UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on June 27, 2013

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2007-26805 _____________________________________________________________________________________________________________________

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 4/16/13, 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 a point or points in the 

United States, on the one hand, and Kaliningrad, Russia; Khabarovsk, Russia; Magadan, Russia; 

Nizhniy Novgorod, Russia; Novosibirsk, Russia; Petropavlovsk-Kamchatski, Russia; Samara, Russia; 

Vladivostok, Russia; Yuzhno-Sakhalinsk, Russia; and Bishkek, Kyrgyzstan, on the other hand.1

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

DOT Analyst: Brett D. Kruger (202) 366-8025

DISPOSITION

XX Approved (subject to conditions, see below).

The above action granting exemption authority to Delta is effective when taken: June 27, 2013, through

June 27, 2015. 

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the Annexes to the 1994 U.S.-Russian Federation Air 

Transport Agreement.2

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

 XX Standard U.S. exemption conditions (attached as Appendix A)

___________________________________________________________________________________

Remarks: We note that Delta has conducted a safety audit of Aeroflot under the Department’s CodeShare Safety Audit Program, and the FAA has advised us that it has reviewed the relevant audit report 

and found it to be acceptable.

__________________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the 

applicant qualified to provide the exemption services authorized. Under authority assigned by the 

 1 We note that under the U.S.-Russian Federation Air Transport Agreement (the Agreement), Delta may serve 

Kaliningrad, Novosibirsk, and Samara as the marketing carrier on a code-share-only basis. 2 On February 14, 2013, the United States and the Russian Federation agreed, ad referendum, to revised Annexes to 

the U.S.-Russian Federation Air Transport Agreement and stated that, pending their entry into force, the respective 

aeronautical authorities intend to implement the provisions of those Annexes on the basis of comity and reciprocity.
Department in its regulations, 14 CFR Part 385, we found that (1) our action in this notice 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 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
Appendix A

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