UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on October 29 , 2013

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 7

- 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), ENDEAVOR AIR, INC. ( Endeavor ), 1 and
JOINT STOCK COMPANY “AEROFLOT

- RUSSIAN AIRLINES” (Aeroflot) filed 8/16/13
, as amended 9/23/13
, for:

XX Amendment of e xemption for Aeroflot under 49 U.S.C. 40109 to provide the following additional

services: 2

Scheduled foreign air transportation of persons, property, and mail between a point or points in Russia, on the one hand, and Baltimore, MD; Buffalo, NY; Charleston, SC; Charlotte, NC; Cincinnati, OH; Indianapolis, IN; Jacksonville, FL; Nashville, TN; New Orleans, LA; Norfolk, VA; Phoenix, AZ; Pittsburgh, PA; Raleigh

- Durham, NC; Richmond, VA; Rochester, NY; Salt Lake City, UT; San Antonio, TX; San Diego, CA; St. Louis, MO; Syracuse, NY; Tampa, FL; Montreal, Canada; Queb ec City, Canada; and Toronto, Canada; on the other hand. 3 4

XX Amendment of statement of authorization in order to engage in the following additional code

- share
services: 5

Delta requests an a mended s tatement of authorization under 14 CFR Part 212 to dis play the designator
code of Aeroflot on flights operated by Delta between New York, NY, on the one hand, and Baltimore, MD; Buffalo, NY; Charleston, SC; Charlotte, NC; Cincinnati, OH; Indianapolis, IN; Jacksonville, FL; Nashville, TN; New Orleans, LA; Norf olk, VA; Phoenix, AZ; Pittsburgh, PA; Raleigh

- Durham, NC; Richmond, VA; Rochester, NY; Salt Lake City, UT; San Antonio, TX; San Diego, CA; St. Louis, MO;

1 Endeavor was previously registered as Pinnacle Airlines, Inc. and has registered a name change with the Department.

2 Aeroflot’s current exemption in this Docket authorizes it to engage in s cheduled foreign air tra nsportation 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

. 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. See Notice of Action Taken dated July 1, 2013, in this Docket. Aeroflot also holds authority under its foreign air carrier permit (Order 86

- 5

- 75) and additional exemption authority in Docket DOT

OST

- 1995

- 250.

3 We note that under the A greement, Aeroflot may serve these points as th e 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 Delta’s current statement of authorization permits it 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. Wor th, 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

. See Notice of Action Taken dated July 8, 2011, in this Docket.Syracuse, NY; Tampa, FL; Montreal, Canada; Quebec City, Canada; and Toronto, Canada; on the

other hand

. 6

XX Statement of authorization in order to engage in the following code

- share services:

Endeavor requests a statement of authorization under 14 CFR Part 212 to display the designator code of Aeroflot on flights operated by Endeavor between New York
, NY, on the one hand, and Baltimore, MD; Boston, MA; Buffalo, NY; Charleston, SC; Charlotte, NC; Chicago, IL; Cincinnati, OH; Cleveland, OH; Columbus, OH; Dallas/Ft. Worth, TX; Detroit, MI; Indianapolis, IN; Jacksonville, FL; Minneapolis, MN; Nashville, TN; New Orleans, LA; Norfolk, VA; Philadelphia, PA; Phoenix, AZ; Pittsburgh, PA; Raleigh

- Durham, NC; Richmond, VA; Rochester, NY; Salt Lake City, UT; San Antonio, TX; San Diego, CA; St. Louis, MO; Syracuse, NY; Tampa, FL; Washington, DC; Montreal, Canada; Que bec City, Canada; and Toronto, Canada; on the other hand

. 7

XX Waiver of the 45

- day advance filing requirement under 14 CFR Part 212

Applicant rep s : Don H. Hainbach , (202) 776

- 3970 ( Aeroflot ) and
Alexander Van der Bellen (202) 842

- 4184 ( Delta and Endea vor )

DOT Analyst: Brett D. Kruger (202) 366

- 8025

DISPOSITION

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

XX Approved amendmen t of Delta’ s statement of authorization (subject to conditions, see below).

XX A pproved Endeavor’s 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 : October 2 9 , 2013

, through June 28 , 201 4

. 8

The above action s granting statements of authorizat ion to Delta and Endeavor are effective: October 29
, 2013 , and will remain in effect indefinitely, subject to c onditions.

The above action granting a waiver of the 4 5

- day advance filing requirement under 14 CFR Part 212 is
effective October 29 , 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. 9

6 The Joint Applicants state that all code

- share traffic on beyond/behind segments will connect to/from transatlantic

service on a blin d

- 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 We are am ending Aeroflot’s exemption authority through June 28, 2014, coextensive with its existing exemption authority in this Docket, and consistent with the applicant s ’ request

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

XX Delta and Endeavor’s certificates of public convenience and necessity

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

XX Conditions for Statements of Authorization (attached as Appendix B )

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

Aeroflot qualified to provide the exemption services authorized. Under authority assigned by the Department in its regulations, 14 CFR Part 385, we fou nd that (1) our action in this notice was consistent with Department policy; (2) grant of the authority was consistent with the publi c interest; and (3) grant of
th e authority would not constitute a major federal action under the Energy Policy and Conserva tion 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 sev en ( 7 ) days after the date of issuance of this Notice. This action was effective when taken, and the f iling 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

9 On February 1 4 , 20 13 , the United States and the Russian Federation agreed, ad refe rendum , to revised Annexes to
the U.S.

- Russia n 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 recipr ocity

.

### 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 aut horization 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 l imited 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 an d 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 t he 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 t ermination 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 airworthi ness 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 Co nvention 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

co urt 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 st opping 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 "inter national 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 auth orized, 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 b y 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

The code

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

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

Aeroflot continue to hold the necessary underlying authority to operate the code

- share ser vices at issue, and (ii) the code

- share agreement providing for the code

- share operations remains in effect.

( b ) Delta, Endeavor , 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

- 200 7

- 26805

. 1

( c ) The code

- sharing operations conducted under this authori ty 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 ti cket) accept responsibility for the entirety of

the code

- share journey for all obligations established in its contract of carriage with the passenger; and that the passenger liability of the operating carrier be unaffected

.
( d ) The authority granted here is specifically conditioned so that neither Delta, Endeavor , nor Aeroflot

s hall 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 t ime 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.