 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on February 5, 2004

AMENDMENT TO NOTICE OF ACTION TAKEN –

DOCKETS OST-03-15021 and OST-99-6210

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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).

BACKGROUND

On January 30, 2004, the Department granted (in the above-referenced
dockets) Delta’s request for an interim dormancy waiver to preserve
Delta’s seven U.S.-Argentina frequencies from the March 31, 2004,
blanket dormancy waiver expiration date (applied to all U.S. carriers
with limited international route authority by Department Order
2003-4-18) until December 1, 2004.  In support of its request for the
waiver, Delta said that it intends to resume daily nonstop service
between Atlanta and Buenos Aires effective December 1, 2004.  

The Department’s Notice granting the waiver included a standard
footnote to the effect that Delta’s allocation would expire
automatically with respect to any frequency for which service had not
begun by the December 1 expiration date of the waiver.  

Delta submitted a letter dated February 3, 2004, with copies to all
persons served with its

January 27 request, in which it states that

While it is clear that the Department intended to allow Delta to begin
service on December 1, footnote 1 of the NOAT could be read to imply
that all of Delta’s frequencies must be operated prior to December 1. 
Delta is proceeding in accordance with its announced and DOT-approved
service plans to begin daily service on 

December 1.  However, the Department may deem it advisable to clarify
the language of footnote 1 to more accurately reflect what was requested
and approved.

DISCUSSION

In light of the language of our standard footnote, Delta would need its
dormancy waiver to run slightly beyond the December 1, 2004 date it
requested in order to provide a reasonable opportunity for full
introduction of the new service as proposed without the risk of losing
frequencies.  We have concluded that an extension of the dormancy date
to December 15 would provide Delta that full opportunity.   In light of
the non-controversial nature of Delta’s January 27 waiver request, we
will accordingly amend the expiration date of Delta’s dormancy waiver
to December 15, 2004.  Should Delta need an extension beyond that date,
it will need to request such extension formally, and the request will be
subject to the provisos set forth in the Remarks Section of our January
30 Notice of Action Taken.  Finally, we urge all interested parties to
take note of the language of the standard footnote involved here and to
take that language into consideration when calculating any requests for
dormancy waivers.

DISPOSITION

XX  Amended  Expiration Date of January 30 Notice of Action Taken to
December 15, 2004

 

XX  Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

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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; and (2) grant of
the authority was consistent with the public interest.  To the extent
not granted, we denied all requests in the referenced Docket.  We may
amend, modify, or revoke the action taken 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

 Letter to Director, Office of International Aviation, dated February 3,
2004.

 We will make a corresponding amendment to the standard footnote,
substituting December 15 for December 1.

 Delta’s waiver from the dormancy condition is effective through
December 15, 2004, or until the date on which Delta begins service with
each of these frequencies, whichever occurs earlier.  As to any
frequency with which Delta does not begin service by December 15, 2004,
its frequency allocation with respect to that frequency expires
automatically.

