 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 25, 2006

   NOTICE OF ACTION TAKEN -- DOCKET OST-2006-24426           

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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).

Application of   ATLANTIC SOUTHEAST AIRLINES, INC. (ASA),   filed 4/5/06
for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between (1) Atlanta, Georgia, and Leon/Guanajuato, Mexico; (2) Atlanta,
Georgia, and Merida, Mexico; and (3) Atlanta, Georgia, and Cozumel,
Mexico, and to combine this authority with all of ASA’s existing
certificate and exemption authority.  ASA states that it requests this
authority so that it can provide nonstop service on the routes using
70-seat CRJ-700 aircraft, as a “Delta Connection” carrier,
displaying the “DL” code of Delta Air Lines on the subject flights. 


ASA states that, (1) effective August 1, 2006, ASA will replace
Delta’s mainline service on the Atlanta-Merida route with seasonal
operations, during the off-peak months (August-December); 

(2) effective September 1, 2006, ASA will replace Delta’s mainline
service on the Atlanta-Cozumel route with seasonal operations, during
off-peak months, and will supplement Delta’s mainline offerings with
midweek service during peak periods; and (3) effective December 1, 2006,
ASA will introduce new daily year-round service on the
Atlanta-Leon/Guanajuato route.

Applicant rep: Robert E. Cohn (202) 637-4999  DOT Analyst: Linda Lundell
(202)366-2336 

	                  

D I S P O S I T I O N

XX	Granted (subject to conditions, see below)

The above action was effective when taken: May 25, 2006,  through  May
25, 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 Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

	XX  The holder’s certificates of public convenience and necessity

	XX  Standard exemption conditions (attached)

Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.  Consistent with our standard policy, the dormancy
notice period will begin August 1, 2006, for the Atlanta-Merida route;
September 1, 2006, for the Atlanta-Cozumel route; and December 1, 2006,
for the Atlanta-Leon/Guanajuato route, ASA’s proposed startup dates
for the subject services.  

The code-share operations conducted under this authorization are subject
to the following conditions:

The code-sharing operations conducted under this authority must comply
with 14 C.F.R. 257 and with any amendments to the Department’s
regulations concerning code-share arrangements that may be adopted. 
Notwithstanding any provisions 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 computer reservation systems and elsewhere;
that the carrier selling such transportation (i.e., the carrier shown on
the ticket) accept responsibility for the entirety of the code-share
journey for all obligations established in its contract of carriage with
the passenger; and that the passenger liability of the operating carrier
be unaffected; and

The authority granted here is specifically conditioned so that neither
ASA nor Delta shall give any force or effect to any contractual
provisions between themselves that are contrary to these conditions.

The route integration authority granted to ASA 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 granted should be construed as
conferring upon ASA rights (including fifth-freedom intermediate and/or
beyond rights) to serve markets where U.S. carrier entry is limited
unless ASA 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 carrier(s) should be authorized
to exercise such rights; and (b) should there be a request by any such
carrier to use the limited-entry route rights that are included in
ASA’s authority by virtue of the route integration authority granted
here, but that are not then being used by ASA, the holding of such
authority by route integration will not be considered as providing any
preference for ASA in a competitive carrier selection proceeding to
determine which carrier(s) should be entitled to use the authority at
issue.

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On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the exemption 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 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.

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 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

