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-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), 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 exemption 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; Quebec 

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 amended statement of authorization under 14 CFR Part 212 to display 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; 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; 

 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 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. 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 DOTOST-1995-250. 3 We note that under the Agreement, Aeroflot may serve these points 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 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. 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. 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; Quebec 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 reps: Don H. Hainbach, (202) 776-3970 (Aeroflot) and 

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

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

DISPOSITION

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

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

XX Approved 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 29, 2013, 

through June 28, 2014.

8

The above actions granting statements of authorization to Delta and Endeavor are effective: October 29, 

2013, and will remain in effect indefinitely, subject to conditions. 

The above action granting a waiver of the 45-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 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 We are amending Aeroflot’s exemption authority through June 28, 2014, coextensive with its existing exemption 

authority in this Docket, and consistent with the applicants’ 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 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

 9 On February 14, 2013, 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.
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 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 B

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, Endeavor, 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, Endeavor, and/or Aeroflot, as appropriate, must promptly notify the Department if the codeshare 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.

1

(c) 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; 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

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 We expect this notification to be received within ten (10) days after such non-effectiveness or of such decision.