BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Joint Application of DELTA AIR LINES, INC. and VIRGIN NIGERIA AIRWAYS LIMITED d/b/a AIR NIGERIA for statements of authorization pursuant to 14 C.F.R. Part 212 (U.S.-Nigeria Open Skies Codesharing) ) ) ) ) ) ) ) ) ) ) ) Docket DOT-OST-2010-

JOINT APPLICATION OF DELTA AIR LINES, INC. AND VIRGIN NIGERIA AIRWAYS LIMITED d/b/a AIR NIGERIA FOR STATEMENTS OF AUTHORIZATION

Communications with respect to this document should be sent to:

Anita M. Mosner HOLLAND & KNIGHT LLP 2099 Pennsylvania Avenue, N.W., Suite 100 Washington, D.C. 20006-6801 (202) 419-2604 anita.mosner@hklaw.com

Counsel for VIRGIN NIGERIA AIRWAYS LIMITED d/b/a AIR NIGERIA

September 27, 2010 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, NW Suite 200 Washington, DC 20005 (202) 842-4184 sascha.vanderbellen@delta.com

NOTICE: The Joint Applicants are conducting a poll on this application and will advise the Department of the results as soon as possible.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Joint Application of DELTA AIR LINES, INC. and VIRGIN NIGERIA AIRWAYS LIMITED d/b/a AIR NIGERIA for statements of authorization pursuant to 14 C.F.R. Part 212 (U.S.-Nigeria Open Skies Codesharing) ) ) ) ) ) ) ) ) ) ) ) Docket DOT-OST-2010-

JOINT APPLICATION OF DELTA AIR LINES, INC. AND VIRGIN NIGERIA AIRWAYS LIMITED d/b/a AIR NIGERIA FOR STATEMENTS OF AUTHORIZATION Delta Air Lines, Inc. (“Delta”) and Virgin Nigeria Airways Limited d/b/a/ Air Nigeria (“Air Nigeria”) 1 (collectively, the “Joint Applicants”) hereby apply pursuant to 14 C.F.R. Part 212 for statements of authorization to engage in codesharing services to the full extent permitted by the U.S.-Nigeria Open Skies Agreement. Air Nigeria is a flag carrier of Nigeria. Delta and Air Nigeria have entered into a reciprocal codeshare agreement. 2 This codesharing arrangement will create substantial benefits for passengers traveling between the United States and Africa and will enable both Delta and Air Nigeria to extend their networks and market their services more effectively.

1 Virgin Nigeria has separately submitted a letter to the Department requesting registration of the Air Nigeria trade name. See , Letter from Anita Mosner to Paul Gretch dated September 21, 2010.

2 A redacted copy of the codeshare agreement is attached to this application.Joint Application of Delta and Air Nigeria Page 2

Specifically, the Joint Applicants request the authority to engage in reciprocal

codeshare services as follows: • Between any point or points in the United States and any point or points in Nigeria (on a nonstop basis and intermediate routings via open-skies points); • Between U.S. points; • Between points in Nigeria; • Beyond Nigeria to any open-skies point or points; and • Beyond the United States to any open-skies point or points. In support of this Application, the Joint Applicants submit the following:

1. Delta holds numerous certificates of public convenience and necessity and exemptions which authorize Delta to engage in scheduled foreign air transportation of persons, property and mail between points in the United States and points around the

world. See e.g. Order 2007-4-27. 2. Air Nigeria holds a Foreign Air Carrier Permit which authorizes Air Nigeria, inter

alia , to engage in scheduled foreign air transportation of persons, property and mail from a point or points behind Nigeria, via Nigeria and intermediate points, to a point or points in the United States, and beyond. Air Nigeria’s Foreign Air Carrier Permit specifically authorizes it to operate through a code-share arrangement with a U.S. carrier. Order

2008-7-1. 3. The proposed codeshare services are fully consistent with the Open Skies Air Service Agreement between the United States and Nigeria. U.S.-Nigeria Agreement, Article 8, paragraph 7.Joint Application of Delta and Air Nigeria Page 3 4. The proposed codeshare services are fully consistent with the public interest and DOT policy. The Department recognized in its 1995 International Policy Statement that codeshare services such as those proposed herein produce important public benefits: Code sharing and other cooperative marketing arrangements can provide a cost-efficient way for carriers to enter new markets, expand their systems and obtain additional flow traffic to support their other operations by using existing facilities and scheduled operations. Because these cooperative arrangements can give the airline partners new or additional access to more markets, the partners will gain traffic, some stimulated by the new service, and some diverted from incumbents. In this way, cooperative arrangements can enhance the competitive positions of both partners in such a relationship. Increased international code sharing and other cooperative arrangements can benefit consumers by increasing international service options and enhancing competition between carriers, particularly for traffic to or from cities behind major gateways. By stimulating traffic, the increased competition and service options shoul d expand the overall international market and increase overall opportunities for the aviation industry. 3

Codesharing by Delta and Air Nigeria will help maximize the range of service options available to the traveling and shipping public and will make both carriers more competitive

for U.S.-Africa traffic. 5. The Joint Applicants’ initial codeshare markets are set forth in Appendix A. However, pursuant to the streamlined procedures announced in the Department's February 9, 2009 Notice concerning blanket notification of codeshare service to Open Skies partners and points, this Application also serves as a single blanket 30-day notice covering new codeshare service for the Open Skies points described herein. For points in non-Open Skies countries, the Joint Applicants will comply with the standard 30-day

notice condition set forth in the relevant statement of authorization. 6. The Joint Applicants request, consistent with the Department's precedents in other codeshare dockets, that the statements of authorization be issued for an indefinite

3 U.S. International Air Transportation Policy St atement, 60 Fed. Reg. 21841, 21842 (May 3, 1995).Joint Application of Delta and Air Nigeria Page 4 period, so long as the Delta/Air Nigeria codeshare agreement continues in effect. The Joint Applicants will notify the Department if the agreement should cease to be effective. 7. The Joint Applicants will abide by the consumer notification requirements of 14 C.F.R. Part 257 as well as the other conditions applicable to codeshare services operated to or sold in the United States. Delta's engagement in codeshare services with Air Nigeria will not affect Delta’s commitment of aircraft to the CRAF program. 8. In order to enable Air Nigeria to commence codeshare services on Delta as soon as possible, the Joint Applicants r equest a waiver of the 45-day advance filing requirement under Part 212. Delta is in the process of conducting a codeshare safety audit of Air Nigeria and will communicate the result of that audit to FAA. Air Nigeria requests that the Department approve its authority to display Delta’s code on its flights as soon as the FAA has advised that it has reviewed the audit report and found it to be acceptable. FAA has rated Nigeria a Category 1 country under the IASA program. WHEREFORE, the Joint Applicants respectfully request that the Department grant

the statements of authorization described above. Respectfully submitted,

/s/ Anita M. Mosner /s/

Anita M. Mosner HOLLAND & KNIGHT LLP

Counsel for VIRGIN NIGERIA AIRWAYS LIMITED d/b/a AIR NIGERIA /s/ Alexander Van der Bellen /s/

Alexander Van der Bellen Managing Director, Government Affairs & Associate General Counsel DELTA AIR LINES, INC.Appendix A: Initial Codeshare Markets Air Nigeria on Delta Abuja, Nigeria (ABV)-Accra, Ghana (ACC) Accra, Ghana (ACC)-Atlanta, Georgia (ATL)CERTIFICATE OF SERVICE A copy of the foregoing document has been served this 27 th day of September, 2010, upon the following persons via email: carl.nelson@aa.com dan.weiss@coair.com hershel.kamen@coair.com jeffrey.manley@united.com steve.morrissey@united.com howard.kass@usairways.com benjamin.slocum@usairways.com byerlyjr@state.gov esta.rosenberg@dot.gov keith.glatz@dot.gov john.allen@faa.gov mike.orr@airlineinfo.com