 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on June 10, 2003

                     NOTICE OF ACTION TAKEN – DOCKETS	OST-2000-6816
OST-2000-8270

       	 	OST-2001-10174	OST-2001-10438

OST-2001-10457	OST-2001-10691

OST-2002-11478	OST-2000-7292

OST-2000-7390	OST-2000-7022

________________________________________________________________________
________________________________

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).

Applications of    Delta Air Lines, Inc.   for: 

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

OST-2000-6816, filed May 14, 2003:  Scheduled foreign air transportation
of persons, property, and mail between the terminal point Chicago,
Illinois, and the terminal point Mexico City, Mexico.  Delta provides
year-round service on this route pursuant to a code-share arrangement
with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Delta
places its code on flights operated by Aeromexico in the market.

OST-2000-8270, filed May 14, 2003:  Scheduled foreign air transportation
of persons, property, and mail between the terminal point Ontario,
California, and the terminal point Guadalajara, Mexico.  Delta provides
year-round service on this route pursuant to a code-share arrangement
with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Delta
places its code on flights operated by Aeromexico in the market.

OST-2001-10174, filed May 14, 2003:  Scheduled foreign air
transportation of persons, property, and mail between (1) the terminal
point Los Angeles, California, and the terminal point Acapulco, Mexico;
and (2) the terminal point New York, New York, and the terminal point
Monterrey, Mexico.  Delta provides year-round service on these routes
pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de
C.V. (Aeromexico), whereby Delta places its code on flights operated by
Aeromexico in the markets.

OST-2001-10438, filed May 14, 2003:  Scheduled foreign air
transportation of persons, property, and mail between (1) the terminal
point Salt Lake City, Utah, and the terminal point Mexico City, Mexico;
and (2) the terminal point Salt Lake City, Utah, and the terminal point
Hermosillo, Mexico.  Delta provides year-round service on these routes
pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de
C.V. (Aeromexico), whereby Delta places its code on flights operated by
Aeromexico in the markets.

OST-2001-10457, filed May 14, 2003:  Scheduled foreign air
transportation of persons, property, and mail between the terminal point
Cincinnati, Ohio, and the terminal point Cancun, Mexico.   Delta
provides service on this route pursuant to a code-share arrangement with
Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Aeromexico
places its code on flights operated by Delta in the market. 

OST-2001-10691, filed May 14, 2003:  Scheduled foreign air
transportation of persons, property, and mail between (1) the terminal
point New York, New York, and the terminal point Acapulco, Mexico; and
(2) the terminal point New York, New York, and the terminal point Puerto
Vallarta, Mexico.  Delta provides year-round service on these routes
pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de
C.V. (Aeromexico), whereby Delta places its code on flights operated by
Aeromexico in the markets.

OST-2002-11478, filed May 14, 2003:  Scheduled foreign air
transportation of persons, property, and mail between the terminal point
Ontario, California, and the terminal point Hermosillo, Mexico.  Delta
provides 														2

year-round service on this route pursuant to a code-share arrangement
with Aerovias de Mexico, S.A., de C.V. (Aeromexico) and Aerolitoral,
S.A., de C.V. (Aerolitoral), whereby Delta places its code on flights
operated by both Aeromexico and Aerolitoral in the market.

OST-2000-7292, filed April 5, 2002:  Scheduled foreign air
transportation of persons, property, and mail between (1) the terminal
point Atlanta, Georgia, and the terminal point Merida, Mexico.  Delta
provides year-round service on this route pursuant to a code-share
arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby
Delta places its code on flights operated by Aeromexico in the market.

OST-2000-7390, filed April 5, 2002:  Scheduled foreign air
transportation of persons, property, and mail between (1) the terminal
point Atlanta, Georgia, and the terminal point Leon, Mexico; and (2) the
terminal point Atlanta, Georgia, and the terminal point San Jose del
Cabo, Mexico.   Delta provides service on this route pursuant to a
code-share arrangement with Aerovias de Mexico, S.A., de C.V.
(Aeromexico), whereby Aeromexico places its code on flights operated by
Delta in the markets. 

OST-2000-7022, filed February 1, 2002:  Scheduled foreign air
transportation of persons, property, and mail between the terminal point
Las Vegas, Nevada, and the terminal point Hermosillo, Mexico.  Delta
provides year-round service on this route pursuant to a code-share
arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby
Aeromexico places its code on flights operated by Delta in the market. 

For all of the captioned applications, Delta requests authority to
combine services operated under these exemptions with all other Delta
services authorized by existing certificates and exemptions, to the
extent permitted by applicable international agreements.   Delta also
requests that all of the authorities be renewed for a period of two
years with a common expiration date. 

Applicant rep:   Robert E. Cohn  (202) 663-8060    DOT Analyst:  Linda
L. Lundell (202) 366-2336

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The action above was effective when taken:  June 10, 2003,  through 
June 10, 2005  .

Action taken by:   Paul L. Gretch, Director	

                               Office of International Aviation	

XX  Authority granted is consistent with the aviation agreement between
the United States and Mexico.

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)

------------------------------------------------------------------------
------------------------------------------------------------------------
------------Conditions:  The U.S.-Mexico transborder exemption authority
granted to Delta in the captioned dockets is subject to the dormancy
notice requirements set forth in condition 7 of Appendix A of Order
88-10-2.  With the exception of the U.S.-Mexico exemption authority
granted in Dockets OST-2001-10457, OST-2000-7390, and OST-2000-7022, the
U.S.-Mexico exemption authority granted is limited to services provided
on a code-share basis only.

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 granted should be construed as conferring 

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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 such
carrier to use the limited-entry route rights that are included in
Delta’s authority by virtue of the route integration authority 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.

The code-share operations conducted under this authorization are subject
to the following conditions:

The code-sharing operations conducted under this authority must comply
with 14 CFR 257 and with any amendment to the Department’s regulations
concerning code-share arrangements that may be adopted.  Notwithstanding
any provisions in the contract between the carriers, our approval here
is expressly conditioned upon the requirements that the subject foreign
air transportation be sold in the name of the carrier holding out such
service in computer reservation systems and elsewhere; that the carrier
selling such transportation (i.e., the carrier shown on the ticket)
accept responsibility for the entirety of the code-share journey for all
obligations established in its contract of carriage with the passenger;
and that the passenger liability of the operating carrier be unaffected.
 The operating carrier shall not permit the code of its U.S. code-share
partner to be carried on any flight that enters, departs, or transits
the airspace of any area for whose airspace the Federal Aviation
Administration has issued a flight prohibition; and    

(b)	 The authority granted here is specifically conditioned so that
neither Delta nor Aeromexico/Aerolitoral shall give any force or effect
to any contractual provisions between themselves that are contrary to
these conditions.

________________________________________________________________________
_________________

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 application 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_aviation.aspAPPENDIX 

U.S. CARRIER

Standard 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 the applicable requirements of the Federal Aviation
Administration Regulations and with all applicable U.S. Government
requirements concerning security;1 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.

													6/2003

____________________________

1 To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) to or from a foreign airport,
contact its Principal Security Inspector (PSI) to advise the PSI 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.

   Delta has requested flexibility to use its authority in the
Cincinnati-Cancun market on a year-round or seasonal basis, as dictated
by market circumstances.

   Delta does not seek to renew the Los Angeles-Durango exemption
authority originally granted in this docket (see Notice of Action Taken
dated June 20, 2000).  

   Delta provides seasonal service in the Atlanta-San Jose del Cabo
market.

