 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 29, 2003

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-16287           

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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 Alia – The Royal
Jordanian Airline (Royal Jordanian)  filed  10/6/03 and 10/9/03  for:

XX  Statement of authorization for Royal Jordanian under 14 CFR Part 212
to:

Permit Royal Jordanian to carry mail under the “DL” code of Delta on
flights operated by Royal Jordanian for the carriage of mail between (1)
any point or points in the United States and points in Jordan, directly
and via intermediate points; (2) within Jordan; and (3) between points
in the United States or Jordan and points in third countries.

XX  Exemption from the provisions of Order 95-2-34 (which limits the
ability of U.S. carriers to code share in areas where the FAA has issued
a flight prohibition) to the extent necessary to enable Delta to code
share on flights operated by Royal Jordanian between Amman and Baghdad,
for the limited purpose of transporting U.S. mail.

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

                         Evelyn D. Sahr   (202) 289-0500 (Royal
Jordanian)

D I S P O S I T I O N

XX  Granted  - Exemption to both Delta and Royal Jordanian, to the
extent necessary, from Order

         95-2-34  (see Remarks below)

XX  Granted – Statement of Authorization (subject to conditions, see
below)

The above action with respect to the exemption authority for Delta and
Royal Jordanian was effective when taken:  October 29, 2003, through
October 29, 2005.

The statement of authorization granted was effective when taken:  
October 29, 2003, and will remain in effect indefinitely, subject to the
conditions listed below.

Action taken by:   Michael W. Reynolds     	

		    Acting Assistant Secretary for  

		       Policy and International Affairs

(See Reverse Side)

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Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX  Royal
Jordanian’s foreign air carrier permit 

Remarks:  In light of the fact that the Delta and Royal Jordanian
request involves only the carriage of mail, we have determined that the
limited exemption relief requested by the applicants from the provisions
of Order 95-2-34 is warranted.  

The statement of authorization granted is subject to the following
conditions:

	(a)	The statement of authorization will remain in effect only as long
as (i) Delta Air Lines, Inc. and Alia – The Royal Jordanian Airline
continue to hold the necessary underlying authority to operate the
code-share services at issue, and (ii) the code-share agreement
providing for the code-share operations remains in effect.

	(b)	Delta and/or Royal Jordanian must promptly notify the Department
(Office of International Aviation) if the code-share agreement providing
for the code-share operations is no longer effective or if the carriers
decide to cease operating all or a portion of the approved code-share
services.  Such notices should be filed in Docket OST-2003-16287.

	(c)	Delta and/or Royal Jordanian must notify the Department no later
than 30 days before they begin any new code-share service under the
code-share services authorized here.  Such notice shall identify the
market(s) to be served, which carrier will be operating the aircraft in
the code-share market added, and the date on which the service will
begin.  (Such notices should be filed in Docket OST-2003-16287.)

	(d)	Notwithstanding any provision 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 the computer reservation systems and
elsewhere and that the carrier selling such transportation (i.e., the
carrier shown on the waybill) accept responsibility for the entirety of
the code-share journey for all obligations established in its contract
of carriage with the shipper.  

	(e)	The authority granted here is specifically conditioned so that
neither Delta nor Royal Jordanian shall give any force or effect to any
contractual provision between themselves that is contrary to these
conditions.

	(f)	We remind all carriers seeking to exercise Iraq authority (whether
underlying route authority or code-share authority) that the authority
granted here cannot alone result in new service to Iraq.  (See Order
2003-6-20.)  This authority is subject to compliance with all applicable
Coalition Provisional Authority, Department of Transportation, Federal
Aviation Administration, Transportation Security Administration,
Department of Defense, and other U.S. Government requirements.  
Further, to assure compliance with all applicable U.S. Government
requirements concerning security, before commencing any new service
(including charter flights) to or from a foreign airport, carriers are
reminded to contact their Principal Security Inspector (PSI) to advise
the PSI of their plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served. 

	(g)	We may amend, modify, or revoke the authority granted at any time
without hearing at our discretion.

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On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found that (1) Delta and Royal Jordanian
were qualified to provide the exemption services authorized; (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 Docket.  We may amend,
modify, or revoke the authority granted in this Notice at any time
without hearing at our discretion.

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 

 Royal Jordanian will display Delta’s “DL” code on flights
operated by Royal Jordanian.  The carriers initially propose to serve
the New York-Amman-Baghdad market.

 We expect this notification to be received within ten days of such
non-effectiveness or of such decision.

