BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of

DELTA AIR LINES, INC.

for an exemption under 49 U.S.C. § 40109

(Detroit-Sao Paulo, Brazil) ) ) ) ) ) ) ) Docket DOT-OST-2010-

APPLICATION OF DELTA AIR LINES, INC.

Communications with respect to this document should be addressed to:

Glen Hauenstein Executive Vice President – Network Planning and Revenue Management

Robert J. Cortelyou Senior Vice President – Network Planning Andreas Renner Director – International Network Planning Chris Kennedy General Manager – International Network Analysis DELTA AIR LINES, INC. 1030 Delta Boulevard Atlanta, Georgia 30320 Andrea Fischer Newman Senior Vice President – Government Affairs DELTA AIR LINES, INC. 1212 New York Avenue, N.W. Washington, D.C. 20005

Alexander Van der Bellen Managing Director – Government Affairs & Associate General Counsel Jeff Morgan Regional Director-Government Affairs DELTA AIR LINES, INC. 1212 New York Avenue, N.W. Washington, D.C. 20005 (202) 842-4184 sascha.vanderbellen@delta.com

April 8, 2010

Notice: Delta is conducting a poll of carrier representatives served with this Application.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of

DELTA AIR LINES, INC.

for an exemption under 49 U.S.C. § 40109

(Detroit-Sao Paulo, Brazil) ) ) ) ) ) ) ) Docket DOT-OST-2010-

APPLICATION OF DELTA AIR LINES, INC.

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Rules of

Practice in Proceedings, Delta Air Lines, Inc. (“Delta”) hereby applies for an exemption

authorizing Delta to engage in scheduled foreign air transportation of persons, property,

and mail between Detroit and Sao Paulo, Brazil. Delta’s proposed service will establish

a new Midwestern gateway for service to Brazil from Delta’s large hub at Detroit.

Delta plans to offer two weekly round-trip flights between Detroit and Sao Paulo,

beginning on or about November 4, 2010. Delta will utilize 216-seat Boeing 767-300ER

aircraft, equipped with 35 BusinessElite and 181 economy class seats. Delta’s initial

days of operation will be Sunday and Thur sday southbound and Monday and Friday

northbound.

Delta’s proposed services are fully consistent with the U.S.-Brazil Air Transport

Services Agreement. Delta currently holds 23 unrestricted U.S.-Brazil frequencies,

which are eligible for use in any U.S.-Brazil city-pair market, including Sao Paulo. Under

the longstanding precedent established by Or der 2004-6-25, carriers have the flexibility

to use previously allocated U.S.-Brazil frequencies in markets where they hold the

requisite underlying authority. The grant of the requested exemption authority, togetherApplication of Delta Page 2

with Delta’s existing frequency allocation, provide all necessary authority for Delta to

commence Detroit-Sao Paulo service.

Delta is committed to launching nonstop Detroit-Sao Paulo service at a level of

two weekly frequencies in November. However, it is Delta’s strong desire to eventually

offer daily service on the route. Therefore, separately, and in response to the

Department’s invitation, Delta is applying for five additional frequencies which will

become useable at Sao Paulo once airport infrastructure constrains are addressed. The

disposition of that additional frequency request has no bearing on the instant exemption

application, for which Delta seeks immediate relief. Delta is polling carrier

representatives served with this application, and will advise the Department of the

results.

The proposed service will create significant public benefits, facilitating trade,

commerce, tourism, and cultural exchanges between the U.S. and Brazil. Detroit will

create an important new Midwest gateway for service to Brazil, proving new

intergateway competition to United at Chicago.

Delta is fit, willing, and able to perform the services proposed in this application.

Delta operates numerous Latin America services under various exemption and

certificate authorities, including service to Brazil. 1 Pursuant to Rule 24 of the

Department’s Rules of Practice, Delta asks the Department to take official notice of all

data on file with the Department necessary to establish Delta’s fitness.

The environmental impacts of De lta’s proposed services are de minimis, and

Delta does not anticipate that the proposed services will cause a near-term net annual

change in aircraft fuel consumption of 10 million gallons or more.

1 See DOT Orders 97-4-13; 2002-7-31; OST-97-2338 NO AT 12/23/05; OST-2008-0227 NOAT 8/8/08.Application of Delta Page 3

WHEREFORE, Delta requests prompt issuance of exemption authority to engage

in scheduled foreign air transportation of persons, property, and mail between Detroit

and Sao Paulo.

Respectfully submitted,

_________________________________ Alexander Van der Bellen Managing Director, Government Affairs & Associate General Counsel DELTA AIR LINES, INC.CERTIFICATE OF SERVICE

A copy of the foregoing Application has been served this 8 th day of April, 2010, upon the following persons via email:

carl.nelson@aa.com howard_kass@usairways.com benjamin.slocum@usairways.com hkamen@coair.com dan.weiss@coair.com rbkeiner@crowell.com (for Continental) mrosia@crowell.com (for Continental) jeffrey.manley@united.com julie.oettinger@united.com robert.land@jetblue.com jhill@dlalaw.com (for JetBlue) dkirstein@yklaw.com (for Spirit) jyoung@yklaw.com (for Spirit) paul.gretch@dot.gov esta.rosenberg@dot.gov brian.hedberg@dot.gov byerlyjr@state.gov john.allen@faa.gov lester.robinson@wcaa.us emily.neuberger@wcaa.us joe.cambron@wcaa.us mike.orr@airlineinfo.com