BEFORE THE

DEPARTMENT OF TRANSPORTATION WASHINGTON, D

. C

.

) Application of ) )

FLY JAMAICA AIRWAYS LIMITED ) Docket DOT

- OST

- 2013

- 0136 ) For an exemption )

New York

- Georgetown, Guyana ) ( 7 th f reedom extrabilateral )

turn

- around service) ) )

ANSWER OF DELTA AIR LINES, INC.

Communications with respect to this document should be addressed to:

Robert J. Cortelyou

Senior Vice President

– Network Planning DELTA AIR LINES, INC.

1030 Delta Boulevard Atlanta, Georgia 30320 Alexander Van der Bellen Managing Director, Regulatory Affairs

& Associate General Counsel Christopher Walker Regional Director, Regulatory Affairs DELTA AIR LINES, INC.
1212 New York Avenue, N.W. Washington, D.C. 20005 (202) 842

- 4184 sascha.vanderbellen@delta.com
chris.walker@delta.com

October 1 5 , 20 13BEFORE THE

DEPARTMENT OF TRANSPORTATION WASHINGTON, D

. C

.

) Application of ) )

FLY JAMAICA AIRWAYS LIMITED ) Docket DOT

- OST

- 2013

- 0136 ) For an exemption )

New York

- Georgetown, Guyana ) (7 th freedom extrabilateral )

turn

- around service) ) )

ANSWER OF DELTA AIR LINES, INC.

Delta Air Lines, Inc. (“ Delta ”) a nswer s in opposition to the Petition for Review of Fly

Jamaica Airways Ltd ( “ Fly Jama ica” )

. Fly Jamaica has offered nothing in its Petition that would

warrant disturbing the Department’s correct and carefully reasoned decision in Order 2013

- 9

- 22

to deny Fly Jamaica extraordinary relief to operate extrabilateral 7 th freedom “turn

- around”

service between New York (JFK) and George town, Guyana (GEO)

.

Delta fully concurs in the original Objections and subsequent Answer of Airline s f or

America (A4A) in this docket . Any suggestion by Air Jamaica that A4A does not speak for

Delta, as well as the U.S. airline industry

, on this important issue is incorrect. However, as

Delta has been uniquely and adversely impacted on the JFK

- Georget own route, we offer the

following additional comments to amplify the points made by A4A :

1. Neither the G overnment of Jamaica nor the Government of Guyana bargained for 7 th

freedom rights on the JFK

- Georgetown route. 7 th freedom passenger rights are not and

have never been part of the U.S. open skies model text and are, by definition,

extrabilateral

. As such, there could be no expectation on the part of any carrier or any

government that such rights would be freely granted by the Department

– particularly

### Delta Air Lines Answer Page 2

when seventh freedom services have a detrimental effect on the ability of U.S. carriers to

develop and maintain nonstop 3 rd /4 th freedom routes from the United States.

2. Delta’s decision to exit the JFK

- GEO market was not taken lightly “for i ts own

commercial reasons” as suggested by Fly Jamaica in its Petition. (Page 2) Rather, after

five years of successfully operating nonstop service on the JFK

- GEO route, Delta was

forced to terminate service due to the entry of a state sp onsored, state

- su bsided carrier

using an aggressive interpretation of 5 th freedom operating rights.

3. Fly Jamaica’s claim that the U.S.

- Guyana market is “now in total isolation as regards to

nonstop air service ” (page 2) is simply false. In truth, the JFK

- GEO market is served

with four nonstop flights per week in each direction: three flights a week by Caribbean

Air, and one flight a week by Fly Jamaica itself. See, Exhibit 1 (JFK

- GEO nonstop

schedules); Exhibit 2 (Fly Jamaica and Caribbean Air web sites offering nonst op

bookings).

4. JFK

- GEO is not without nonstop service. Rather, Fly Jamaica is seeking extrabilateral

relief, for its commercial benefit, to completely sever this route from its home country and

operate it on a pure seventh freedom basis. Indee d, one may question whether the

current service should qualify a s a legitimate intermediate 5 th freedom operation , given

that 94% of traffic onboard Caribbean Air’s nonstop JFK

- GEO flights is traveling in the

local market. 1 Fly Jamaica’s results are no doubt similar, but have not yet been

reported.

1 MIDT Data CY2013 to date.

### Delta Air Lines Answer Page 3

5. In the DOT’s recent decision to deny Fly Jamaica extrabilateral 7 th freedom authority , the

Department explained its appropriately high standard for granting such relief:

In considering foreign air carrier requests for extrabilateral authority, the Department weighs various criteria specific to the type of extrabilateral request, as well as any other factors that are germane to a particular case. With respect specifically to requests for extrab ilateral seventh

freedom turnaround service, we have historically viewed such requests as extraordinary and have granted such authority only when the circumstances presented on the record in individual cases show compelling public interest considerations. In this regard, we have established several criteria to determine whether such authority would be in the public interest in a given case. Specifically, we must conclude that (1) a demonstrable need for the service exists, (2) there would be a negligible impact on U.S. flag carriers, and (3) the proposed operation is limited in scope. Order 2013

- 9

- 22 at 3.

Those conditions have not been met here. First, nonstop service is, in fact, being

provided on the JFK

- GEO route. Second, the grant of seventh freedom rights would

have a serious detrimental impact on the ability of U.S. carriers to develop and maintain

3 rd /4 th freedom service s . Third, the relief sought by Fly Jamaica and Caribbean Air

would provide open

- ended seventh freedom rights in t he JFK

- GEO market , permanently

foreclosing the possibly of reentry by U.S. flag carriers. Accordingly

, Delta supports and

agrees with the Department’s decision not to grant extrabilateral 7 th freedom

“turnaround” rights to Fly Jamaica and Caribbean Air.

6. Delta is actively monitoring the JFK

- GEO route. In an environment free from the harmful

effects of state sponsorship and subsidy, and aggressive and undue reliance on 5 th

freedom operations by third country countries, Delta is fully prepared to resume service.

### Delta Air Lines Answer Page 4

For these reasons, the Department’s decision s hould stand, and Fly Jamaica’s P etition

denied.

Respectfully submitted,

_____________________________ Alexander Van der Bellen Managing Director, Regulatory Affairs

& Associate General Counsel DELTA AIR LINES, INC.Schedule Weekly Extract Report for all Passenger (All) flights from JFK to GEO for travel in October 2013Mktg Al Airline Alliance Op Al Orig Dest Miles Flight Equip Seats Dep Time Arr Time Block Mins Orig WAC Dest WAC Op Days Ops/Week Seats/WeekBW Caribbean None BW JFK GEO 2,538 529 767 214 0730 1345 375 22 350 1..4.6. 3 642OJ Fly Jamaica None OJ JFK GEO 2,538 172 752 207 1205 1735 330 22 350 ....5.. 1 207Schedule Weekly Extract Report run on October 10, 2013 by DL-CHWA with Parameters:Origin Airport(s) JFKDestination Airport(s) GEOAlliance NoneSeats Between 0 And 999Origin Region Destination Region Op Days Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, SaturdayUse Data Loaded This WeekService Type Passenger (All)Equipment All EquipmentShow Origin WAC? YesShow Destination WAC? YesShow Restricted Flights? NoShow Seats By Cabin? NoStage Length 0 To 25000 MilesStops 0Travel Period in October 2013Schedule Weekly Extract Report for all Passenger (All) flights from GEO to JFK for travel in October 2013Mktg Al Airline Alliance Op Al Orig Dest Miles Flight Equip Seats Dep Time Arr Time Block Mins Orig WAC Dest WAC Op Days Ops/Week Seats/WeekBW Caribbean None BW GEO JFK 2,538 528 767 214 2320 0535 375 350 22 ..3.5.7 3 642Schedule Weekly Extract Report run on October 10, 2013 by DL-CHWA with Parameters:Origin Airport(s) GEODestination Airport(s) JFKAlliance NoneSeats Between 0 And 999Origin Region Destination Region Op Days Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, SaturdayUse Data Loaded This WeekService Type Passenger (All)Equipment All EquipmentShow Origin WAC? YesShow Destination WAC? YesShow Restricted Flights? NoShow Seats By Cabin? NoStage Length 0 To 25000 MilesStops 0Travel Period in October 201310/11/13 Fly Jamaica Airways Ltd. - passenger information

https://flyjamaica.booksecure.net/PassengerInfo.aspx?BookingID=37ec8922-9b0c-4273-bcb2-3d1b60c90b08&triptype=rRoundTrip&adults=1&children=0&infants... 1/2 Book Your Flight

Flight Summary

Origin Destination Flight

Number Depart Time Arrival Time

New York, John F Kennedy Intl

US Cheddi Jagan Intl, Guyana OJ - 172 18 Oct 2013 12:05

PM 18 Oct 2013 5:35 PM

Cheddi Jagan Intl, Guyana New York, John F Kennedy Intl

US OJ -

150/121 21 Oct 2013 1:00

AM 21 Oct 2013 10:15

AM

Passengers Fare Per Passenger Services Taxes Subtotal

1 Adult USD 618.00 USD 0.00 USD 143.90 USD 761.90

Total Price: USD 761.90

Primary Passenger Information

Type * Adult

Title MR

First Name *

Middle Name

Last Name *

Address Information

Address1 * Address2 City *

State/Province Postal Code Country *

Contact Information

Home Phone * Work Phone Cell Phone *

E-mail Address *

Travel document one

Travel document * Passport

Document ID *

Issuing country * Afghanistan Expiry date * DD MM YYYY

Additional passport information

Last name (on passport) *

Gender * Date of birth *10/11/13 Fly Jamaica Airways Ltd. - passenger information

https://flyjamaica.booksecure.net/PassengerInfo.aspx?BookingID=37ec8922-9b0c-4273-bcb2-3d1b60c90b08&triptype=rRoundTrip&adults=1&children=0&infants... 2/2 Gender * Select Gender Date of birth * DD MM YYYY

Nationality * Afghanistan

Alien number

Issuing country Afghanistan Expiry date DD MM YYYY

Travel document two

Travel Document two Select Additional Travel document

Document ID

Issuing country Afghanistan Expiry date DD MM YYYY

Additional passport information

Last name (on passport)

Gender Select Gender Date of birth DD MM YYYY

Nationality Afghanistan

Alien number

Issuing country Afghanistan Expiry date DD MM YYYY

I confirm that the passport information I have provided is correct



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Agent10/11/13 Caribbean Airlines Limited - Flight price confirmation

https://caribbean.sita.aero/itd/itd 1/1 Search > Select > Review > Traveller Details > Payment > Confirmation 

# Flight price

The total fare including surcharges and taxes is shown below per traveller. This fare will continue throughout the reservation process once seats remain available. Seats are not guaranteed until your final purchase. Please read the fare rules before completing your reservation.

Outbound journey

BW528 Economy

Non

‐ stop Georgetown, Cheddi Jagan Intl.

New York, John F. Kennedy Intl. Sun, 13 Oct 11:20 PM 5:00 AM (+1)

Inbound journey

BW529 Economy

Non

‐ stop New York, John F. Kennedy Intl.

Georgetown, Cheddi Jagan Intl. Mon, 21 Oct 7:30 AM

1:05 PM

Air fare cost Type Travellers Net Taxes and FeesSurcharges Total

Adult: 1 USD 698.00USD 168.60 USD 80.00 ( details )USD 946.60 Total price including surcharges and taxes: USD 946.60

(+1) Flight departs/arrives one day laterCERTIFICATE OF SERVICE

A copy of the foregoing Answer has been served this 1 5 th day of October , 2013, upon the following persons via email:

pmurphy@lopmurphy.com
ESahr@eckertseamans.com
anita.mosner@hklaw.com
Jennifer.Nowak@hklaw.com
robert.wirick@aa.com
francis.heil@aa.com
anbird@fedex.com
sllunsford@fedex.com
dan.weiss@united.com howard.kass@usairways.com rsilverberg@sgbdc.com jjoh nson@sgbdc.com tom.fosko@airtransport.com jcanny@amerijet.com jrichardson@johnlrichardson.com rpommer@atlasair.com john.palo@evergreenairlines.com charters@evergreenairlines.com
matwood@cozen.com mlbenge@zsrlaw.com kevin.montgomery@polaraircargo.com peter.beckett@polaraircargo.com john.allen@faa.gov Russell.Bailey@alpa.org dberg@airlines.org kglatz@airlines.org paul.gretch@dot.gov todd.homan@dot.gov Peter.Irvine@dot.gov
info@airlineinfo.com