UNITED STATES OF AMERICA DEPARTMENT

OF TRANSPORTATION OFFICE OF THE

SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on October 11, 2012

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0167

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 10/8/12 for:

XX Allocation of seven (7) weekly U.S.-China frequencies in order to provide scheduled combination service

between Seattle, Washington and Shanghai, People’s Republic of China.1 2

 

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

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action was effective when taken: October 11, 2012, and will remain in effect indefinitely, subject

to the conditions below.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with 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 Holder’s certificates of public convenience and necessity

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

all parties served with the application.

With our action here, there are 28 United States-People’s Republic of China combination frequencies 

available for allocation to U.S. carriers.

Conditions: Consistent with our standard practice in awarding frequencies, we will allow a 10-day leeway in

the proposed start-up date for Delta. We will allow Delta to inaugurate service with the frequencies allocated 

here within 10 days of June 17, 2013 (i.e., by June 27, 2013). Failure to inaugurate service with a newly

allocated frequency by June 27, 2013, will result in the unused frequency reverting to the Department.

In addition, consistent with our standard practice, the allocated frequencies are subject to a dormancy condition. 

Under this dormancy condition, if any frequency allocated here is not used for a period of 90 days (once inaugurated

and for any reason other than seasonal use), the allocation with respect to that frequency would expire automatically

and the frequency would revert to the Department.

 1 Delta plans to commence daily service on June 17, 2013. 2 Delta anticipates that it will operate at a reduced frequency level (approximately 4 to 5 weekly flights) during the off-peak winter 

season. Therefore, the carrier requests that four of the seven frequencies be authorized for seasonal use to allow for flexibility. 
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