U.S. Department of Transportation Office of the Secretary of Transportation



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 20 11

- 0160
( filed August 26, 2011 )

Joint application of Delta Air Lines, Inc. ( Delta) 1



### (b) between any point or points in the U.S. and any other point or points in the European Common Aviation Area; (c) between U.S. points; (d) between points in the EU; ( e ) beyond the EU to any point or points; and ( f) beyond the U.S. to any point or points. The applicants also
requests a waiver of the 45

- day advance filing requirements under 14 CFR Part 212. and Air Europa Lineas Aereas, S.A.U. (Air Europa) for blanket statement s of authorization to permit Delta to display Air Europa’s UX* designator code on flights operated by Delta and Air Europa to display Delta’s DL*

designator code on flights operated by Air Europa in conjunction with foreign air transportation of persons, property and mail on flights (a) between any point or points in the

U.S. and any point or points in the EU (on a nonstop basis and via intermediate routings);

2



### Approved under assigned authority (14 CFR § 385.13).

Date of Action: September 21, 2011

_________________________________ Director, Office of International Aviation

This action is subject to the conditions attached. Persons entitled to petition the Department for review of this action under the Department’s regulations, 14 CFR § 385.30, should file their petitions within seven days of the date of this action. This action is effective immediately, and the filing of a petition for review will not alter its effectiveness.

An electronic version of this document is available on the World Wide Web at: 

### http:///www.regulations.gov

1 Delta request s that its blanket statement of authorization extend to its Delta Connection regional affiliates which operate service for Delta within North America. The Delta Connection carriers are: Atlantic Southeast Airlines, Inc. ; Chautauqua Airlines, Inc. ; Comair, Inc. ; Compass Airlines, Inc. ; Mesaba Aviation, Inc. ; Pinnacle Airlines, Inc. ; SkyWest Airlines, Inc. ; and Shuttle America Corporation.

2 The Department is acting on the j o int applicant s’ request prior to the expiration of the 45

- day advance filing requirement with the consent of all parties served.Docket DOT

- OST

- 2011

- 0160 

### ( filed August 26, 2011 )

Joint application of Delta Air Lines, Inc. (Delta) and Air Europa Lineas Aereas, S.A.U. (Air Europa) for blanket statements of authorization to permit Delta to display Air Europa’s UX* designator code on flights operated by Delta an d Air Europa to display Delta’s DL*

designator code on flights operated by Air Europa in conjunction with foreign air transportation of persons, property and mail on flights (a) between any point or points in the

U.S. and any point or points in the EU (on a nonstop basis and via intermediate routings); (b) between any point or points in the U.S. and any other point or points in the European Common Aviation Area; (c) between U.S. points; (d) between points in the EU; (e) beyond the EU to any point or points; and (f) beyond the U.S. to any point or points.

The code

- share operations authorized here are subject to the following conditions: 3

(a) The statement of authorization will remain in effect only as long as (i) Delta and Air Europa c on tinue to

hold the necessary underlying authority to operate the code

- share services at issue, and (ii) the code

- share agreement providing for the code

- share operations remains in effect.

(b) Delta and/or Air Europa must promptly notify the Department if the code

- share agreement providing for

the code

- share operations is no longer effective or the carriers decide to cease operating any or all of the approved code

- share services. 4 Such notice should be filed in Docket DOT

- OST

- 20 11

- 0160

.

(c) Delta a nd/or Air Europa mus t notify the Department no later than 30 days before they begin any new

code

- share service under the code

- share services authorized here. 5 Such notice shall identify the market(s) to

be served

, which carrier will be operating the aircraft in the code

- shar e market added, and the date on which the services will begin. Such notices shall be filed in Docket DOT

- OST

- 20 11

- 0160

.

(d) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Department’ s regulations concerning code

- share arrangements that may be adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned upon the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service in computer reservation systems and elsewhere; that the carrier selling such transportation ( i.e.

, the carrier shown on the ticket) accept responsibility for the entirety of the code

- share journey for al l obligations established in its contract of carriage with the passenger; that the passenger liability of the operating carrier be unaffected ; and that the operating carrier shall not permit the code of its

U.S. code

- sharing partner to be carried on any fl ight that enters, departs, or transits the airspace of any area for whose airspace the Federal Aviation Administration has issued a flight prohibition.

(e) The authority granted here is specifically conditioned so that neither Delta nor Air Europa shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions.

(f

) The authority to operate to third countries is subject to the condition that any service provided under the statement of authorization shall be consistent with all applicable agreements between the United States and

3 The Delta Connection carriers identified in the body of this notice will also be subject to these code

- share conditions.

4 We expect this notification to be received within 10 days of such non

- effectiveness or of such decision.

5 The initial code

- share points proposed by the j oint a ppli cants are attached as Appendix A

. Pursuant to the Department’s Notice In the Matter of Blanket Notification of Code

- Share Service to Open Skies Partners and Points dated February 9, 2009, the joint applicants have provided blanket notification of their intent to engage in reciprocal

code

- s hare services between Open Skies points as outlined in their application. The joint applicants state that they will provide the Department 30

- day notice before commencing code

- share services to or from non

- open skies countries. We grant the request of De lta that notice by Delta or any of the Delta Connection carriers be deemed notice given for all (except in the case of Mexico where operator

- specific notices will continue to be supplied for Delta/Delta Connection services). Also, we grant the joint appli cants’ request that travel via alternative gateways and paths not require additional notice, to the extent that such operations are consistent with the underlying authority held by Delta and Air Europa

.the foreign countries involved. Furth ermore, (i) nothing in the award of this blanket statement of authorization should be construed as conferring upon Delta rights (including code

- share, fifth freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unl ess Delta notifies the Department of its intent to serve such a market and unless and until the Department has completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights; and (ii) should there be a request by any carrier to use the limited

- entry route rights that are included in the authority of Delta by virtue of the blanket statement of authorization granted here, but that are not then being used by Delta , the holding of such authority w ill not be considered as providing any preference for

Delta in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue. 6

( g ) We may amend, modify, or revoke the authority granted at any ti me without hearing at our discretion.

6 The notice in paragraph (c ) above can be used for t his notification.Appendix A: Initial Code

- share Markets

Delta on Air Europa

MAD to/from

JFK New York

MIA Miami

BCN Barcelona

VGO Vigo

OVD Oviedo

PMI Palma de Mallorca

LPA Las Palmas

ACE Lanzarote

TCI Tenerife

FUE Fuerteventura

IBZ Ibiza

LIS Lisboa

BCN to/from

PMI Palma de Mallorca

LPA Las Palmas

ACE Lanzarote

TCI Tenerife

IBZ Ibiza

MAH Mahon

AGP MalagaAir Europa on Delta/Delta Connection

JFK to/from

MAD Madrid

LAX Los Angeles

LAS Las Vegas

MCO Orlando

MIA Miami

SFO San Francisco

SAN San Diego

ATL Atlanta

PHX Phoenix

TPA Tampa

SEA Seattle

FLL Ft. Lauderdale SDQ Santo Domingo, Dominican Republic

SJU San Juan

MIA to/from

MCO Orlando

ATL Atlanta

TPA Tampa