UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 8, 2011

 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), COMAIR, INC. (Comair), and JOINT 

STOCK COMPANY “AEROFLOT-RUSSIAN AIRLINES” (Aeroflot) filed 6/8/11 for:1

XX Exemption for Delta 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, Kyrgyzstan, on the other hand.2

XX Exemption for Aeroflot 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 Russia, 

on the one hand, and Atlanta, Bangor, Boston, Cleveland, Columbus (Ohio), Dallas/Ft. Worth, Denver, 

Detroit, Honolulu, Houston, Huntsville, Las Vegas, Minneapolis, Philadelphia, Portland (Oregon), and 

Toledo, on the other hand.3

XX Amendment of statement of authorization in order to engage in the following code-share services:

Delta requests an amended statement of authorization under 14 CFR Part 212 to display the designator 

code of Aeroflot on flights operated by Delta (1) between New York and/or Atlanta, on the one hand, 

and Anchorage, Atlanta, Bangor, Boston, Chicago, Cleveland, Columbus (Ohio), Dallas/Ft. Worth, 

Denver, Detroit, Honolulu, Houston, Huntsville, Las Vegas, Los Angeles, Miami, Minneapolis, New 

York, Orlando, Philadelphia, Portland (Oregon), San Francisco, Seattle, Toledo, and Washington, DC, 

on the other hand, and (2) between New York and Atlanta, on the one hand, and Moscow, Russia, on the 

other hand.4 5

 1 By Notice of Action Taken dated November 10, 2008, in this Docket, the Department granted Delta and Aeroflot 

exemptions and statements of authorization for certain reciprocal code-share services. The Joint Applicants state 

that those services have not been implemented.

2 We note that under the U.S.-Russian Federation Air Transport Agreement (the Agreement), Delta may serve 

Kaliningrad, Novosibirsk, and Samara as the marketing carrier on a code-share-only basis. 3 We note that under the Agreement, Aeroflot may serve Cleveland, Denver, Detroit, Las Vegas, Minneapolis, and 

Philadelphia as the marketing carrier on a code-share-only basis. 4 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). 5 Aeroflot holds a foreign air carrier permit for scheduled services between Russia and New York (see Order 86-5-

75), and exemption authority for scheduled services between Russia, on the one hand, and Anchorage, Chicago, Los 

Angeles, Miami, Orlando, San Francisco, Seattle, and Washington, DC, on the other hand (see Docket DOT-OST1995-250). Aeroflot filed a timely renewal application for its exemption authority, which has been kept in force 

pursuant to the provisions of the Administrative Procedure Act, 5 U.S.C. 588(c) and 14 CFR Part 377.
XX Statement of authorization in order to engage in the following code-share services:

Comair requests an amended statement of authorization under 14 CFR Part 212 to display the 

designator code of Aeroflot on flights operated by Comair between New York and/or Atlanta, on the one 

hand, and Anchorage, Atlanta, Bangor, Boston, Chicago, Cleveland, Columbus (Ohio), Dallas/Ft. 

Worth, Denver, Detroit, Honolulu, Houston, Huntsville, Las Vegas, Los Angeles, Miami, Minneapolis, 

New York, Orlando, Philadelphia, Portland (Oregon), San Francisco, Seattle, Toledo, and Washington, 

DC, on the other hand. 6

XX Amendment of statement of authorization in order to engage in the following code-share services:

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 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; Yuzhno-Sakhalinsk, 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. 7 8

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

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

DOT Analyst: 

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

Brett D. Kruger (202) 366-8025

DISPOSITION

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

XX Approved in part, Aeroflot’s exemption authority; remainder (request for longer-term 

authority) dismissed.9 (subject to conditions, see below).

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

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

XX Approved amendment of Aeroflot’s statement of authorization (subject to conditions, see 

below).

 6 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). 7 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). 8 Delta holds authority to provide service between points in the United States and Moscow (see Orders 95-3-25 and 

2010-12-24) and, pursuant to its open-skies certificate, Delta holds authority to serve Tashkent, Uzbekistan (see

Order 2007-4-27). Delta also holds exemption authority to provide scheduled services between a point or points in 

the United States, on the one hand, and St. Petersburg, Krasnodar, and Koltsovo-Ekaterinburg, Russia, on the other 

hand (see Notice of Action Taken dated November 10, 2008 in this Docket). 9 The one-year duration of the authority we granted to Aeroflot is consistent with our usual policy of granting 

exemption authority in the circumstances presented. We therefore dismissed the application to the extent that it 

sought authority for a longer period.
XX Approved waiver of 45-day advance filing requirement under 14 CFR Part 212.

The above action granting exemption authority to Delta is effective when taken: July 8, 2011, through

July 8, 2013. The above action granting exemption authority to Aeroflot is effective when taken: 

July 8, 2011, through July 8, 2012. The above actions granting statements of authorization to the 

referenced carriers are effective: July 8, 2011, and will remain in effect indefinitely, subject to 

conditions.

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.10 11

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

 XX

 

Delta and Comair’s certificates of public convenience and necessity

XX

 

Standard U.S. exemption conditions (attached as Appendix A)

XX

 

Standard foreign carrier exemption conditions (attached as Appendix B) 

XX

___________________________________________________________________________________

Conditions for Statements of Authorization (attached as Appendix C) 

Remarks: We note that Delta has conducted a safety audit of Aeroflot under the Department’s CodeShare 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 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 or dismissed, 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

 10 On February 13, 2009, 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. 11 Delta requests to the extent necessary, that the United States designate Kaliningrad, Koltsovo-Ekaterinburg, 

Krasnodar, Novosibirsk, and Samara as the five code-share-only points for U.S. carriers under Annex I, Section 

2(A) of the agreement. With respect to Denver, Las Vegas, and Philadelphia, the Joint Applicants state that they 

anticipate that the Russian Government will designate these points as three additional code-share-only points under 

Annex I, Section 2(B). We note that these points will be available once they have been named by the United States 

and the Russian Federation, respectively.
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.

1/2008
Appendix B

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 C

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

(a) The statements of authorization granted will remain in effect only as long as (i) Delta, Comair, 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, Comair, and/or Aeroflot, as appropriate, must notify the Department no later than 30 days 

before they begin any new code-share service under the code-share services authorized here. Such notice 

shall identify the market(s) to be served, which carrier will be operating the aircraft in the code-share 

market added, and the date on which the service will begin. Such notice should be filed in Docket DOTOST-2007-26805.

1

(c) Delta, Comair, 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.

2

(d) 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.

(e) The authority to operate to third countries is subject to the condition that any service provided under 

these statements of authorization shall be consistent with all applicable agreements between the United 

States and the foreign countries involved. Furthermore, (i) nothing in the award of these statements of 

authorization should be construed as conferring upon Delta rights (including code-share, fifth freedom 

intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless 

Delta notifies the Department of its intent to serve such a market and unless and until the Department has 

completed any necessary carrier selection procedures to determine which carrier(s) should be authorized 

to exercise such rights; and (ii) should there be a request by any carrier to use the limited-entry route 

rights that are included in the authority of Delta by virtue of the statements of authorization granted here, 

but that are not then being used by Delta, the holding of such authority will not be considered as 

providing any preference for Delta in a competitive carrier selection proceeding to determine which 

carrier(s) should be entitled to use the authority at issue.3

(f) The authority granted here is specifically conditioned so that neither Delta, Comair, 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 See Appendix D for list of initial code-share points. 2 We expect this notification to be received within ten (10) days after such non-effectiveness or of such decision. 3 The notice in paragraph (c) above can be used for this notification. 
Appendix D

INITIAL LIST OF CODE-SHARE POINTS

Delta Code on Aeroflot

Between Moscow and:

St. Petersburg, Russia

Ekaterinburg, Russia

Krasnodar, Russia

Novosibirsk, Russia

Samara, Russia

Kaliningrad, Russia

Tashkent, Uzbekistan

Bishkek, Kyrgyzstan

Transatlantic Routes

New York-Moscow, Russia

Los Angeles-Moscow, Russia

Washington, DC-Moscow, Russia

Aeroflot Code on Delta and/or Comair

Between Atlanta and/or New York and:

Atlanta

New York

Los Angeles

Washington, DC

San Francisco

Chicago

Boston

Houston

Miami

Denver

Orlando

Dallas/Ft. Worth

Las Vegas

Philadelphia

Transatlantic Routes

Atlanta-Moscow, Russia

New York, Moscow, Russia