BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

DELTA AIR LINES, INC. 

and 

VRG LINHAS AEREAS S.A. d/b/a GOL 

for a statement of authorization pursuant to 

14 C.F.R. Part 212 and related exemptions 

(U.S.-Brazil Codesharing)

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Docket DOT-OST-2010- 

JOINT APPLICATION OF DELTA AIR LINES, INC. 

AND VRG LINHAS AEREAS S.A. d/b/a GOL

Communications with respect to this document should be sent to: 

Charles F. Donley II 

Squire, Sanders & Dempsey LLP 

1201 Pennsylvania Ave., N.W. 

Suite 500 

Washington, D.C. 20004 

(202) 626-6840 

cdonley@ssd.com 

Counsel for GOL

April 13, 2010 

Alexander Van der Bellen, 

 Managing Director, Government Affairs 

 and 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 

VRG LINHAS AEREAS S.A. d/b/a GOL 

for a statement of authorization pursuant to 

14 C.F.R. Part 212 and related exemptions 

(U.S.-Brazil Codesharing)

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) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

 

 

Docket DOT-OST-2010- 

JOINT APPLICATION OF DELTA AIR LINES, INC. 

AND VRG LINHAS AEREAS S.A. d/b/a GOL

Delta Air Lines, Inc. (“Delta”) and VRG Linhas Aereas S.A. d/b/a Gol (“Gol”) 

(collectively, the “Joint Applicants”) hereby jointly apply for a statement of authorization for 

Gol and for related exemption authority for Delta in order to display Delta’s DL* code on 

Gol-operated flights beyond Delta’s gateways in Brazil. 

Delta and Gol have entered into a codeshare arrangement under which Delta will 

display its code on Gol operated flights within Brazil and beyond Brazil to points in select 

third countries. This codesharing arrangement will create important benefits for the 

traveling public and will enable Delta to expand its network and more effectively market 

South American services. Delta and Gol intend to commence codeshare service as soon 

as all required governmental authorities are obtained. 

The requested authority is consistent with the U.S.-Brazil Air Transport Agreement, 

and with the public interest. The services contemplated by Delta and Gol will help 

maximize the range of service options available to the traveling and shipping public. 
Joint Application of Delta and Gol 

Page 2 

The requested authority is also consistent with the Notices of Action Taken 

allowing codeshare services between United Air Lines and TAM (DOT-OST-2007-0012, 

October 24, 2007) and American Airlines and Gol (DOT-OST-2010-0009, March 4, 2010). 

In those actions, the Department granted blanket authorization (subject to 30-day notice) 

for up to 30 codeshare-only points in each country that may be designated by the two 

governments. Delta seeks equivalent blanket authorization for Brazilian points here. 

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

services as follows: 

(1) Gol requests a statement of authorization under 14 C.F.R. Part 212 to display 

Delta’s DL* designator code in conjunction with foreign air transportation of persons, 

property, and mail on flights operated by Gol a) between Delta’s Brazil gateways and all 

Brazil points named in the U.S.-Brazil Air Transport Agreement (Manaus, Brasilia, Rio de 

Janeiro, Sao Paulo, Recife, Porto Alegre, Belem, Belo Horizonte, Curitiba, Fortaleza, 

Salvador), (b) between Delta’s Brazil gateways and the 30 additional points in Brazil 

designated by the United States for codeshare-only service, and (c) beyond Brazil to any 

point or points. 

 (2) Delta requests exemption authority under 49 U.S.C. § 40109 to provide 

scheduled foreign air transportation of persons, property, and mail between the a point or 

points in the United States, via intermediate points, and a) the Brazil points named in the 

U.S.-Brazil Air Transport Agreement for which Delta does not already hold economic 

authority (Porto Alegre, Belem, Curitiba, and Salvador), b) the 30 additional points in 

Brazil designated by the United States for codeshare-only service, and c) beyond Brazil to 

any point or points,1

 pursuant to Delta’s codeshare arrangement with Gol. 

 

1

 Under the U.S.-Brazil bilateral, U.S. airlines can offer service beyond Brazil to Argentina, 

Uruguay, Paraguay, and Chile. Annex I, Section I, paragraph A(1). The beyond Brazil points Delta 

intends to serve, subject to foreign government approvals, as part of its codesharing arrangement 

with Gol are Asuncion, Paraguay; Montevideo, Uruguay; Cordoba, Argentina; and Rosario, 
Joint Application of Delta and Gol 

Page 3 

The Delta/Gol codeshare agreement, which provides notice of the Joint 

Applicants’ initial codeshare service at Exhibit A-2, is attached.2

 Consistent with the 

Department’s administration of similar statements of authorization, Delta and Gol will 

provide 30 days notice in this docket prior to implementing codeshare service not 

identified in Exhibit A-2 to the Delta/Gol codeshare agreement. The Joint Applicants also 

request, consistent with the Department’s prior administration of blanket statements that 

services to noticed points be authorized via any of Delta’s Brazilian gateways. 

In support of this Application, the Joint Applicants submit the following: 

1. Delta holds a Certificate of Public Convenience and Necessity for Route 740, 

which authorizes Delta to engage in scheduled foreign air transportation of persons, 

property and mail between Atlanta and Sao Paulo and Rio de Janeiro (Order 2002-7-31). 

Delta provides nonstop service to Brazil from New York JFK pursuant to Route 740 and 

route integration authority. See Notice of Action Taken on December 23, 2005 in Docket 

OST-97-2338 and Order 2006-1-1. Delta holds exemption authority to serve between Los 

Angeles and Sao Paulo (Order 2008-11-21), and exemption authority to serve between 

U.S. points and Brasilia, Manaus, Fortaleza, Belo Horizonte, and Recife (Notices of Action 

Taken and August 8, 2008 and March 4, 2009 in DOT-OST-2008-0227). 

2. Gol has separately applied for the necessary underlying economic authority to 

conduct the codeshare service described herein. 

 

Argentina. Paraguay and Uruguay are open skies countries. The U.S.-Argentina bilateral provides 

for codesharing between U.S. and third country carriers on the agreed routes. Article VI, 

paragraph 7. 

2

 Delta understands that 24 points in Brazil are currently designated by the U.S. for codeshare-only 

service: Aracaju, Bauru, Campo Grande, Cascavel, Cuiaba, Florianopolis, Goiania, Iguacu, Ilheus, 

Joao Pessoa, Joinville, Londrina, Maceio, Marina Parin, Natal, Navagantes, Petrolina, Porto 

Seguro, Porto Velho, Ribeirao Preto, Sao Luiz, Teresina, Vilhena, and Vitoria. The Brazilian points 

listed in Exhibit A-2 are a) named points in the U.S.-Brazil Air Transport Agreement, or b) included 

among the 24 Brazil code-share only points currently designated by the U.S. 
Joint Application of Delta and Gol 

Page 4 

3. The codeshare services proposed by the Joint Applicants 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 GOL will make both carriers more competitive for U.S.-South 

America traffic. 

4. The Joint Applicants also request, consistent with the Department's precedents 

in other codeshare dockets that the statement of authorization be issued for an indefinite 

period, so long as their codeshare agreement continue in effect. The Joint Applicants will 

notify the Department if the agreement should cease to be effective. 

5. The Joint Applicants agree to 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 these codeshare services 

will not affect its commitment of aircraft to the CRAF program. 

 

3

 U.S. International Air Transportation Policy Statement, 60 Fed. Reg. 21841, 21842 (May 3, 1995). 
Joint Application of Delta and Gol 

Page 5 

6. Delta will rely on Gol’s IOSA certification to support the instant codeshare 

request. Delta’s compliance statement on Gol’s IOSA codeshare safety audit was 

presented to the Federal Aviation Administration on February 9, 2010. The FAA has rated 

Brazil a Category 1 country. 

WHEREFORE, the Joint Applicants respectfully request that the Department grant 

them the statement of authorization and exemption relief described above. 

Respectfully submitted, 

/s/ Charles F. Donley II 

__________________________ 

Charles F. Donley II 

Squire, Sanders & Dempsey LLP 

Counsel for GOL

 ___________________ 

Alexander Van der Bellen, 

 Managing Director, Government Affairs 

 and Associate General Counsel 

DELTA AIR LINES, INC. 















































CERTIFICATE OF SERVICE

A copy of the foregoing document has been served this 13th 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 

esta.rosenberg@dot.gov 

george.wellington@dot.gov 

brian.hedberg@dot.gov 

byerlyjr@state.gov 

john.allen@faa.gov 

mike.orr@airlineinfo.com