UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on June 27 , 20 1 3

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 7

- 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).

Applicati on of DELTA AIR LINES, INC. (Delta)

, filed 4/16/13

, for:

XX Renewal of e xemption 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, Kyrg yzstan, 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 e ffective when taken : June 27 , 20 1 3 , through

June 27 , 201 5

.

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 Federatio n 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 condit ions (attached as Appendix A )

___________________________________________________________________________________ Remarks: We note that Delta has conducted a s afety audit of Aeroflot under the Department ’ s Code

Share 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 regu lations, 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 A greement (the Agreement)

, Delta may serve Kaliningrad, Novosibirsk, and Samara as the marketing carrier on a code

- share

- only basis.

2 On February 1 4 , 20 13 , the United States and the Russian Federation agreed, ad refer endum , to revised Annexes to

the U.S.

- Russia n 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 recipro city

.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 publi c interest; and (3) grant of

th e 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 ref erenced 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 regul ations, 14 CFR §385.30, may file their petitions within sev en ( 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 require ments 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 Adminis tration, 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

commenc ing 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 a dequate 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 o f 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