UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on March 5 , 20 10



### NOTICE OF ACTION TAKEN

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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. ( D elta ) filed 3/2/10 for:

XX Renewal of e xemption for two year s under 49 U.S.C. 40109 to provide the following ser vices:

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. Coop er (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 w aiver of advance filing requirement under Part 377 2

The above action was effective when taken: March 5 , 20 10

, through March 5, 20 12

.

Actio n taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with t he Air T ransport Agreement, as amended, be tween the

United States and the People’s Republic of China.

Except to the extent exem pted 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 authorizat ion approving Delta/China Southern code

- share

operations 3 and applicable conditions

----------------------------------------------------------------------------------------------------------------------------- ------------------ ------------------------ ----------------------- Remarks: We acted on this application without awaiting expiration of the answer period with the consent of all

parties served with the application.

------------------------------------------------------------ --------------------------------------------------------------------------- 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 tim ely 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 Notice s of Action Taken, dated April 1 0, 2006, and March 11, 2008, in the instant dockets.

### 2

Under authority a ssigned 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 maj or 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 ou r 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.g ov

### 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 appli cable 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 limitation s 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 eff ective only during the period when the holder is in compliance with the

conditions imposed above.

1/2008