UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on August 2, 2010



### NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0176

___________________________________________________________________________________________________________________________ This serves as notice to the public of th e 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 7/2/10 for:

XX Exemption for two years under 49 U.S.C. 40109 to provide the following services:

Scheduled foreign air transportation of persons, propert y, and mail between a point or points in the United States, on the one hand, and a point or points in the Republic of Palau, on the other hand, via a point or points in Japan.

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)

The above action was effective when taken: August 2, 2010

, through August 2, 2012

. Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with th e 1998 U.S.-Japan Memorandum of Understanding, as amended, and the Compact of Free Association betw een the Government of the United States and the

Government of Palau.

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

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

XX Standard Exemption Conditions (attached)

------------------------------------------------------------------------------------------------------------------------------- -------- 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 regula tions, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the author ity was consistent with the public interest; and (3) grant of the authority would not constitute a major regulator y action under the Energy Policy and Conservation Act of 1975. To the extent not granted, we deni ed 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 th e 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 concerni ng 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 a ny 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