![](media/image1.wmf){width="0.6777777777777778in"
height="0.7194444444444444in"}**UNITED STATES OF AMERICA**

**DEPARTMENT OF TRANSPORTATION**

**OFFICE OF THE SECRETARY**

**WASHINGTON, DC**

Issued by the Department of Transportation on **January 2, 2008**

# NOTICE OF ACTION TAKEN \-- DOCKET DOT-OST-2006-23689

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)]{.underline},** filed **[11/20/07]{.underline},** for:

**[XX]{.underline}** Renewal of 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 a point or points in the United States and a point or points in
Jamaica, via intermediate points, and beyond, and to integrate this
authority with its existing certificate and exemption authority. ASA
states that it seeks to renew the authority to provide "Delta
Connection" service, under the "DL\*" code of Delta Air Lines, Inc.
(Delta**).[^1]

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: **[January 2,
2008,]{.underline}** through **[January 2, 2010]{.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 Jamaica.**

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated: **[XX]{.underline}
Holder's certificates of public convenience and necessity**

> **[XX]{.underline} Standard exemption conditions (attached)**

**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 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
carrier to use the limited-entry route rights that are included in ASA's
authority by virtue of the route integration exemption 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.

The authority granted to operate to third countries is limited to
countries with which the United States has signed open-skies agreements
and/or countries for which the carrier holds authority to serve under
certificates or exemptions issued by the Department, and for which it
holds route integration authority by virtue of either the present action
or other action of the Department.

The code-share operations conducted under this authorization are subject
to the following conditions: (a) the code-sharing operations conducted
under this authority must comply with 14 CFR 257 and with any amendment
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 (b) 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.

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 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*

##  ATTACHMENT

## 

## [U.S. Carrier Exemption Conditions]{.underline}

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 Industry
Representative (IIR) (formerly referred to as International Principal
Security Inspector) to advise the IIR 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.

12/07

[^1]: ASA explains that currently another Delta Connection carrier is
    providing the subject service, but that ASA requests renewal of its
    authority so that it may resume service should market conditions
    warrant.