangement with Air France (Docket
OST-98-4296).  (2) Scheduled foreign air transportation of persons
property, and mail between a point or points in the United States, on
the one hand, and Luanda, Angola; Yaounde, Cameroon; Ndjamena, Chad;
Libreville, Gabon; Nouakchott, Mauritania; Agadir, Marrakech, and Rabat,
Morocco; Niamey, Niger; Seychelles; and Sfax, Tunisia, on the other, and
to integrate this authority with its existing certificate and exemption
authority.  Delta plans to operate this service pursuant to a
third-country code-share arrangement with Air France (Docket
OST-98-3846).

Applicant rep:  Robert E. Cohn      (202) 663-8060    DOT Analyst: 
Sylvia Moore   (202) 366-6519

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:   August 16, 2002, through  
August 16, 2004, or until 90 days after final action on Delta’s
corresponding certificate application in Docket OST-99-6246, whichever
occurs earlier.

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation	

XX  The authority granted to serve Morocco and Cotonou, Benin is
consistent with the aviation agreements between the United States and
Morocco and Benin, respectively.  The authority granted to serve the
remaining points is consistent with the overall state of aviation
relations between the United States and the foreign countries involved.

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

	   XX  Standard exemption conditions (attached)

	   XX  Statement of authorization approving Delta/Air France code-share
operations dated

	           August 6, 1998, and conditions therein 

(See Reverse Side)

2

Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority 

requested should be construed as conferring upon Delta rights (including
fifth-freedom intermediate and/or beyond rights) to serve markets where
U.S. carrier entry is limited unless Delta notifies the Department of 

its intent to serve such a market and unless and until the Department
has completed any necessary carrier 

selection procedures to determine which carrier(s) should be authorized
to exercise such rights; and 

(b) should there be a request by any carrier to use the limited-entry
route rights that are included in Delta’s authority by virtue of the
route integration exemption granted here, but that are not then being
used by Delta, the holding of such authority by route integration will
not be considered as providing any preference for Delta in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

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On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

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 exemption 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://dms.dot.gov//reports/reports_aviation.asp



APPENDIX 

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration Regulations and with all U.S. Government requirements
concerning security; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

 Originally Delta operated this service pursuant to a code-share
arrangement with Sabena Belgian World Airlines, but that arrangement has
been discontinued.

