UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 16, 2015

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2015-0005 _____________________________________________________________________________________________________________________

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 1/13/15 for:

XX Allocation of seven (7) U.S.-China frequencies in order to provide scheduled foreign air 

transportation between Los Angeles, California, and Shanghai, People’s Republic of China.

1

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

DOT Analyst: Brett Kruger (202) 366-8025

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: January 16, 2015, 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 the 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, nine (9) frequencies remain available to U.S. carriers, which may be used to serve 

points in China Zone 1 or China Zone 2.2

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 July 9, 2015 (i.e., by July 19, 2015). Failure to inaugurate 

 1 Delta proposes to commence daily Los Angeles-Shanghai service beginning on July 9, 2015. 2 There are also seven (7) frequencies available to provide nonstop service between the United States and 

Guangzhou, China.
2

service with a newly allocated frequency by July 19, 2015, 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), the allocation with respect to that frequency would expire automatically and the

frequency would revert to the Department. 

_____________________________________________________________________________________

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