			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on February 6, 2006

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20145

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. (DELTA) filed 1/13/06 for: 

XX  Amended exemption under 49 U.S.C. 40109 to  include KLM Royal Dutch
Airlines (KLM) as an additional authorized foreign code-share partner
and permit Delta to display its designator code on flights operated by
KLM on the following services: 

Scheduled foreign air transportation of persons, property, and mail
between the United States and points worldwide on a third-country
code-share basis pursuant to blanket code-sharing statements of
authorization approved by the Department, and to integrate this
authority with its existing certificate and exemption authority.

Applicant rep:  Robert E. Cohn   (202) 637-5600)   DOT Analyst: Thuy H.
Cooper  (202) 366-5423

DISPOSITION

XX  Granted (subject to conditions, see remarks below)

The above action was effective was effective when taken: February 6,
2006, through February 6, 2008.

Action taken by:  Paul L. Gretch, Director

                              Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and the Netherlands.

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)

	   XX Conditions attached to the holder’s blanket statement of
authorization	           

________________________________________________________________________
_____________

Conditions:  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 requested should be construed as
conferring 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 carriers(s) should be
authorized to exercise such rights; and (b) should there be a request by
any carrier to use the limited-entry route rights that are included in
Delta’s authority by virtue of the route integration exemption 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.

Remarks:  The exemption authority granted here is for operations with
the foreign code-share partner named above.  Should Delta and any new
code-share partner be granted statements of authorization, Delta will
need to apply for exemption authority to the extent necessary to permit
Delta to display its code on flights operated by the new code-share
partners. 

________________________________________________________________________
____________

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 exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major federal 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:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
http://dms.dot.gov//reports/reports_aviation.asp U.S. Carrier 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 all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544. 
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI 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; 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.

										  05/2004

 By Notice of Action Taken dated March 1, 2005 in the instant docket,
the Department granted Delta’s request for exemption authority to
display its designator code on flights operated by its then existing
open-skies foreign code-share partners and subsidiaries and affiliates. 
In the same Notice (page 2, Remarks), we also informed Delta that it
would need to apply for exemption authority to permit Delta to display
its code on flights operated by new code-share partners.

 See Order 2006-2-1 dated February 6, 2006 in Docket OST-2004-19214.

 Delta will need to have conducted code-share safety audits of its
foreign partners prior to receipt of authority for such code-share
services.

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