UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on March 5, 2010

NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-1997-2653 DOT-OST-2001-9314

 DOT-OST-2001-10172 ___________________________________________________________________________________________________________________________

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 3/2/10 for:

XX Renewal 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 the United States and China via 

intermediate points and beyond on a code-share basis.

1

 

Applicant Rep: Alexander Van der Bellen (202) 842-4184 DOT Analyst: Thuy H. Cooper (202) 366-5423

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

XX Granted sua sponte waiver of advance filing requirement under Part 3772

The above action was effective when taken: March 5, 2010, through March 5, 2012.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the Air Transport Agreement, as amended, between the 

United States and the People’s Republic of China.

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

indicated: XX Delta’s certificates of public convenience and necessity

 XX Standard Exemption Conditions (attached)

 XX Statements of authorization approving Delta/China Southern code-share 

 operations3 and applicable conditions 

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Remarks: We acted on this application without awaiting expiration of the 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 services authorized.

 1 Delta currently operates these services on a code-share basis with China Southern. 2 Delta’s renewal application was not timely filed under the terms of 14 CFR 377.10(c). In the circumstances presented, 

including the absence of opposition to Delta’s application, we will grant the carrier a waiver of the advance filing 

requirement. 

3 See Notices of Action Taken, dated April 10, 2006, and March 11, 2008, in the instant dockets.
2

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 Dockets. 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

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