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) 

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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 Thursday 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 Order 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, together 
Application 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 Delta’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 NOAT 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 8th 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