UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2000-6939 

### filed July 3, 2014 Joint Application ofDelta Air Lines, Inc. (Delta), Societe Air France (Air France), and GoJet Airlines LLC (GoJet) for a blanket statement ofauthorization under 14 C.F.R. Part 212 to permit GoJet to display Air France's "AF" designator code on Delta Connection flights GoJet operates: (a) within the United States (in conjunction with Air France's services in foreign air transportation), and (b) between the United States and third countries. 1 Delta, Air France, and GoJet further request a waiver ofthe 45-day advance filing requirement under 14 C.F.R. Part 212.2 

### *Approved in under assigned authority (14 C.P.R. §385.13). Date ofAction: August 11,2014

\u\\ 

### Director, Office oflntematio Persons entitledto petition the Department for review ofthis action under the Department's regulations, 14 CFR § 385.30, should file their petitions within seven days ofthe date ofthis action. This action is effective immediately, and the filing ofa petition for review will not alter its effectiveness. We may amend, modify, orrevoke the authority granted at any time, without hearing, at our discretion.

*The authority granted is subject to the attached conditions.

1 Thejoint applicants state that the proposed code-share services will be operatedpursuant to the Delta/Air France code-share agreement previously approved by the Department and an ancillary Delta/ Air France/GoJet agreement. Thejoirlt applicants request consolidation ofthis statement ofauthorization irlto Docket DOT-OST-2000-6939, the docket established by the Department for the admirlistration ofthe blanket statements ofauthorization held by Delta, Air France, and their regional affiliates and partners. We will grantthis request. 2 Thejoirlt applicants' irlitial codeshare markets are: New York, NY-Toronto, Canada; Detroit, MI-Washington, D.C.; New York, NY-Montreal, Canada; and Cirlcinnati, OH-New York, NY.The code-share operations authorizedhere are subjecttothe following conditions: (a) The statement ofauthorization will remain ineffect only as long as (i) Delta, Air France, and GoJet continue 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, Air France and/or GoJetmust promptly notify the Department ifthe code-share agreement providing for the code-share operations is no longer effective orthe carriers decide to cease operating any or all ofthe approved code-share services. We expectthis notification to be received within 10 days ofsuchnon-effectiveness or ofsuch decision. Suchnotices shouldbe filed in docket DOT-OST-2000-6939. (c) Delta, Air France, and/or GoJet must notify the Department no later than 30 days before they begin any new code-share service under the code-share services authorized here. Suchnotice shall identify the market(s) to be served, which carrier will be operating the aircraft inthe added code-share market, andthe date on whichthe service will begin. Suchnotice shouldbe filed in Docket DOT-OST-2000-6939. 1 (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 inthe contract between the carriers, our approval here is expressly conditioned uponthe requirements that the subject foreign air transportation be sold inthe name ofthe carrier holding out such service in the computerreservation systems and elsewhere;thatthe carrier selling such transportation (i.e., the carrier shown onthe ticket) acceptresponsibility for the entirety ofthe code-sharejourney for all obligations established in its contract ofcarriage withthe passenger; and that the passenger liability ofthe operating carrier be unaffected. (e) Any service provided shall be consistent with all applicable agreements withthe foreign countries involved. Furthermore, (i) nothing inthe award ofthe blanket statement ofauthorization shouldbe construed as conferring upon GoJet rights (including code-share, fifth-freedom intermediate and/or beyond rights) to serve markets where U.S. carrier rights are limited unless GoJet notifies us ofits intent to serve such market and unless and until the Departmenthas completed any necessary carrier selection procedures to determine which carrier(s) shouldbe authorized to exercise suchrights;2 and (ii) should there be a request by any carrier to use the limited-entry route rights that are included inthe authority of GoJetby virtue ofthe blanket statement ofauthorization granted here, butthat are not being used by GoJet, the holding ofsuch authority will notbe considered as providing any preference for GoJet in a carrier selectionproceeding to determine which carrier(s) should be entitled to use the authority at issue; (f) The authority granted here is specifically conditioned so that neither Delta, Air France, nor GoJet shall give any force or effect to any contractual provisions between themselves that are contraryto these conditions. (g) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

1 Thejoint applicants provided notice oftheir intent to engage in code-share services to open skies points. Thejoint applicants also state that they will provide the Department with 30-day notice before commencing code-share services to non-open skies points. The joint applicants statedthat notices for U.S.-Mexico service will continue to be provided on an operating carrier specific oosis. 2 The notice referenced in condition (c) above may be used for this notification.