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 )

(7th freedom 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 15, 2013
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 )

(7th freedom extrabilateral )

turn-around service) )

)

ANSWER OF DELTA AIR LINES, INC.

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

Jamaica Airways Ltd (“Fly Jamaica”). 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 7th freedom “turn-around” 

service between New York (JFK) and Georgetown, Guyana (GEO). 

Delta fully concurs in the original Objections and subsequent Answer of Airlines for 

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-Georgetown route, we offer the

following additional comments to amplify the points made by A4A:

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

freedom rights on the JFK-Georgetown route. 7th 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 3rd/4th freedom routes from the United States. 

2. Delta’s decision to exit the JFK-GEO market was not taken lightly “for its 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 sponsored, state-subsided carrier

using an aggressive interpretation of 5th 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 nonstop 

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. Indeed, one may question whether the 

current service should qualify as a legitimate intermediate 5th 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 7th 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 extrabilateral seventhfreedom 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 

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

would provide open-ended seventh freedom rights in the 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 7th 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 5th

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 should stand, and Fly Jamaica’s Petition 

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 2013

Mktg 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/Week

BW Caribbean None BW JFK GEO 2,538 529 767 214 0730 1345 375 22 350 1..4.6. 3 642

OJ Fly Jamaica None OJ JFK GEO 2,538 172 752 207 1205 1735 330 22 350 ....5.. 1 207

Schedule 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 2013

Exhibit 1

1
Schedule Weekly Extract Report for all Passenger (All) flights from GEO to JFK for travel in October 2013

Mktg 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/Week

BW Caribbean None BW GEO JFK 2,538 528 767 214 2320 0535 375 350 22 ..3.5.7 3 642

Schedule 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 2013

Exhibit 1

2
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... 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 12:05PM 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 *

Exhibit 2 - Page 1
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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Exhibit 2 - Page 2
10/11/13 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 Oct11:20 PM

5:00 AM (+1)

Inbound journey

BW529

Economy 

Non‐stop

New York, John F. Kennedy Intl.

Georgetown, Cheddi Jagan Intl.

Mon, 21 Oct7:30 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 later

Exhibit 2 - Page 3
CERTIFICATE OF SERVICE

A copy of the foregoing Answer has been served this 15th 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

jjohnson@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