BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

DELTA AIR LINES, INC. 

 and the 

DELTA CONNECTION CARRIERS 

for an exemption from 14 C.F.R. Part 212 

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Docket DOT-OST-2010-0208 

REPLY OF DELTA AIR LINES, INC. AND THE 

DELTA CONNECTION CARRIERS

Communications with respect to this document should be addressed to: 

 

 Alexander Van der Bellen 

Managing Director – Government Affairs 

 & Associate General Counsel 

Jeff Morgan 

Regional Director – Government Affairs 

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Washington, D.C. 20005 

(202) 842-4184 

sascha.vanderbellen@delta.com

September 2, 2010 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

DELTA AIR LINES, INC. 

 and the 

DELTA CONNECTION CARRIERS 

for an exemption from 14 C.F.R. Part 212 

) 

) 

) 

) 

) 

) 

) 

) 

Docket DOT-OST-2010-0208 

REPLY OF DELTA AIR LINES, INC. AND THE 

DELTA CONNECTION CARRIERS

Delta Air Lines, Inc. (“Delta”), together with its Delta Connection1

 partners, 

applied for a blanket exemption from Part 212 to enable the Delta Connection carriers to 

display the codes of Delta’s approved foreign codeshare partners without the need to 

obtain individual statements of authorization for each Delta Connection/foreign partner 

arrangement. There is broad support for Delta’s proposal, which was enthusiastically 

supported by similarly situated U.S. carriers as well as Delta’s foreign codeshare 

partners. 

 Answers were filed by Continental, United, US Airways, Air France, Alitalia and 

China Airlines. All of the commenters agreed that the requested relief is in the public 

interest, that it will improve efficiency and enable carriers to offer additional service, and 

that it will reduce unnecessary regulatory burdens on the Department and carriers, 

consistent with the Department’s streamlining initiative. The relief requested is noncontroversial because in each instance the public interest merits of the underlying 

 

1 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. 
Reply of Delta and the Delta Connection Carriers 

Page 2 

codeshare have already been vetted in the Department’s review of the mainline-foreign 

partner relationship. As noted by Continental, “Although numerous applications for 

codeshare statements of authorization have been submitted by regional airlines 

operating aircraft with 61 to 76 seats, [we are] unaware of any such application being 

opposed, much less disapproved, when the agreement between the relevant mainline 

U.S. and foreign airlines has been approved.” (CO at 2-3). By its terms Part 212 does 

not apply to any flights performed by a commuter air carrier, air taxi operator, or 

certificated air carrier operating aircraft with 60 or fewer seats, and all interested carriers 

– both U.S. and foreign – support the modest expansion of this relief to cover today’s 

modern and slightly larger regional jets. 

 The only concern noted by the commenters was that the same relief should be 

available to other similarly situated carriers, and by what means the Department should 

issue the authority, be it through waiver or exemption, and through individual application 

or blanket process. Delta agrees that this relief should be available to all carriers, and 

takes no position on the means through which the Department decides to grant it.2

 

However, Delta has an immediate need for this relief because it has pending codeshare 

expansions with foreign partners involving 76 seat Delta Connection Aircraft. These 

pending agreements will otherwise require multiple serial applications, defeating the 

immediate purpose and efficiencies that will be realized through the grant of this 

application. Since no Ashbacker concerns are implicated, Delta urges that its 

 

2 The Department could also issue blanket statements of authorization covering all Delta 

Connection carriers and foreign partners listed in Delta’s Application. By NOAT dated 

November 8, 2001 the Department issued a blanket statement of authorization to 

American Eagle explicitly authorizing the American Eagle carriers to display the code of 

all of American Airlines’ previously-approved foreign codeshare partners. (Copy 

Attached). This precedent fully supports the blanket relief requested here by Delta and 

the Delta Connection carriers. In the event the Department decides to proceed via this 

means, Delta and the Delta Connection carriers request that this application be deemed 

and processed as a request for a blanket statement. 
Reply of Delta and the Delta Connection Carriers 

Page 3 

application, which is unopposed and ripe for decision, be granted immediately, or, in the 

alternative, the Department issue blanket relief without delay. 

Respectfully submitted,

_________________________________ 

Alexander Van der Bellen 

Managing Director, Government Affairs 

 & Associate General Counsel 

DELTA AIR LINES, INC. 
( 

u.s. Department of 

Transportation 

Office of the Secretary 

of Transportation 

DEPARTMENT ACTION ON APPLICATION OF AMERICAN AIRLINES, INC. 

to amend various Statements of Authorization to code share to explicitly include 

TWA Airlines LLC; American Eagle Airlines, Inc; and Executive Airlines, Inc. 

d/b/a American Eagle and allow each of these affiliate airlines to display authorized 

foreign carrier designator codes on authorized domestic and transborder ~?de-share 

routes where service is OPt;lted by the affiliate, Dockets OS .. 1l2000-7057a~dq 

undock~te~; OST -99:5713 and undocketed; OST -20~~1r752; OST -99-~..?:l4; 6ST97-29.~~ 11ST -99-4?941nd undocketed; OST -99-6~~; OST -200Q.-~~69; "OST -20JP;t ~ 7077; OST-99-516f'lffid undocketed; OST-99-5943; OST-99-5944; OST-96-1700 aho 

undocketed; OST -2000-7504; «ild OST -2000-7151:-I () 

Approved* under assigned authority (14 CFR §385.l3). 

Date of Action: NOV - 8 2001 ---------------------

... ~-=-- K~ (/ j \1 e0),C'-~ . _ A~ /[ \~ctor, Office ofIntem~A.viation 

[ 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 ten 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. 

*The authority granted is subject to the conditions attached to the previously granted Statements of 

Authorization in the above-referenced dockets. 

We may amend, modify, or revoke the authority granted at any time without hearing at our discretion. 

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

http://dms. dot.gov/ /reports/reports _ aviation. asp 
CERTIFICATE OF SERVICE 

 A copy of the foregoing Reply has been served this 2nd day of September, 2010, 

upon the following persons via email: 

anbird@fedex.com 

anita.mosner@hklaw.com 

benjamin.slocum@usairways.com 

bill@mietuslaw.com 

bob.kneisley@wnco.com 

BTHunt@pncl.com 

byerlyjr@state.gov 

carl.nelson@aa.com 

dan.weiss@coair.com 

dhainbach@ggh-airlaw.com 

dwight.moore@ustranscom.mil 

hkamen@coair.com 

howard_kass@usairways.com 

jeffrey.manley@united.com 

john.allen@faa.gov 

jrichardson@johnlrichardson.com 

steve.morrissey@united.com 

jyoung@yklaw.com 

kevin.montgomery@polaraircargo.com 

matwood@sherblackwell.com 

mroller@rollerbauer.com 

mrosia@crowell.com 

rpommer@atlasair.com 

rsilverberg@sgbdc.com 

slachter@lachter-clements.com 

art.thomas@horizonair.com 

ben.graves@evergreenairlines.com 

Brian.Gillman@mesa-air.com 

robert.cohn@hoganlovells.com 

patrick.rizzi@hoganlovells.com 

jennifer.trock@pillsburylaw.com 

rdmathias@zsrlaw.com 

george.carneal@hoganlovells.com 

barbara.russell@virginamerica.com 

bruce.rabinovitz@wilmerhale.com 

cdonley@ssd.com 

dkirstein@yklaw.com 

dvaughan@kelleydrye.com 

ebailey@wileyrein.com 

efaberman@wileyrein.com 

gmurphy@crowell.com 

gwhite@lac.lynden.com 

jhill@dowlohnes.com 

John.Fredericksen@suncountry.com 

john.palo@evergreenairlines.com 

judy@lynden.com 

kenneth.quinn@pillsburylaw.com 

lhalloway@crowell.com 

mcmillin@woa.com 

mlbenge@zsrlaw.com 

msinick@ssd.com 

mwiegele@nac.aero 

pmurphy@lopmurphy.com 

ranjit.seth@evergreenairlines.com 

rbkeiner@crowell.com 

robert.land@jetblue.com 

scott.peterson@expressjet.com 

sllunsford@fedex.com 

temerson@skywest.com 

info@airlineinfo.com 

pdoell@naca.cc 

rpriddy@naca.cc 

TZoeller@naca.cc 

annalei.avancena@united.com 

esta.rosenberg@dot.gov 

paul.gretch@dot.gov