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)

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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)

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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 should 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 Statement, 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 request 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 27th 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