 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 24, 2007

   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 12/21/06 for:

XX  Renewal of exemption for at least two years under 49 U.S. C. 40109
to provide the following services:  

Scheduled foreign air transportation of persons, property, and mail
between points in the United States and points worldwide on a
third-country code-share basis.  Delta will display its designator code
on flights operated by its foreign code-share partners and their
subsidiaries and affiliates that have been authorized by the Department
to carry the Delta code under blanket statements of authorization.

Applicant rep: Robert E. Cohn   (202) 637-4999   DOT Analyst: Thuy H.
Cooper  (202) 366-5423

DISPOSITION

XX  Granted (subject to conditions, see remarks below)

The above action was effective when taken: January 24, 2007, through
January 24, 2009.

Action taken by:  Paul L. Gretch, Director

                              Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and the homelands of Delta’s foreign
code-share partners listed in this Notice.

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 relevant blanket statements of
authorization	           

Remarks: The exemption authority granted here is for operations with the
foreign code-share partners and affiliates 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 

APPENDIX

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, the Transportation Security 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;

(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.

								

11/2006

 The authorized foreign carriers are: Société Air France; Brit Air;
City Jet Limited; Regional; Air Jamaica Limited; Alitalia-Linee Aeree
Italiane-S.p.A.; Alitalia Express S.p.A.; China Airlines, Ltd.; Czech
Airlines; Emirates; Korean Air Lines Co., Ltd; Royal Air Maroc; KLM
Royal Dutch Airlines; and KLM Cityhopper B.V.

 For administrative convenience purposes, Delta has requested
coextensive renewal of all of the exemption authority previously granted
in this docket.  See Notices of Action Taken dated March 1, 2005,
February 6, 2006, and May 1, 2006.  We are granting the carrier’s
request.  

 See Notices of Action Taken dated October 26, 2001 (Docket OST
2001-10417, Delta-Alitalia); 

August 6, 1998 (Undocketed, Delta-Air France); February 27, 2001 (Docket
OST-2000-8207, Delta-Czech); August 6, 1998, (Undocketed, Delta-Korean);
October 23, 2003 (Docket OST-2003-15805, Delta-Emirates); April 26, 2002
(Docket OST-2002-11459, Delta-Air China); October 22, 2004 (Docket
OST-2000-7738, Delta-Royal Air Maroc); March 8, 2004 (Docket
OST-2003-16071, Delta-Air Jamaica); February 6, 2006 (Docket
OST2005-20145, Delta-KLM Royal Dutch Airlines); and May 1, 2006 (Docket
OST2005-20145, Delta-KLM Cityhopper B.V.).

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

