 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 29, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15805           

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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).

Joint Application of   Delta Air Lines, Inc. and Emirates    

Background:  On October 14 and October 24, 2003, in Docket
OST-2003-15805, we granted a joint request of Emirates and Delta
Airlines for blanket statements of authorization to conduct reciprocal
code-share services between the United Arab Emirates and the United
States.   We granted the authorities subject to, among other things, the
condition that Emirates only exercise the authority as part of a
Department-authorized code-share or wet-lease arrangement with a duly
authorized and properly supervised carrier or carriers.  We had also
included such a code-share/wet-lease condition in authority we awarded
Emirates on July 1, 2003, in Dockets OST-2000-7490 and OST-2000-7495.

By letter dated January 23, 2004, Emirates advised us that it was ready
to conduct the authorized operations with its own aircraft, and asked
that the code-share/wet-lease condition be removed from its authority in
Dockets OST-2000-7490, OST-2000-7495, and OST-2003-15805.

By Notice of Action Taken dated January 23, 2004, in Dockets
OST-2000-7490 and OST-2000-7495, we removed the code-share/wet-lease
condition from the authorities granted Emirates on July 1, 2003.  We
found, in the circumstances presented, including the notification
received from Emirates on January 23, and the fact that we had been
advised that the FAA and the TSA are prepared to allow Emirates to serve
the United States with its own aircraft, that it was in the public
interest to remove the code-share or wet-lease condition imposed on
Emirates in those dockets.

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

                         Jeffrey A. Manley (202) 663-6000 (Emirates)

D I S P O S I T I O N

For the reasons set forth in our January 23, 2004 Notice of Action Taken
in Dockets OST-2000-7490 and OST-2000-7495, we find that it is in the
public interest to remove the code-share or wet-lease condition imposed
on Emirates in Docket OST-2003-15805.  This means that Emirates may
conduct its authorized services to and from the United States with its
own aircraft and crews.

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; (2) grant of the 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 

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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:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
http://dms.dot.gov//reports/reports_aviation.asp 

