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

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, 2010BEFORE 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 Connection 1 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-approv ed 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; 6ST## 97-29.~~ 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



# ---------------------



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[ 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. aspCERTIFICATE OF SERVICE

A copy of the foregoing Reply has been served this 2 nd 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