UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on December 6, 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).

Joint Application of DELTA AIR LINES, INC. (Delta), and JOINT STOCK COMPANY 

“AEROFLOT-RUSSIAN AIRLINES” (Aeroflot) filed 11/20/13, for:

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

Scheduled foreign air transportation of persons, property, and mail between Yerevan, Armenia and 

Baku, Azerbaijan through points in the Russian Federation to Anchorage; Atlanta; Baltimore; Bangor, 

ME; Boston; Buffalo, NY; Charleston, SC; Charlotte, NC; Chicago; Cincinnati; Cleveland; Columbus; 

Dallas/Ft. Worth; Denver; Detroit; Honolulu; Houston; Huntsville; Indianapolis; Jacksonville; Las 

Vegas; Los Angeles; Miami; Minneapolis; Nashville; New Orleans; New York; Norfolk, VA; Orlando;

Philadelphia; Phoenix; Pittsburgh; Portland, OR; Raleigh-Durham, NC; Richmond, VA; Rochester, 

NY; Salt Lake City; San Antonio; San Diego; San Francisco; Seattle; St. Louis; Syracuse, NY; Tampa; 

Toledo; Washington, DC; Montreal, Canada; Quebec City, Canada; and Toronto, Canada.1 2

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

Scheduled foreign air transportation of persons, property, and mail (1) between a point or points in the 

United States, on the one hand, and Soci, Russia; Chelyabinsk, Russia; Volgograd, Russia; Perm, 

Russia; Irkutsk, Russia; Ufa, Russia; Kazan, Russia; Yerevan, Armenia; and Baku, Azerbaijan on the 

other hand,3 and (2) between Miami, FL, on the one hand, and Moscow, Russia, on the other hand.

XX Amendment of Aeroflot’s statement of authorization in order to engage in the following additional codeshare services:4

 1 We note that, under the Agreement, Aeroflot may serve the following points as the marketing carrier on a codeshare-only basis: Baltimore; Buffalo, NY; Charleston, SC; Charlotte, NC; Cincinnati; Cleveland; Denver; Detroit; 

Indianapolis; Jacksonville; Las Vegas; Minneapolis; Nashville; New Orleans; Norfolk, VA; Philadelphia; Phoenix; 

Pittsburgh; Raleigh-Durham, NC; Richmond, VA; Rochester, NY; Salt Lake City; San Antonio; San Diego; St. 

Louis; Syracuse, NY; Tampa; Montreal, Canada; Quebec City, Canada; and Toronto, Canada. We further note that 

under the Agreement, Aeroflot may serve the following points, either with its own aircraft or as the marketing 

carrier in a code-share arrangement: Anchorage, Atlanta, Bangor, Boston, Chicago, Columbus (Ohio),Dallas/Fort 

Worth, Honolulu, Houston, Huntsville, Los Angeles, Miami, New York, Orlando, Portland (Oregon), San Francisco,

Seattle, Toledo, and Washington. 2 The Joint Applicants state that all code-share traffic on beyond/behind segments will connect to/from transatlantic 

service on a blind-sector basis (i.e., there will be no local traffic). 3 We note that, under the Agreement, Delta may serve these points as the marketing carrier on a code-share-only 

basis.

4 Aeroflot’s current statement of authorization permits it to display the designator code of Delta on flights operated 

by Aeroflot (1) between Moscow, Russia, on the one hand, and Koltsovo-Ekaterinburg, Russia; Kaliningrad, Russia; 

Khabarovsk, Russia; Krasnodar, Russia; Magadan, Russia; Nizhniy Novgorod, Russia; Novosibirsk, Russia; 

Petropavlovsk-Kamchatski, Russia; Samara, Russia; St. Petersburg, Russia; Vladivostok, Russia; YuzhnoSakhalinsk, Russia; Tashkent, Uzbekistan; and Bishkek, Kyrgyzstan, on the other hand, and (2) between New York, 

Los Angeles, and Washington, on the one hand, and Moscow, Russia, on the other hand. See Notice of Action 

Taken dated July 8, 2011, in this Docket.
Aeroflot requests an amended statement of authorization under 14 CFR Part 212 to display the 

designator code of Delta on flights operated by Aeroflot (1) between Moscow, Russia, on the one hand, 

and Soci, Russia; Chelyabinsk, Russia; Volgograd, Russia; Perm, Russia; Irkutsk, Russia; Ufa, Russia; 

Kazan, Russia; Yerevan, Armenia; and Baku, Azerbaijan, on the other hand, and (2) between Miami, 

FL, on the one hand, and Moscow, Russia, on the other hand.

5

XX Waiver of the 45-day advance filing requirement under 14 CFR Part 212

Applicant reps: Don H. Hainbach, (202) 776-3970 (Aeroflot) and 

Alexander Van der Bellen (202) 842-4184 (Delta)

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

DISPOSITION

XX Approved Aeroflot’s exemption authority (subject to conditions, see below).

XX Approved Delta’s exemption authority (subject to conditions, see below).

XX Approved Aeroflot’s amended statement of authorization (subject to conditions, see below).

XX Approved waiver of 45-day advance filing requirement under 14 CFR Part 212.

The above action granting exemption authority to Aeroflot is effective when taken: December 6, 2013, 

through June 28, 2014.

6

The above action granting exemption authority to Delta is effective when taken: December 6, 2013, 

through June 27, 2015.

7

The above action granting an amended statement of authorization to Aeroflot is effective: December 6, 

2013, and will remain in effect indefinitely, subject to conditions. 

The above action granting a waiver of the 45-day advance filing requirement under 14 CFR Part 212 is 

effective December 6, 2013.

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.8

 5 The Joint Applicants state that all code-share traffic on beyond/behind segments will connect to/from transatlantic 

service on a blind-sector basis (i.e., there will be no local traffic). 6 We are granting Aeroflot’s exemption authority through June 28, 2014, coextensive with its existing exemption 

authority in this Docket, and consistent with the applicant’s request. 7 We are granting Delta’s exemption authority through June 27, 2015, coextensive with its existing exemption 

authority in this Docket, and consistent with the applicant’s request. 8 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.
Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

 XX Delta’s certificates of public convenience and necessity

 XX Standard foreign carrier exemption conditions (attached as Appendix A)

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

 XX Conditions for Statement of Authorization (attached as Appendix C) 

___________________________________________________________________________________

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

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

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

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for 

such operations, and it has filed a copy of such authorization with the Department;

(2) 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, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. 

To assure compliance with all applicable U.S. Government requirements concerning security, the holder 

shall, before commencing any new service (including charter flights) from a foreign airport that would be 

the holder’s last point of departure for the United States, contact its International Industry Representative 

(IIR) (formerly referred to as International Principal Security Inspector) to advise the IIR 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;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, 

prior to the commencement of any operations under this authority, file evidence of such coverage, in the 

form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management 

Branch (AFS-260), Flight Standards Service (any changes to, or termination of, insurance also shall be 

filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at 

least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for 

international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes 

of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any 

court or other tribunal in the United States that are: (a) based on its operations in international air 

transportation that, according to the contract of carriage, include a point in the United States as a point of 

origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased 

in the United States; or (b) based on a claim under any international agreement or treaty cognizable in 

any court or other tribunal of the United States. In this condition, the term "international air 

transportation" means "international transportation" as defined by the Warsaw Convention, except that all 

States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the 

United States in its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, 

nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation 

agreement, comply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); 

and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest 

as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies 

and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the 

conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without 

explicit Department approval under Title 49 of the U.S. Code.

12/2007
Appendix B

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; and

(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.

1/08
Appendix C

The code-share operations authorized here are subject to the following conditions:

(a) The statement of authorization granted will remain in effect only as long as (i) Delta and Aeroflot

continue to hold the necessary underlying authority to operate the code-share services at issue, and (ii) the 

code-share agreement providing for the code-share operations remains in effect.

(b) Delta and/or Aeroflot, as appropriate, must promptly notify the Department if the code-share 

agreement providing for the code-share operations is no longer effective or if the carriers decide to cease 

operating all or a portion of the approved code-share services. Such notice should be filed in Docket 

DOT-OST-2007-26805.

1

(c) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with 

any amendments to the Department’s regulations concerning code-share arrangements that may be 

adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is 

expressly conditioned upon the requirements that the subject foreign air transportation be sold in the name 

of the carrier holding out such service in the computer reservation systems and elsewhere; that the carrier 

selling such transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety of 

the code-share journey for all obligations established in its contract of carriage with the passenger; that 

the passenger liability of the operating carrier be unaffected; and that the operating carrier shall not permit 

the code of its U.S. code-sharing partner to be carried on any flight that enters, departs, or transits the 

airspace of any area for whose airspace the Federal Aviation Administration has issued a flight 

prohibition.

(d) The authority granted here is specifically conditioned so that neither Delta nor Aeroflot shall give any 

force or effect to any contractual provisions between themselves that are contrary to these conditions.

We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

 1 We expect this notification to be received within ten (10) days after such non-effectiveness or of such decision.