 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on February 24, 2004

                     NOTICE OF ACTION TAKEN – DOCKETS OST-03-15021,
OST-1998-6284, 

and OST-2002-11711

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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).

Application of   Delta Air Lines, Inc.    filed   2/17/04 for:

				 

XX Dormancy Waiver for seven of Delta’s U.S.-Brazil frequencies
through December 31, 2004 for Atlanta-Rio de Janeiro services.

Order 2003-4-18 granted U.S. passenger carriers holding limited
international route authority a blanket waiver of the dormancy
conditions applicable to their authorities through March 31, 2004.  The
order also required U.S. carriers to notify the Department in writing no
later than February 15, 2004, of the limited-entry rights that they will
not be using beginning April 1.  Finally, Order 2003-4-18 provided that
carriers are free to seek extension of the dormancy waiver beyond March
31, 2004, for specific city-pair limited-entry services where they can
demonstrate that circumstances warrant.

Delta gives notice to the Department that it does not plan to commence
Atlanta-Rio de Janeiro service by April 1, 2004, but requests a further
dormancy waiver for seven  (7) of its U.S.-Brazil frequencies through
December 31, 2004, so that Delta can continue working on restoration of
its full pattern of U.S.-Brazil service.  Delta urges the Department to
grant a waiver of the dormancy condition applicable to seven of its
U.S.-Brazil frequencies from April 1, 2004 through December 31, 2004.   


On February 24, Delta informed the Department that it had conducted a
poll and had determined there are no objections to its request by any
U.S. carrier authorized to serve Brazil. 

Applicant rep:  Robert E. Cohn, 202-663-8060   DOT analyst:    Linda
Senese, 202-366-2367

DISPOSITION

XX  Granted (see Remarks below)

The above action was effective when taken  February 24 , 2004, through  
December 31, 2004

2

XX  Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

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Remarks:  We find that grant of Delta’s request, in the particular
circumstances presented, is in the public interest.  However, we are
putting Delta on notice that there should be no expectation that an
additional request will necessarily be granted.  Any future request to
extend the dormancy waiver for the frequencies at issue here will have
to be considered in light of any specific arguments offered and
responses thereto, and in the context of the circumstances present at
that time, including whether another carrier seeks to use the
frequencies at issue.

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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

 Since February 15, 2004, fell on a Sunday and February 16, 2004 was a
Federal holiday, comments could be filed on February 17, 2004.

 Delta’s waiver from the dormancy condition is effective through
December 31, 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 31, 2004,
its frequency allocation with respect to that frequency expires
automatically.

