UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

Issued by the Department of Transportation on December 3, 2012

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0095

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) and VRG LINHAS AEREAS S.A. d/b/a

GOL (Gol) filed November 8, 2012 for:1

XX Statement of authorization for Delta under 14 CFR Part 212 to provide the following services:

Display Gol’s “G3*” designator code in conjunction with foreign air transportation of persons, 

property, and mail on flights operated by Delta: (a) between the United States and Brazil via 

intermediate points, (b) within the United States, (c) beyond the United States to third countries, and (d) 

beyond Brazil to third countries. 

XX Amendment of statement of authorization for Gol under 14 CFR Part 212 to provide the following services:

Display Delta’s “DL*” designator code in conjunction with foreign air transportation of persons, 

property, and mail on flights operated by Gol between the United States and Brazil via intermediate 

points.

Applicant representatives: Felipe Amadeu Lotufo (Gol) and 

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

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Granted request of Delta for a statement of authorization (subject to conditions, see below)

XX Granted request of Gol for an amended statement of authorization (subject to conditions, see below)

The above action granting a statement of authorization to Delta is effective when taken: December 3, 

2012, and will remain in effect indefinitely, subject to conditions.

The above action granting an amended statement of authorization to Gol is effective: December 3, 2012, and 

will remain in effect indefinitely, subject to conditions.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

 1 By Notice of Action Taken in this Docket dated April 19, 2012, the Department granted Delta’s request for exemption 

authority to engage in: 1) scheduled foreign air transportation of persons, property, and mail between a point or points in the 

United States, via intermediate points, and any point or points in Brazil, and beyond Brazil to any point or points, pursuant to 

Delta’s code-share arrangement with Gol; and 2) Gol’s request for an amended statement of authorization to display Delta’s 

“DL*” designator code in conjunction with foreign air transportation of persons, property, and mail on flights operated by Gol 

between Delta’s Brazil gateways and any point or points in Brazil, and beyond Brazil to any point or points. Gol also holds 

underlying exemption authority to engage in scheduled foreign air transportation of persons, property, and mail from any point 

or points behind Brazil, via Brazil and intermediate points to any point or points in the United States and beyond. See Notice

of Action Taken dated April 3, 2012 in Docket DOT-OST-2012-0039. 
XX The authority granted is consistent with the aviation relationship between the United States and

Brazil.

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

indicated:

XX Delta’s certificates of public convenience and necessity

XX Conditions for Statement of Authorization (attached as Appendix A)

Remarks/Conditions: We note that Delta has conducted a safety audit of Gol 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.

_______________________________________________________________________________________

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:

www.regulations.gov
Appendix A

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

(a) The statements of authorization will remain in effect only as long as (i) Delta and Gol 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 and/or Gol, 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 DOT-OST-2010-0095.

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(c) Delta and/or Gol, 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-OST2010-0095.

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(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 codeshare 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 the

statement 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 this blanket statement 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 their 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 blanket statement 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.

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(f) The authority granted here is specifically conditioned so that neither Delta nor Gol 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 B for initial code-share markets. 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 (b) above can be used for this notification.
Appendix B

Initial Code-Share Points

(1) Delta DL* code on Gol-operated U.S.-Brazil flights via intermediate points:

Sao Paulo- Santo Domingo, Dominican Republic

Rio de Janeiro – Santo Domingo, Dominican Republic

Santo Domingo, Dominican Republic – Miami

Santo Domingo, Dominican Republic – Orlando

(2) Gol G3* code on Delta-operated U.S.-Brazil flights via intermediate points: 

Santo Domingo, Dominican Republic – Atlanta

Santo Domingo, Dominican Republic – New York

Atlanta-Brasilia

Atlanta-Rio de Janeiro

Atlanta-Sao Paulo

Detroit-Sao Paulo

New York – Sao Paulo

(3) Gol G3* code on Delta-operated flights between Gol’s U.S. gateways and the following U.S.

points:

Atlanta Austin 

Baltimore Boston 

Charlotte Chicago 

Cincinnati Cleveland 

Columbus, OH

Dallas/Ft. Worth

Denver

Detroit Greenville/Spartanburg 

Houston

Indianapolis

Kansas City

Las Vegas Los

Angeles Memphis 

Miami

Minneapolis/St. Paul

Nashville New

Orleans New York 

Newark Orlando
Philadelphia Phoenix 

Pittsburgh Portland, OR 

Raleigh Durham Salt

Lake City San Antonio

San Diego

San Francisco

Seattle St. Louis 

Tampa

Washington, D.C.

(4) Gol G3* code on Delta-operated flights between Gol’s U.S. gateways and the following beyond

points in third countries:

Montreal, Canada

Toronto, Canada