	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on June 18, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-99-5749 

________________________________________________________________________
__________________________________________

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     6/4/2004   to:

XX Amend exemption under 49 U.S.C. 40109 to provide the following
service:  

Scheduled foreign air transportation of persons, property, and mail
between the United States and Belize to be operated with Delta’s own
aircraft, and to integrate this authority with Delta’s existing
certificate and exemption authority.   

Applicant rep:  Robert E. Cohn for Delta (202) 663-8060         DOT
Analyst:  Gerald Caolo   (202) 366-2406

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 18, 2004   through 
April 17, 2005  or until 90 days after final Department action on
Delta's corresponding certificate application in Docket OST-97-3218,
whichever occurs earlier. 

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation	

XX  The authority granted is also consistent with the overall state of
aviation relations between the United States and Belize.  

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)

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Conditions: 

The route integration authority granted is subject to the condition that
any service provided under the 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 us of its intent to serve such a market and unless and until
the Department has completed any necessary 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.

Remarks:  

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

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____________________

On the basis of data officially noticeable under Rule 24(g) of the
Department 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 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

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
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 all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544. 
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; 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.

05/2004

  Delta currently holds exemption authority to provide service between
the United States and Belize under a code-share arrangement with Air
Jamaica.  The carrier here is requesting authority to provide such
service using its own aircraft.

  Delta proposes to offer initial service between Atlanta and Belize
City. 

  Delta requested that this authority remain in effect through April 17,
2005, to be coextensive with its existing Belize code-share authority.

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