UNITED STATES OF AMERICA

**DEPARTMENT OF TRANSPORTATION**

**OFFICE OF THE SECRETARY**

**WASHINGTON, DC**

Issued by the Department of Transportation on **October 19, 2007**

#  NOTICE OF ACTION TAKEN \-- DOCKETS DOT-OST-2005-22550, DOT-OST-2005-23147, 

# and DOT-OST-2006-24426

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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).

Consolidated application of **[ATLANTIC SOUTHEAST AIRLINES, INC.
(ASA),]{.underline}** filed **[9/6/07,]{.underline}** for:

**[XX]{.underline}** Renewal for two years of exemption under 49 U.S.C.
40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between the terminal point Atlanta, Georgia, on the one hand, and the
terminal points Monterrey (Docket OST-2005-22550); Guadalajara (Docket
OST-2005-23147); and Cozumel and Leon/Guanajuato (Docket
OST-2006-24426),[^1] Mexico, on the other hand, and to integrate this
authority with ASA's existing certificate and exemption authority.[^2]

Applicant rep: **[Robert E. Cohn (202)637-4999]{.underline}** DOT
Analyst: **[Linda L. Lundell (202)366-2336]{.underline}**

**D I S P O S I T I O N**

**[XX]{.underline}** **Granted (subject to conditions, see below)**

The above action was effective when taken: **[October 19,
2007,]{.underline}** through **[October 19, 2009.]{.underline}**

**Action taken by: Paul L. Gretch, Director**

**Office of International Aviation**

**[XX]{.underline} 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]{.underline}** The holder's certificates of public convenience and
necessity

**[XX]{.underline}** 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.

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 granted should be construed as

\- see next page -

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.

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:

[*http://www.regulations.gov*](http://www.regulations.gov/)

##  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; 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.

11/06

[^1]: Previously, in Docket DOT-OST-2006-24426, ASA was also granted
    exemption authority to serve the Atlanta-Merida market
    ([see]{.underline} Notice of Action Taken dated May 25, 2006). In
    its application here, ASA states that it has decided to discontinue
    service in that market and, thus, will not seek renewal of the
    Atlanta-Merida exemption authority.

[^2]: ASA states that it will continue to operate this service under the
    "DL\*" designator code of Delta Air Lines, Inc., as a "Delta
    Connection" carrier.