UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, DC

 Issued by the Department of Transportation on September 29, 2010 

NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2007-28567 and DOT-OST-2004-19077 

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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). 

Docket DOT-OST-2007-28567

Motion of DELTA AIR LINES, INC. (Delta)filed 8/12/10 for: 

XX Conversion of two of Delta’s seven Detroit-Shanghai frequencies from year-round service to seasonal 

service1

Dockets DOT-OST-2004-19077 and DOT-OST-2007-28567

Motion of AMERICAN AIRLINES, INC. (American) filed 8/23/10 for: 

XX Conversion of two of American’s seven Chicago-Beijing frequencies and two of its seven ChicagoShanghai frequencies from year-round service to seasonal service

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

 Carl B. Nelson (202) 496-5647 (American)

DOT Analyst: Thuy H. Cooper (202) 366-5423

DISPOSITION 

XX Granted (subject to conditions, see below)

The above action was effective when taken: September 29, 2010. 

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 

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Responsive Pleadings: American filed an answer stating that it had no objection to Delta’s request, provided that 

American’s motion filed in Dockets DOT-OST-2004-19077 and DOT-OST-2007-28567, seeking the same relief for 

two Chicago-Beijing frequencies and two Chicago-Shanghai frequencies, is also granted. 

 

1

 Delta states that it is currently operating daily service. However, during the off-peak winter season, Delta plans to reduce 

service to a level of five weekly flights on or about January 31, 2011. The carrier states that it plans to reestablish daily 

service in the spring of 2011, before the summer peak. 
Decision: We grant, concurrently, the motions of Delta and American. 

Conditions: Consistent with our standard practice, and as provided in Orders 2005-3-40 (with respect to American) 

and 2007-12-26 (with respect to American and Delta), the frequencies awarded to American and Delta are subject to 

a dormancy condition. We remind each carrier that any frequencies not operated for a period of 90 days (once 

inaugurated and for any reason other than seasonal use) would be deemed dormant and the allocation with respect to 

each such frequency would expire automatically and the frequency would revert to the Department for reallocation. 

With our action here, American and Delta would have the flexibility to use the frequencies at issue here for seasonal 

service. Should American determine that it will resume year-round operations with the two Chicago-Beijing 

frequencies and two Chicago-Shanghai frequencies, the carrier must notify the Department. We note that Delta 

states that it plans to reestablish daily service in the spring of 2011. 

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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