 

                                        UNITED STATES OF AMERICA

                               DEPARTMENT OF TRANSPORTATION

                                        OFFICE OF THE SECRETARY

                                                 WASHINGTON, DC

Issued by the Department of Transportation on December 27, 2006

NOTICE OF ACTION TAKEN DOCKET OST-2006-26723

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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 DELTA AIR LINES, INC. (DELTA) filed 12/21/06 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 Salt Lake City, Utah, and Mazatlan, Mexico, with its own
aircraft.

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

DISPOSITION

XX  Granted (subject to conditions and remarks, see below)

The above action was effective when taken: December 27, 2006, through
December 27, 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 Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

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___________________________ 

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 for the new exemption authority granted will begin March
1, 2007, Delta’s proposed start-up date for the subject service. 

Remarks: Delta states that it intends to replace Shuttle America
Corporation (Shuttle America), a Delta Connection carrier, on the Salt
Lake City-Mazatlan route beginning as early as March 1, 2007, and until
such time as SkyWest Airlines, Inc. (SkyWest) is authorized by the
Mexican Government to operate on this route.  Delta further states that
Shuttle America will surrender its designation once Delta no longer
requires it to operate Delta Connection flights on this route.

We acted on this application without awaiting expiration of the 15-day
answer period with the consent of all parties served with the
application.

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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 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.

										  

11/06

 Delta holds exemption authority for the Salt Lake City-Mazatlan route
on a code-share basis only (see Notice of Action Taken dated September
14, 2005, in Docket OST-2005-21724).    

 On November 21, 2006, the Department granted SkyWest’s request for a
dormancy waiver for the Salt Lake City-Mazatlan market (see Departmental
Action in Docket OST-2006-25495).  SkyWest plans to operate Delta
Connection service.

 To ensure that Delta/Delta Connection service is not disrupted, Delta
states that Shuttle America’s designation should not be revoked until
Delta’s application for exemption authority has been approved,
Delta’s replacement service on this route has commenced, and Shuttle
America has given the Department notice that its authority is dormant.

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