	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on April 20, 2004

NOTICE OF ACTION TAKEN -- DOCKETS OST-2004-17480 & 2003-16071

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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 Air Jamaica Limited 
filed  4/2/04   for:

XX  Exemption for two years for Air Jamaica Limited from 49 U.S.C. 41301
to provide the following service (2004-17480):

Scheduled foreign air transportation of persons, property, and mail
between St. Lucia and Atlanta, Georgia.  Air Jamaica will operate this
service pursuant to a code-share arrangement with Delta Air Lines
whereby Air Jamaica will place its code on Delta’s nonstop St.
Lucia-Atlanta flights.

XX  Notice of Additional Codesharing (2003-16071)

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

           George U. Carneal (202) 637-6546  

D I S P O S I T I O N

XX  Granted exemption request in part (see below)

XX   Balance Dismissed (i.e., for longer-term exemption authority)  

The exemption authority granted to Air Jamaica was effective when taken:
 April 20, 2004, through

April 20, 2005

Basis for Approval:  The exemption authority granted is consistent with
the overall state of aviation relations between the United States and
Jamaica and between the United States and St. Lucia.  In addition, in a
letter dated March 30, 2004, Prime Minister Kenny D. Anthony expressed
the Government of St. Lucia’s strong support for the new nonstop St.
Lucia-Atlanta code-share service that Air Jamaica and Delta have
proposed and requested that the Government of the United States grant
the application.

  

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation	

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:	XX  Air Jamaica’s
foreign air carrier permit (Order 89-3-74)

		XX  Foreign air carrier standard exemption conditions (attached)

		

2

Remarks:  We note that Air Jamaica sought authority for a two-year
period.  However, as is our usual practice in conferring exemption
authority in the circumstances presented, we are limiting the term of
authority to one year.  Air Jamaica may, of course, seek renewal of this
authority.  

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Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicants were qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) 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 order 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 



Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
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;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

08/2003

 Delta and Air Jamaica included in their application a 30-day notice
under their existing code-share arrangement in Docket OST 2003-16071, to
add additional code-share points.  We are addressing this part of the
application separately.

