319718/1/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

VRG LINHAS AEREAS S.A. D/B/A GOL ) Docket DOT-OST-2010-0094

)

for an exemption from 49 U.S.C. §41301 )

)

APPLICATION FOR RENEWAL OF EXEMPTION

Communications with respect to this document should be addressed to:

Flávio Araújo

Diretoria Jurídica / Coordenadoria de

Contratos, Societário e Regulatório /

Coordenador

Departamento Jurídico - SAOGJ

VRG Linhas Aéreas S.A. - Grupo GOL

jfaraujo@golnaweb.com.br

DATED: April 14, 2014
319718/1/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

VRG LINHAS AEREAS S.A. D/B/A GOL ) Docket DOT-OST-2010-0094

)

for an exemption from 49 U.S.C. §41301 )

)

APPLICATION FOR RENEWAL OF EXEMPTION

VRG Linhas Aereas S.A. d/b/a Gol (“Gol”) hereby requests renewal of the exemption

authority granted to it in the captioned docket permitting Gol to transport persons, property and

mail in foreign air transportation under the designator code of Delta Air Lines, Inc. (“Delta”) (i)

between points in Brazil; and (ii) beyond Brazil to any point or points. Gol requests renewal of

its exemption for a one-year period on its existing terms and conditions. Gol relies upon the

provisions of the Administrative Procedure Act and Part 377 of the Department’s procedural

regulations to continue its existing authorization in force pending a final decision on this renewal

request.

As indicated below, all of the factors that originally led the Department to grant this

exemption to Gol continue in existence. The basis for grant of this exemption was reaffirmed in

the March 19, 2011, Memorandum of Consultations.

In support of its request for renewal, Gol states as follows:
Application of VRG Linhas Aereas S.A. d/b/a Gol

Docket DOT-OST-2010-0094

April 14, 2014

2

319718/1/WASHINGTON

1. Gol holds exemption authority to display Delta’s two-letter designator code on

flights operated within Brazil, and between Brazil and third countries. Gol operates a number of

codeshare flights on behalf of Delta under this exemption.1

2. Gol’s operations are authorized and regulated by the Government of Brazil.

Brazil is a contracting State to the Convention on International Civil Aviation (“Chicago

Convention”) and observes all applicable ICAO standards. Gol’s Brazilian license was

submitted to the Department previously.2This license is valid for an indefinite period and

represents all of the authority Gol requires from the Brazilian Government to provide the service

described herein. The equipment utilized to operate the codeshare service is and will continue to

be maintained by Gol. All maintenance on Gol’s aircraft is performed in accordance with

programs that comply with the provisions of ICAO Pilots and Airmen Annexes 1, 6 (Part 1) and

7.

3. Service between the United States and Brazil is governed by the Air Transport

Agreement between the two countries signed on March 21, 1989, as amended (“Agreement”) by

the March 2011 Memorandum of Consultations (“MOC”). In accordance with Section 5 of the

MOC, Brazilian and U.S. carriers may engage in codeshare operations:

In operating or holding out the agreed services on the route schedule specified in

this MOC, any designated airline of the country of either Aeronautical Authority

is to be allowed to enter into cooperative marketing arrangements such as

blocked-space, code sharing, or leasing arrangements, with:

a. an airline or airlines of either country[.]

1 Notice of Action Taken, April 19, 2013. Gol and Delta have previously notified the Department of their codeshare

markets. Gol holds a statement of authorization permitting it to display Delta’s code on Gol’s flights. See Docket

DOT-OST-2010-0095.

2 Docket DOT-OST-2010-0008
Application of VRG Linhas Aereas S.A. d/b/a Gol

Docket DOT-OST-2010-0094

April 14, 2014

3

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. . .

provided that all airlines in such arrangements (i) hold the appropriate authority;

and (ii) meet the requirements normally applied to such arrangements.

The codeshare services operated by Gol are fully consistent with the MOC and the Agreement,

as the Department recognized previously in approving Gol’s application and granting subsequent

renewals.3

4. All codeshare flights are and will continue to be marketed in accordance with the

Department’s regulations.

5. This renewal application raises no environmental issues. All of Gol’s operations

under this exemption are conducted in accordance with applicable noise abatement requirements.

Similarly, renewal of this application will not result in a near-term increase in fuel consumption

of ten million gallons or more.

WHEREFORE, VRG Linhas Aereas S.A. d/b/a Gol respectfully requests that the

exemption granted to it in the above-captioned docket be renewed for an additional one-year

period on its existing terms and conditions.

Respectfully submitted,

/s/ Flávio Araújo

__________________________________

Flávio Araújo

Diretoria Jurídica / Coordenadoria de

Contratos, Societário e Regulatório /

Coordenador

Departamento Jurídico - SAOGJ

VRG Linhas Aéreas S.A. - Grupo GOL

jfaraujo@golnaweb.com.br

DATED: April 14, 2014

3 Notice of Action Taken, Docket DOT-OST-2010-0094, May 11, 2010; Notice of Action Taken, Docket DOT-OST2010-0094, May 16, 2011; Notice of Action Taken, Docket DOT-OST-2010-0094, April 26, 2012; Notice of Action

Taken, Docket DOT-OST-2010-0094, April 19, 2013
i

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CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoing renewal application of VRG Linhas

Aereas S.A. d/b/a Gol has this day been served on each of the following individuals via email or

first class mail, postage prepaid.

/s/ Flávio Araújo

_________________________________

Flávio Araújo

DATED: April 14, 2014

sascha.vanderbellen@delta.com; sametta.c.barnett@delta.com

steve.morrissey@united.com; dan.weiss@united.com

howard.kass@aa.com; robert.wirick@aa.com