BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

DELTA AIR LINES, INC. 

COMAIR, INC. 

 and 

JOINT STOCK COMPANY “AEROFLOTRUSSIAN AIRLINES” 

for statements of authorization pursuant to 

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

pursuant to 49 U.S.C. § 40109 (U.S. – Russia 

codesharing) 

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Docket DOT-OST-2007-26805 

JOINT APPLICATION OF DELTA AIR LINES, INC., COMAIR, INC. 

AND JOINT STOCK COMPANY “AEROFLOT-RUSSIAN AIRLINES”

 

Communications with respect to this document should be sent to: 

Don H. Hainbach 

Jason E. Maddux 

GAROFALO GOERLICH HAINBACH PC 

1200 New Hampshire Avenue N.W. 

Washington, D.C. 20036 

(202) 776-3970 

dhainbach@ggh-airlaw.com 

jmaddux@ggh-airlaw.com 

For JOINT STOCK COMPANY “AEROFLOTRUSSIAN AIRLINES” 

June 8, 2011 

Andrea Fischer Newman 

 Senior Vice President, Government 

Affairs 

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

For DELTA AIR LINES, INC. and 

 COMAIR, INC. 
 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

DELTA AIR LINES, INC. 

COMAIR, INC. 

 and 

JOINT STOCK COMPANY “AEROFLOTRUSSIAN AIRLINES” 

for statements of authorization pursuant to 

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

pursuant to 49 U.S.C. § 40109 (U.S. – Russia 

codesharing) 

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Docket DOT-OST-2007-26805 

JOINT APPLICATION OF DELTA AIR LINES, INC., COMAIR, INC. 

AND JOINT STOCK COMPANY “AEROFLOT-RUSSIAN AIRLINES”

 Delta Air Lines, Inc. (“Delta”), Comair, Inc. (“Comair”) and Joint Stock Company 

“Aeroflot-Russian Airlines”1

 (“Aeroflot”) (together, the “Joint Applicants”) hereby apply for 

statements of authorization pursuant to 14 C.F.R. Part 212 and exemption authority 

pursuant to 49 U.S.C. § 40109 to permit the Joint Applicants to implement reciprocal 

codeshare services. The Joint Applicants seek to begin offering codeshare services as 

soon as possible. Accordingly, the Joint Applicants request that this application be 

promptly approved, that the requested exemptions be granted for a period of at least two 

years, and the requested statements of authorization be granted for an indefinite 

duration.2

 More specifically, the Joint Applicants request the following authorities: 

 

1

 Aeroflot, previously, registered the name Joint Stock Company “Aeroflot–Russian Airlines” 

pursuant to Part 215 of the Department’s regulations and intends to file an application to amend its 

foreign air carrier permit and to reissue its existing authority in that name. 

2

 The Joint Applicants hereby request a waiver of the 45-day advance filing requirement under 

Part 212 so that their codesharing services may be introduced without delay. 
Joint Application of Delta, Comair and Aeroflot 

Page 2 

(a) an amended statement of authorization pursuant to 14 C.F.R. Part 212 to 

permit Delta to display Aeroflot’s “SU*” designator on flights operated by Delta 

(1) between New York and/or Atlanta, on the one hand, and Anchorage, 

Atlanta, Bangor, Boston, Chicago, Cleveland, Columbus (Ohio), Dallas/Ft. 

Worth, Denver, Detroit, Honolulu, Houston, Huntsville, Las Vegas, Los 

Angeles, Miami, Minneapolis, New York, Orlando, Philadelphia, Portland 

(Oregon), San Francisco, Seattle, Toledo, and Washington, DC, on the other 

hand, and (2) between New York and Atlanta, on the one hand, and Moscow, 

Russia, on the other hand; 

(b) a statement of authorization pursuant to 14 C.F.R. Part 212 to permit Comair to 

display Aeroflot’s “SU*” designator on flights operated by Comair (1) between 

New York and/or Atlanta, on the one hand, and Anchorage, Atlanta, Bangor, 

Boston, Chicago, Cleveland, Columbus (Ohio), Dallas/Ft. Worth, Denver, 

Detroit, Honolulu, Houston, Huntsville, Las Vegas, Los Angeles, Miami, 

Minneapolis, New York, Orlando, Philadelphia, Portland (Oregon), San 

Francisco, Seattle, Toledo, and Washington, DC, on the other hand; 

(c) an amended statement of authorization pursuant to 14 C.F.R. Part 212 to 

permit Aeroflot to display Delta’s “DL*” designator on flights operated by 

Aeroflot (1) between Moscow, Russia on the one hand, and KoltsovoEkaterinburg, Russia; Kaliningrad, Russia; Khabarovsk, Russia; Krasnodar, 

Russia; Magadan, Russia; Nizhniy Novgorod, Russia; Novosibirsk, Russia; 

Petropavlovsk-Kamchatski, Russia; Samara, Russia; St. Petersburg, Russia; 

Vladivostok, Russia; Yuzhno-Sakhalinsk, Russia; Tashkent, Uzbekistan; and 

Bishkek, Kyrgyzstan, on the other hand, and (2) between New York, Los 

Angeles, and Washington, on the one hand, and Moscow, Russia, on the other 

hand; 
Joint Application of Delta, Comair and Aeroflot 

Page 3 

(d) an exemption pursuant to 49 U.S.C. § 40109 authorizing Delta to engage in 

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

point or points in the United States, on the one hand, and Kaliningrad, Russia; 

Khabarovsk, Russia; Magadan, Russia; Nizhniy Novgorod, Russia; 

Novosibirsk, Russia; Petropavlovsk-Kamchatski, Russia; Samara, Russia; 

Vladivostok, Russia; Yuzhno-Sakhalinsk, Russia; and Bishkek, Kyrgyzstan, on 

the other hand; and 

(e) an exemption pursuant to 49 U.S.C. § 40109 authorizing Aeroflot to engage in 

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

point or points in Russia, on the one hand, and Atlanta, Bangor, Boston, 

Cleveland, Columbus (Ohio), Dallas/Ft. Worth, Denver, Detroit, Honolulu, 

Houston, Huntsville, Las Vegas, Minneapolis, Philadelphia, Portland (Oregon), 

and Toledo, on the other hand. 

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

1. The Joint Applicants require the authority from the Department described 

herein because Delta and Aeroflot have changed the list of routes on which they will 

codeshare relative to their originally approved application for codeshare authority.3

 In 

addition, Delta and Aeroflot have now also reached agreement for the Aeroflot code to be 

placed on flights operated by Delta regional affiliate Comair.4

 

2. The Joint Applicants have agreed to codeshare as follows: 

• Delta and/or Comair will display Aeroflot’s “SU*” designator code on 

Delta and/or Comair operated flights between New York and/or Atlanta, 

on the one hand, and Atlanta, Boston, Chicago, Dallas/Ft. Worth, 

 

3

 By Notice of Action Taken on November 10, 2008 in Docket DOT-OST-2007-26805, the 

Department granted Delta and Aeroflot exemptions and statements of authorization for certain 

reciprocal codeshare services. Those services have not been implemented.

4

 A redacted copy of the Delta/Aeroflot/Comair codeshare agreement is attached as Exhibit A. 
Joint Application of Delta, Comair and Aeroflot 

Page 4 

Denver, Houston, Las Vegas, Los Angeles, Miami, Orlando, 

Philadelphia, San Francisco, and Washington, DC, on the other hand; 

• Delta will display Aeroflot’s “SU*” designator code on Delta operated 

flights between New York and Atlanta, on the one hand, and Moscow, 

Russia, on the other hand; and 

• Aeroflot will display Delta’s “DL*” designator on flights operated by 

Aeroflot (1) between Moscow, Russia, on the one hand, and KoltsovoEkaterinburg, Russia; Kaliningrad, Russia; Krasnodar, Russia; 

Novosibirsk, Russia; Samara, Russia; St. Petersburg, Russia; 

Tashkent, Uzbekistan; and Bishkek, Kyrgyzstan, on the other hand, and 

(2) between New York, Los Angeles, and Washington, on the one 

hand, and Moscow, Russia, on the other hand.5

All codeshare traffic on beyond/behind segments will connect to/from transatlantic service 

on a blind-sector basis (i.e., there will be no local traffic carried under the marketing 

carrier’s code). On transatlantic segments, codeshare service will be sold both on a local 

market basis and to facilitate connecting traffic. 

3. Aeroflot is a carrier of the Russian Federation, currently operating 

scheduled service between Moscow (SVO), on the one hand, and New York (JFK), 

Washington (IAD), and Los Angeles (LAX), on the other hand, under its foreign air carrier 

permit (Order 86-5-75) and exemption authority (Docket 50385 (now Docket DOT-OST1995-250), timely renewal application pending and authority automatically extended 

 

5

 The Joint Applicants’ initial list of codeshare markets is provided at Exhibit B. The Joint 

Applicants are requesting broader authority that they initially intend to use in order to have flexibility 

to add and/or change codeshare markets in the future, consistent with the route descriptions in the 

U.S.-Russia Air Transport Agreement. 
Joint Application of Delta, Comair and Aeroflot 

Page 5 

pursuant to Part 377 of the Department’s regulations).6 Pursuant to said exemption 

authority, Aeroflot is also authorized, inter alia, to provide scheduled service to 

Anchorage, Chicago, Miami, Orlando, San Francisco, and Seattle and to serve its 

authorized U.S. points as coterminal points. Aeroflot requires additional exemption 

authority for service to Atlanta, Bangor, Boston, Cleveland, Columbus (Ohio), Dallas/Ft. 

Worth, Denver, Detroit, Honolulu, Houston, Huntsville, Las Vegas, Minneapolis, 

Philadelphia, Portland (Oregon), and Toledo.7 

4. Delta holds authority to provide service between points in the United States 

and Moscow under segment 3 of Route 616 and Delta’s route integration certificate. 

Order 95-3-25 and Order 2010-12-24. Delta also holds exemption authority to provide 

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

points in the United States, on the one hand, and St. Petersburg, Krasnodar, and 

Koltsovo-Ekaterinburg, Russia, on the other hand. See, NOAT November 10, 2008 in 

Docket DOT-OST-2007-26805.8

 Pursuant to its blanket Open Skies certificate, Delta 

holds authority to serve Tashkent, Uzbekistan. Order 2007-4-27. Delta requires 

additional exemption authority for service to Kaliningrad, Russia; Khabarovsk, Russia; 

Magadan, Russia; Nizhniy Novgorod, Russia; Novosibirsk, Russia; PetropavlovskKamchatski, Russia; Samara, Russia; Vladivostok, Russia; Yuzhno-Sakhalinsk, Russia; 

and Bishkek, Kyrgyzstan. 

 

6

 Aeroflot’s various exemption authorities, which were originally issued in Dockets 47447, 47974, 

48050, 48889, 49439, and 49581, have been consolidated in Docket 50385 (now Docket DOTOST-1995-250). 

7

 Aeroflot held an exemption to serve Atlanta and Cincinnati issued by NOAT November 10, 2008 

in Docket DOT-OST-2007-26805, but it expired on November 10, 2009. In the instant application, 

Aeroflot seeks to reinstate its authority to serve Atlanta but does not seek to reinstate its authority 

to serve Cincinnati. 

8

 Delta’s exemption authority remains in effect indefinitely pursuant to Part 377 of the Department’s 

regulations as a renewal application was timely filed on May 1, 2009. 
Joint Application of Delta, Comair and Aeroflot 

Page 6 

5. Comair is a certificated U.S. carrier that operates flights for marketing and 

sale by Delta. 

6. The codesharing services for which approval is requested are consistent 

with the U.S.-Russia Air Transport Agreement (“ATA”) (January 14, 1994) and the 2009 

U.S.-Russia Memorandum of Consultations (“MOC”) (February 13, 2009). Under Annex 

V, Section 1 of the MOC, airlines of the United States and Russia may enter into 

codesharing arrangements for services on any of the agreed routes. Under Annex I, 

Section 3, paragraph G of the MOC, designated airlines may “operate 

combination...services to any third-country point not specified in Section 2 of this Annex, 

without traffic rights between the territory of the other Party and such unspecified point.” 

7. Russian Points. Under Annex 1, Section 2(A) of the MOC, Khabarovsk, 

Magadan, Moscow, Nizhniy Novgorod, Petropavlovsk-Kamchatski, St. Petersburg, 

Vladivostok, and Yuzhno-Sakhalinsk are named points for U.S. carriers. To the extent 

necessary, Delta requests that the Department designates Kaliningrad, KoltsovoEkaterinburg, Krasnodar, Novosibirsk, and Samara as the five codeshare only points for 

U.S. carriers under Annex I, Section 2(A). 

8. U.S. Points. Under Annex I, Section 2(B) of the MOC, Anchorage, Atlanta, 

Bangor, Boston, Chicago, Cleveland, Columbus (Ohio), Dallas/Ft. Worth, Detroit, 

Honolulu, Houston, Huntsville, Los Angeles, Miami, Minneapolis, New York, Orlando, 

Portland (Oregon), San Francisco, Seattle, Toledo, and Washington, DC are named 

points for Russian carriers. With respect to Denver, Las Vegas, and Philadelphia, the 

Joint Applicants anticipate that the Russian Government will designate these points as the 

three additional codeshare only points under Annex I, Section 2(B). 

9. The same public interest considerations that supported the original grant of 

codeshare authority to Delta and Aeroflot apply with equal force to the broader 

codesharing services contemplated by the instant application. Grant of this application 
Joint Application of Delta, Comair and Aeroflot 

Page 7 

will enhance competition and enable the Joint Applicants to expand their online service 

options to the benefit of travelers and shippers. 

WHEREFORE, based upon the foregoing, Joint Applicants respectfully request 

that they be granted statements of authorization and exemption authority in order to 

engage in the reciprocal codeshare services more fully described above. 

Respectfully submitted, 

/s/ Don H. Hainbach 

________________________________ ________________________________ 

Don H. Hainbach 

For JOINT STOCK COMPANY “AEROFLOTRUSSIAN AIRLINES” 

 

Alexander Van der Bellen, 

For DELTA AIR LINES, INC. and 

 COMAIR, INC. 
EXHIBIT A

Delta/Aeroflot/Comair Codeshare Agreement






EXHIBIT B – Initial Codeshare Routes

Delta Code on Aeroflot 

Between Moscow and:

St. Petersburg, Russia 

Ekaterinburg, Russia 

Krasnodar, Russia 

Novosibirsk, Russia 

Samara, Russia 

Kaliningrad, Russia 

Tashkent, Uzbekistan 

Bishkek, Kyrgyzstan 

Transatlantic Routes

New York-Moscow, Russia 

Los Angeles-Moscow, Russia 

Washington-Moscow, Russia 

Aeroflot Code on Delta and/or Comair 

Between Atlanta and/or New York and: 

Atlanta 

New York 

Los Angeles 

Washington 

San Francisco 

Chicago 

Boston 

Houston 

Miami 

Denver 

Orlando 

Dallas/Ft. Worth 

Las Vegas 

Philadelphia 

Transatlantic Routes

Atlanta-Moscow, Russia 

New York-Moscow, Russia 
CERTIFICATE OF SERVICE

A copy of the foregoing document has been served this 8th day of June, 2011, upon the 

following persons via email: 

carl.nelson@aa.com 

dan.weiss@coair.com (for United and Continental) 

thomas.bolling@coair.com (for United and Continental) 

howard.kass@usairways.com 

benjamin.slocum@usairways.com 

slewis@iblf.com (for Baltia) 

esta.rosenberg@dot.gov 

mary.street@dot.gov 

george.wellington@dot.gov 

brian.hedberg@dot.gov 

urskr@state.gov 

info@airlineinfo.com