UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 8, 2011

 NOTICE OF ACTION TAKEN -- DOCKET DOT-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).

Applications of DELTA AIR LINES, INC. (DELTA) filed 5/1/09 and 7/26/11 for:

XX Renewal and amendment of exemption for 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. 1 2

Applicant rep: Alexander Van der Bellen (202) 842-4184 

DOT Analyst: Robert J. Finamore (202) 366-5423

DISPOSITION

XX Approved, subject to conditions (see remarks below) 

The above action granting renewed and amended exemption authority was effective when taken: 

September 8, 2011, through September 8, 2013.

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: 

 1 The authorized foreign carriers are: Societe Air France (Air France); Brit Air; CityJet Limited; Regional, Compagnie 

Aerienne Europeenne; China Airlines, Ltd.; Czech Airlines (Czech); Emirates; Korean Air Lines Co., Ltd (Korean); Royal 

Air Maroc; KLM Royal Dutch Airlines; KLM Cityhopper B.V.; Alitalia – Compagnia Aerea Italiana S.p.A. (Alitalia);

C.A.I. First S.p.A. (CAI First); C.A.I. Second S.p.A. (CAI Second); and Air One S.p.A. (Air One). 2 Delta requests that its exemption be amended to the extent necessary to permit it to also place its designator code on flights 

operated by Virgin Nigeria Airways Limited d/b/a Air Nigeria (Air Nigeria), China Eastern Airlines Corporation Ltd. (China 

Eastern), China Southern Airlines Company Limited (China Southern), VRG Linhas Aereas S.A. d/b/a GOL (Gol), Olympic 

Air Anonymos Etaireia Aeroporikon Metaforon d/b/a Olympic Air (Olympic Air), Virgin Australia Airlines Pty Ltd d/b/a 

Virgin Australia (Virgin Australia), Virgin Australia International Airlines Pty Ltd d/b/a V Australia (V Australia), Pacific 

Blue Airlines (Aust) Pty Ltd (Pacific Blue Airlines Aust), and Pacific Blue Airlines (NZ) Ltd (Pacific Blue Airlines NZ).
 XX Holder’s certificates of public convenience and necessity

 XX Standard exemption conditions (attached)

 XX Relevant blanket statements of authorization and attached conditions3

 

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

affiliates identified 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.4

We note that CAI Second does not currently hold a statement of authorization to display Delta’s code on its 

flights. Therefore, CAI Second must apply for and be granted a statement of authorization by the 

Department, and Delta must have conducted a code-share safety audit of CAI Second, prior to engaging in 

code-share operations in which CAI Second would display Delta’s code.

______________________________________________________________________________

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:

http://www.regulations.gov

 3 See Department actions taken dated August 6, 1998 (Undocketed, Delta-Air France); August 2, 2002 (Dockets DOTOST-2001-10354 and DOT-OST-2000-6939, Delta-Brit Air); December 4, 2002 (Dockets DOT-OST-2002-13472 and 

DOT-OST-2000-6939, Delta-CityJet Limited); November 20, 2002 (Dockets DOT-OST-2002-13610 and DOT-OST2000-6939, Delta-Regional, Compagnie Aerienne Europeenne); April 26, 2002 (Docket DOT-OST-2002-11459, DeltaChina Airlines, Ltd.); February 27, 2001 (Docket DOT-OST-2000-8207, Delta-Czech); October 23, 2003 (Docket 

DOT-OST-2003-15805, Delta-Emirates); August 6, 1998 (Undocketed 98-394, Delta-Korean); October 22, 2004 

(Docket DOT-OST-2000-7738, Delta-Royal Air Maroc); February 6, 2006 (Docket DOT-OST-2004-19214, DeltaKLM Royal Dutch Airlines); May 1, 2006 (Docket DOT-OST-2004-19214, Delta-KLM Cityhopper B.V.); December 

23, 2008 (Docket DOT-OST-2001-10417, Delta-Alitalia); January 12, 2009 (Docket DOT-OST-2001-10417, DeltaCAI First); January 22, 2009 (Docket DOT-OST-2009-0005, Delta-Air One); January 21, 2011 (Docket DOT-OST2010-0240, Delta-Air Nigeria); May 6, 2011 (Docket DOT-OST-2011-0065, Delta-China Eastern); March 11, 2008 

(Dockets DOT-OST-1997-2653, DOT-OST-1999-5031, DOT-OST-2011-9314, and DOT-OST-2001-10172, DeltaChina Southern); April 19, 2011 (Docket DOT-OST-2010-0095, Delta-Gol); May 25, 2010 (Docket DOT-OST-2009-

0223, Delta-Olympic Air); September 1, 2009 (Docket DOT-OST-2009-0156, Delta-Virgin Australia); and March 7, 

2011 (Docket DOT-OST-2009-0156, Delta-V Australia/Pacific Blue Airlines (Aust)/Pacific Blue Airlines NZ. 4 Delta will need to have conducted code-share safety audits of its foreign partners prior to receipt of authority for such 

code-share services.
Attachment

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 Principal Security 

Inspector (PSI) to advise the PSI 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.

 

1/2008