UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 12, 2013

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2011-0153 _____________________________________________________________________________________________________________________

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, on a code-share only basis on 

Aerolineas Argentinas S.A. (Aerolineas) and Austral Lineas Aereas-Cielos Del Sur S.A. (Austral) flights, 

(1) between any points in the United States and four (4) points in Argentina, and beyond to any points or 

points in South America; (2) between any points in the United States and five (5) additional points in 

Argentina on a code-share basis only; and (3) scheduled foreign air transportation of persons, property, 

and mail between any points in the United States and five (5) additional points in Argentina on a codeshare basis only in conjunction with a designated airline of Argentina.1

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

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

DISPOSITION

XX Granted (subject to conditions, see below).

The above action granting exemption authority to Delta is effective when taken: July 12, 2013, through

July 12, 2015. 

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and 

Argentina.

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)

 

 1 Under Section B(1) of Annex I to the Agreement, the United States may select four points in Argentina for directU.S. carrier or code-share service, five points in Argentina for code-share-only service, and five points in Argentina 

for code-share-only service with a designated airline of Argentina. The United States has selected at this time, 

Buenos Aires and Cordoba as two of the four points for U.S. direct carrier or code-share service; Bariloche, Iguazu, 

Mendoza, Rosario, and Ushuaia as points for service on a code-share-only basis; and Comodoro Rivadavia, El 

Calafate, Rio Gallegos, and Rio Grande as four of five points for service on a code-share-only basis with a 

designated carrier of Argentina.
Remarks: We note that Delta has conducted safety audits of Aerolineas and Austral under the 

Department’s Code-Share Safety Audit Program, and the FAA has advised us that it has reviewed the 

relevant audit reports and found them 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 

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.

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