BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC.,

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

and

EXPRESSJET AIRLINES, INC.

for a statement of authorization pursuant to

14 C.F R. Part 212

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Docket DOT-OST-2010-0095

 

JOINT APPLICATION OF DELTA AIR LINES, INC., 

VRG LINHAS AEREAS S.A., AND EXPRESSJET AIRLINES, INC.

FOR A STATEMENT OF AUTHORIZATION

Communications with respect to this document should be sent to:

Alexander Van der Bellen, 

Managing Director, Regulatory and International 

Affairs & Associate General Counsel

Christopher Walker

Regional Director, Regulatory and International 

Affairs

DELTA AIR LINES, INC.

1212 New York Avenue, NW Suite 200

Washington, DC 20005

(202) 842-4184

sascha.vanderbellen@delta.com

chris.walker@delta.com

Flávio Araújo

Diretoria Jurídica / Coordenadoria de Contratos, 

Societário e Regulatório / Coordenador

Departamento Jurídico - SAOG

VRG LINHAS AEREAS S.A. - GRUPO GOL

Sao Paulo, Brazil

July 2, 2014

Gerald Murphy

CROWELL & MORING LLP

1001 Pennsylvania Avenue NW

Washington, D.C. 20004-2595

(202) 508-8855

gmurphy@crowell.com

Counsel for

EXPRESSJET AIRLINES, INC.

Notice: The Joint Applicants intend to poll the U.S. carrier representatives on the 

attached service list regarding this Application and will notify the Department of the 

results as soon as possible.
BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC.,

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

and

EXPRESSJET AIRLINES, INC.

for a statement of authorization pursuant to

14 C.F R. Part 212

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)

)

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Docket DOT-OST-2010-0095

 

JOINT APPLICATION OF DELTA AIR LINES, INC., 

VRG LINHAS AEREAS S.A., AND EXPRESSJET AIRLINES, INC.

FOR A STATEMENT OF AUTHORIZATION

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

ExpressJet Airlines, Inc. (“ExpressJet”) (together, the “Joint Applicants”) hereby apply for 

authority to expand Gol’s existing codesharing on Delta to include Delta Connection 

operations by ExpressJet. Specifically, pursuant to 14 C.F.R. Part 212, ExpressJet seeks 

a blanket statement of authorization allowing ExpressJet to display Gol’s “G3*” code on 

Delta Connection flights ExpressJet operates: (a) within the United States (in conjunction 

with Gol’s services in foreign air transportation), and (b) between the United States and 

third countries.1

 ExpressJet requests that its statement of authorization be valid for an 

indefinite period subject to the Department’s normal code share conditions.2

 

In support of this Joint Application, Delta, Gol, and ExpressJet state as follows:

 1 To the extent necessary, the Joint Applicants request consolidation of this application into Docket 

DOT-OST-2010-0095, the Docket established by the Department for the administration of the grant 

of the blanket statements of authorization issued to Gol and Delta.

2 The Joint Applicants request a waiver of the 45-day advance filing requirement for codeshare 

statements of authorization under 14 C.F.R. Part 212 so that the proposed codeshare services may 

begin without delay. 
Joint Application of Delta, Gol, and ExpressJet

Page 2

1. ExpressJet is a well-established regional carrier that holds various 

certificate and exemption authorities permitting it to engage in scheduled interstate and 

foreign air transportation of persons, property and mail3 and, among other things, 

operates flights as a Delta Connection carrier.

2. The Department has previously approved Delta/Gol blanket statements of 

authorization for reciprocal codesharing. See, Notices of Action Taken, Issued April 19, 

2011, and Issued December 3, 2012 in Docket DOT-OST-2010-0095. The proposed 

services are fully consistent with the Department’s prior codeshare approvals and with the 

U.S.-Brazil Air Transport Agreement, signed March 19, 2011.

3. Delta, Gol, and ExpressJet have agreed to expand codesharing to 

encompass flights operated by ExpressJet on Delta’s behalf. Accordingly, the Joint 

Applicants request a blanket statement of authorization under 14 C.F.R. Part 212, 

permitting ExpressJet to display Gol’s “G3*” designator code on flights operated by 

ExpressJet: (a) within the United States (in conjunction with Gol’s services in foreign air 

transportation), and (b) between the United States and third countries.

4. The proposed codeshare services will be operated pursuant to the 

Delta/Gol codeshare agreement previously approved by the Department and an ancillary 

Delta/Gol/ExpressJet agreement. A redacted copy of the ancillary Delta/Gol/ExpressJet 

agreement is attached to this Application.

5. Gol holds exemption authority authorizing it to engage in the full scope of 

foreign air transportation permissible under the U.S.-Brazil Air Transport Agreement. See

Notice of Action Taken issued April 30, 2014, in Docket DOT-OST-2012-0039. 

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 See, e.g., Order 2012-1-3 at 1-2 (listing ExpressJet’s certificate, exemption, and other operating 

authorities) and Notices of Action Taken dated April 30, 2014 in Docket DOT-OST-2012-0077 

(Atlanta-Cozumel), October 18, 2013 in Docket DOT-OST-2004-17960 (Atlanta-Providenciales) 

and June 19, 2013 in Docket DOT-OST-2013-0115 (Atlanta-Leon/Guanajuato). 
Joint Application of Delta, Gol, and ExpressJet

Page 3

6. The same public interest considerations that supported the grant of 

codeshare authority to Gol and Delta apply with equal force to the services operated by 

ExpressJet on behalf of Delta. Gol and Delta have a longstanding codesharing 

relationship, and grant of this application will enable Gol to further expand its on-line 

service options to additional U.S. and beyond-U.S. cities. 

7. The Joint Applicants’ initial codeshare markets are listed at Exhibit A-1 to 

the attached codeshare agreement. To the extent necessary, the Joint Applicants request 

that the authority requested here for Gol codesharing on ExpressJet be administered 

jointly with the authority for Gol codesharing on Delta in docket DOT-OST-2010-0095

such that any non-open skies point 30-day notice given is deemed notice for all of the 

operating carriers authorized in this docket, except for U.S.-Mexico service where notices 

will continue to be provided on an operating carrier specific basis. The Joint Applicants 

incorporate by reference all previous non-Mexico codeshare-point notices provided in this

docket.

8. ExpressJet is not a CRAF participant.

9. The Joint Applicants will conduct these codeshare services in accordance 

with 14 C.F.R. Part 257 and the other conditions normally imposed by the Department on 

codesharing statements of authorization.

WHEREFORE, Delta, Gol, and ExpressJet request that the Department promptly 

grant the authority described herein. 

Respectfully submitted,

/s/ Flávio Araújo /s/ Gerald Murphy

________________________________ ________________________________

Flávio Araújo

Diretoria Jurídica / Coordenadoria de Contratos, 

Societário e Regulatório / Coordenador

Departamento Jurídico - SAOG

VRG LINHAS AEREAS S.A. - GRUPO GOL

Gerald Murphy

CROWELL & MORING LLP

Counsel for EXPRESSJET AIRLINES, INC.
Joint Application of Delta, Gol, and ExpressJet

Page 4

________________________________

Alexander Van der Bellen

Managing Director, Regulatory and International 

Affairs & Associate General Counsel

DELTA AIR LINES, INC.






CERTIFICATE OF SERVICE

A copy of the foregoing Application has been served this 2nd day of July, 2014, upon 

the following persons via email:

Air Carrier Name Email Address

Alaska Airlines Marshall Sinick msinick@ssd.com

American Howard Kass howard.kass@aa.com

American Robert Wirick robert.wirick@aa.com

Frontier/Republic Bob Cohn robert.cohn@hoganlovells.com

Frontier/Republic Pat Rizzi patrick.rizzi@hoganlovells.com

Hawaiian Jonathan Hill jhill@dowlohnes.com

JetBlue Robert Land robert.land@jetblue.com

Southwest/AirTran Bob Kneisley bob.kneisley@wnco.com

Southwest/AirTran Leslie Abbott leslie.abbott@wnco.com

Spirit Airlines David Kirstein dkirstein@yklaw.com

Spirit Airlines Joanne Young jyoung@yklaw.com

Sun Country John Fredericksen john.fredericksen@suncountry.com

Sun Country Thomas Ting thomas.ting@suncountry.com

United Dan Weiss dan.weiss@united.com

United Thomas Bolling thomas.bolling@united.com

United Karine Faden karine.faden@united.com

United Oracio Marquez oracio.marquez@united.com

Virgin America Barbara Russell barbara.russell@virginamerica.com

Brian Hedberg brian.hedberg@dot.gov

Robert Finamore robert.finamore@dot.gov

Brett Kruger brett.kruger@dot.gov

Info info@airlineinfo.com