Delta Air Lines, Inc. - 2006 Filings

Delta Air Lines, Inc.

OST-2005-23526 - Exemption - Atlanta-Quito/Guayaquil, Ecuador

January 3, 2006

Applies for an exemption and allocation of seven (7) U.S. -Ecuador frequencies to enable Delta to operate daily nonstop service between Atlanta and Quito/Guayaquil, Ecuador. Delta's new service will provide Atlanta with its only nonstop service to Ecuador, and will also provide attractive new online connections between Quito/Guayaquil and the 216 cities served by Delta and the Delta Connection carriers from Atlanta. The proposed new flight will begin on or about June 1, 2006, using Boeing 757-200 aircraft configured with 156 economy and 22 business class seats.

There are presently only two U.S. carriers serving Ecuador: American and Continental.

Delta presently has a certificate application for broad U.S.--Ecuador authority pending in Docket OST-1999-6246. Delta also has an application for Atlanta-Quito/Guayaquil certificate authority pending in Docket OST-1997-3218. There are also seven dormant frequencies for which Continental has requested a dormancy waiver. See, Application of Continental dated December 19, 2005, Docket OST-1997-2447.

Counsel: Delta and Hogan & Hartson, 202-637-4999, recohn@hhlaw.com

OST-1995-552 - American Airlines' Realignament of Certificate for Route 389
OST-2002-12000 - American Airlines' Ecuador Frequencies
OST-1997-2447 - Continental Airlines' Ecuador Frequencies

OST-2006-23526 - Exemption - Atlanta-Quito/Guayaquil, Ecuador

January 10, 2006

Re: Poll Results

Delta has completed its poll of all carrier representatives served in this proceeding. There are no objections to Delta's application for Atlanta-Ecuador authority.

Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhlaw.com

OST-2001-10457 - Exemption - Cincinnati-Cancun
OST-2004-18184 - Exemption - Salt Lake City-Cancun
OST-2005-22243 - Exemption - New York/Newark-Cozumel

Filed November 22, 2005 | Approved January 11, 2006

Motion for a Temporary Dormancy Waiver

Delta Air Lines, Inc. hereby moves for a temporary dormancy waiver with respect to the following U.S.-Cancun/Cozumel city-pairs:

Cincinnati, OH-Cancun, Mexico
Salt Lake City, UT-Cancun, Mexico
New York, NY/Newark, NJ-Cozumel, Mexico

Due to the devastation caused by Hurricane Wilma in Cancun and Cozumel, Delta has been forced to revise its service plans for the identified routes. Delta currently anticipates that it will resume or commence these services on or about June 1, 2006. Accordingly, Delta requests a temporary waiver so that the 90-day dormancy period for each route will commence on June 1.

By: Esta Rosenberg

OST-2005-20145 - Exemption - Blanket codeshare

January 13, 2006

Application for an Amended Exemption

Delta Air Lines, Inc. hereby requests an amendment to its blanket codeshare exemption so as to include KLM Royal Dutch Airlines as an additional authorized foreign codeshare partner. Delta's blanket codeshare exemption authorizes it to provide scheduled foreign air transportation of persons, property, and mail between the United States and points worldwide pursuant to blanket codesharing statements of authorization approved by the Department. See, Notice of Action Taken dated March 1, 2005, this docket. The Department's NOAT included all of Delta's then-existing open skies codeshare partners, and stated that Delta could request blanket exemption authority for new codeshare partners as they were added.

By Order 2005-12-12, the Department tentatively approved blanket codesharing between Delta and KLM. Delta expects final approval of the codeshare to issue shortly, and accordingly requests that KLM be added as an authorized partner under Delta's blanket codeshare exemption.' This request is in the public interest and is identical in all respects to the authority previously granted by the Department to Delta and other carriers.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2005-23494 - New York/Newark-Cancun Combination Service Proceeding

January 17, 2006

Supplemental Application of Delta Air Lines - Bookmarked

Delta is proposing daily nonstop service from JFK to Cancun, Mexico. Delta will utilize widebody B-767-300 aircraft configured with 252 seats during the six peak travel months to Cancun. DL-101, 103. During the off-peak and "rainy season" months, Delta will operate B-757-200 aircraft configured with 183 seats. DL-102, 104. Delta's strong presence at JFK and its unique capability to meet peak season demand for New York-Cancun service by operating large capacity aircraft are key attributes distinguishing Delta's proposal.

Delta's proposed nonstop schedules are provided at Exhibits DL-101 and DL-102. Delta intends to operate New York (JFK)-Cancun service on a year-round basis. During the six peak travel months to Cancun, Delta will utilize Boeing 767-300 aircraft configured with 24 first class seats and 228 coach seats, DL-103. During the off-peak months, Delta will utilize Boeing 757-200 aircraft configured with 22 first class seats and 161 coach seats. DL-104. With nearly 300,000 annual passengers, New York - Cancun is a huge local market, and Delta expects that its new nonstop service will benefit predominantly local passengers. Nonetheless, Delta has provided viable one-stop connecting schedules as requested by Order 2005-12-18. DL-201.

Delta intends to operate its proposed JFK-Cancun services with aircraft on hand in its existing fleet. As of January 1, 2006, Delta has 121 Boeing 757-200 and 24 Boeing 767-300 aircraft (not including Delta's long-haul 767-300ER fleet). Delta uses Boeing 757-200 aircraft on a variety of U.S. domestic and medium haul international routes to Latin America. See OAG, North America Edition (January, 2006). The 252 seat configuration B-767-300 aircraft Delta has proposed are also used on domestic and medium haul international routes (including Atlanta-Cancun).

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2005-23497 - Los Angeles-Puerto Vallarta Combination Service Proceeding
OST-2005-23498 - Los Angeles-San Jose del Cabo Combination Service Proceeding

January 17, 2006

Supplemental Application of Delta Air Lines - Bookmarked

Delta's proposed nonstop schedules are provided at Exhibits DL-101 and DL-102. Delta intends to operate Los Angeles (LAX)-San Jose del Cabo and LAX-Puerto Vallarta service on a year-round basis using Boeing 737-800 aircraft configured with 16 first class seats and 134 coach seats. DL-103. Delta expects that its new nonstop service will benefit predominantly local passengers. Nonetheless, Delta has provided viable one-stop connecting schedules as requested by Order 2005-12-18. DL-201, 202.

Delta intends to operate its proposed Los Angeles-Mexico services with aircraft on hand in its existing fleet. Delta has 71 Boeing 737-800 aircraft. Delta uses Boeing 737-800 aircraft on a variety of U.S. domestic and medium haul international routes to Latin America.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2005-20145 - Delta - Exemption - Blanket Codeshare Authority

January 19, 2006

Re: Polling Results

Delta has completed its poll and determined that there are no objections to its request to add KLM to Delta's blanket codeshare exemption.

Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhlaw.com

OST-2005-23312 - Statement of Authorization - Atlanta-Tel Aviv Codesharing with El Al Israel Airlines

Application for Delta Air Lines for a statement of authorization to display the designator code of El Al Israel Airlines (LY*) on Atlanta, Georgia-Tel Aviv flights operated by Delta.

Delta hereby applies for renewal of an exemption under 49 U.S.C. § 40109 authorizing Delta to continue to provide scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in Chile, directly, via intermediate points, and beyond, and to integrate this authority with its existing exemption and certificate authority, subject to the Department's standard conditions.

Pursuant to its U.S-Chile exemption authority, Delta introduced and continues to operate daily nonstop roundtrip service between Atlanta and Santiago.

Delta hereby applies for renewal of an exemption under 49 U.S.C. § 40109 authorizing Delta to continue to provide scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in Aruba, directly, via intermediate points, and beyond, and to integrate this authority with its existing exemption and certificate authority, subject to the Department's standard conditions.

Pursuant to its U.S.-Aruba exemption authority, Delta introduced and continues to operate daily nonstop roundtrip service between Atlanta and Aruba. Delta has also operated nonstop New York (JFK)-Aruba service.

OST-2005-22450 - Delta Air Lines - Frequency Allocation - New York-Kiev
OST-2005-22195 - United Air Lines - US-Ukraine Third-Country Codeshare Frequency Allocation

Pursuant to Ordering Paragraph 4 of Order 2006-1-12, Delta hereby provides advance notice of the date it plans to inaugurate service. Delta intends to operate nonstop Ukraine service beginning on June 1, 2006. Delta has begun publishing schedules in the Global Distribution Systems with a June 1 effective date. Delta believes that notice is required at this time to avoid the possibility of simultaneous publishing of schedules by United under it temporary award past June 1, which would exceed the number of frequencies available to the United States under the U.S.-Ukraine air transport services agreement.

Amended exemption under 49 U.S.C. 40109 to include KLM Royal Dutch Airlines as an additional authorized foreign code-share partner and permit Delta to display its designator code on flights operated by KLM on the following services: Scheduled foreign air transportation of persons, property, and mail between the United States and points worldwide on a third-country code-share basis pursuant to blanket code-sharing statements of authorization approved by the Department, and to integrate this authority with its existing certificate and exemption authority.

By Notice of Action Taken dated March 1, 2005 in the instant docket, the Department granted Delta’s request for exemption authority to display its designator code on flights operated by its then existing open-skies foreign code-share partners and subsidiaries and affiliates. In the same Notice, we also informed Delta that it would need to apply for exemption authority to permit Delta to display its code on flights operated by new code-share partners. The exemption authority granted here is for operations with the foreign code-share partner named above. Should Delta and any new code-share partner be granted statements of authorization, Delta will need to apply for exemption authority to the extent necessary to permit Delta to display its code on flights operated by the new code-share partners.

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, on the one hand, and Quito and Guayaquil, Ecuador, on the other, and authority to integrate this authority with its existing certificate and exemption authority.

Allocation of seven weekly U.S.-Ecuador frequencies to provide new scheduled service in the market as described above.

While Delta states that it will begin service on June 1, 2006, we will extend the startup date slightly beyond that date to provide a reasonable opportunity for full introduction of the new service proposed without the risk of losing frequencies. Should Delta need an extension beyond June 10, it will need to request such extension formally.

OST-2006-23924 - Allocation of seven US-South Africa Frequencies and Route Integration Notice to Operate Atlanta-Johannesburg, South Africa Service via Dakar, Senegal

Delta has completed its poll of all carrier representatives served with the above-captioned application and determined that there are no objections to this request.

Delta hereby submits this motion to withhold from public disclosure certain information contained in Delta’s Form 41, Schedule B-7, Airframe and Aircraft Engine Acquisitions and Retirements report, for the quarter ended December 31, 2005, submitted herewith under seal pursuant to Rule 12 of the Department’s Rules of Practice in Proceedings.

OST-2006-23509 - Statement of Authorization - Boston-Cancun Codesharing with Aeromexico

Application of Delta Air Lines, Inc. for a statement of authorization to display “AM*” designator code of Aerovias de Mexico on Delta flights between Boston, Massachusetts and Cancun, Mexico.

OST-2006-23924 - Allocation of seven US-South Africa Frequencies and Route Integration Notice to Operate Atlanta-Johannesburg, South Africa Service via Dakar, Senegal

Under the US-South Africa aviation agreement, US carriers may operate 21 weekly scheduled combination service frequencies. Currently, all of the 21 frequencies are available for allocation by the Department. Delta seeks 7 weekly frequencies to operate daily between Atlanta and Johannesburg, South Africa, via Dakar, Senegal with local traffic rights along the route, beginning on or about December 4, 2006.

Delta holds existing certificate authority to serve Dakar and Johannesburg from Boston and New York under Route 616, Segment 12.

While Delta states that it will begin service on or about December 4, 2006, we will extend the startup date slightly beyond that date to provide a reasonable opportunity for full introduction of the new service proposed without the risk of losing frequencies. Should Delta need an extension beyond December 14, 2006, it will need to request such an extension formally.

We received multiple offers from six suppliers: American Airlines, Continental Airlines, Delta Airlines, Northwest Airlines, United Airlines, and US Airways. The evaluation scheme provided that price factors were slightly more important than the proposal-specific (technical) evaluation criteria in making the award decision. Discussions were held with several offerors to obtain clarification regarding factors such as delivery times, frequency of service, past performance, price, and routing schedules. Award was based on best value offers that met the USPS daily service requirement using a price and technical evaluation tradeoff process.

Delta hereby moves for an extension of the temporary dormancy waiver applicable to the New York/Newark-Cozumel route. On January 11, 2006, the Department granted Delta a dormancy waiver for certain U.S.-Mexico routes due to the impact of Hurricane Wilma, including, inter alia, New York/Newark-Cozumel. Delta anticipates that it will restore most of its Cancun services in June, 2006.

However, Cozumel is a smaller market and many of its hotels are still under construction. In light of the market conditions and ongoing recovery efforts, Delta has decided to defer implementation of its planned JFK-Cozumel service until December 16, 2006. Accordingly, Delta requests an extension of its dormancy waiver to run from that date.

We will require the carrier to institute service no later than December 16, 2006.

Delta hereby submits this motion to withhold from public disclosure certain information contained in Comair's Form 41, Schedule B-43, Inventory of Airframes and Aircraft Engines, for the year ended December 31, 2005.

Delta plans to commence Atlanta- Leon/Guanajuato service on or about December 1, 2006, by displaying its "DL" designator code on new nonstop "Delta Connection" flights operated by Atlantic Southeast Airlines, Inc. ASA's proposed new flights will operate year-round on a daily basis, using 70-seat CRJ-700 aircraft. In order to allow Delta to engage in essential advance marketing efforts, Delta requests that its exemption authority to serve this route be issued as soon as possible.

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Aruba, directly, via intermediate points, and beyond, and to integrate this authority with its existing exemption and certificate authority.

In the present application, Delta references a pending application for corresponding certificate authority in Docket OST-1999-6246. We will handle the certificate request separately.

The carrier’s request for route integration authority has been superseded by Order 2006-1-1, where the Department awarded the carrier a blanket route integration certificate.

Delta hereby applies under 49 U.S.C. § 40109 for renewal of exemptions authorizing Delta to continue to provide scheduled foreign air transportation of persons, property, and mail on the U.S.-Mexico routes identified in Exhibit A. This renewal application encompasses multiple docketed exemptions that Delta relies upon to provide nonstop U.S.-Mexico services either with its own aircraft or pursuant to a codeshare arrangement with Aerovias de Mexico, S.A. de C.V. Delta requests that these exemptions be renewed for a period of at least two years, with a common expiration date, or until 90 days after the Department's final determination on Delta's application for amended certificate authority as it pertains to each of the routes identified herein, filed on November 30, 2004 and supplemented on October 17, 2005 in Docket OST-1999-6275, whichever occurs earlier. The establishment of a common renewal date will promote administrative efficiency and reduce the burden on Delta and the Department in maintaining these multiple and non-controversial U.S.-Mexico exemption authorities.

Delta hereby applies for renewal of its exemption under 49 U.S.C. § 40109 authorizing Delta to provide scheduled foreign air transportation of persons, property, and mail between Boston, Massachusetts, and London (Gatwick), England. Delta's Boston-Gatwick exemption was most recently renewed by Notice of Action Taken dated July 13, 2004, and is set to expire on July 13, 2006. Delta requests that this authority be renewed for an additional period of at least two years, or until 90 days after the Department's final determination on Delta's application for Boston-London certificate authority pending in Docket OST-2000-7923, whichever occurs earlier.

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Leon/Guanajuato, Mexico. Delta states that it requests this authority so that Delta can place its “DL” designator code on nonstop “Delta Connection” flights to be operated by Atlantic Southeast Airlines, Inc. in the market beginning December 1, 2006. Delta further states that these flights will be operated on a year-round basis, using 70-seat CRJ-700 aircraft.

Delta hereby applies for renewal of its certificate of public convenience and necessity for Route 585, which authorizes Delta to engage in scheduled foreign air transportation of persons, property and mail between the terminal point Los Angeles, California, and the terminal point Tokyo, Japan. This certificate was last reissued and renewed by Order 2001-12-8, and is set to expire on December 10, 2006. Delta requests that the certificate be renewed for a period of at least five additional years.

Although Delta no longer provides service on the Los Angeles-Tokyo route using its own equipment, it has maintained nonstop service on a codeshare basis in conjunction with its SkyTeam partners Korean Air Lines Co., Ltd. and Northwest Airlines, Inc., offering double-daily service. Delta seeks the flexibility to reinstate service with its own aircraft as market circumstances warrant, subject to applicable frequency restrictions and awards.

Delta has announced a major expansion of its services between Los Angeles and Mexico that will dramatically improve the quality and convenience of air transportation for U.S.-Mexico travelers on the West Coast. (OST-2006‑24984) As part of this initiative, Delta hereby applies for an exemption authorizing Delta to provide scheduled foreign air transportation of persons, property and mail between Los Angeles, California and Acapulco, Mexico. Delta requests that such authority remain in effect for a period of at least two years, or until 90 days after final Department action on an application of Delta for Los Angeles-Acapulco certificate authority, whichever occurs earlier.

Delta plans to commence year-round service on the Los Angeles-Acapulco route on or about December 2, 2006. Delta's service will initially operate on Saturdays only, using Boeing 737-800 aircraft with 16 premium and 134 coach seats. In order to allow Delta to engage in essential advance marketing efforts, Delta requests that its exemption authority be issued as soon as possible. Delta will conduct a poll of the U.S. carrier representatives listed on the attached service list and will promptly advise the Department of the results of that poll.

The Los Angeles-Acapulco service will also complement, and build upon the success of, Delta's new and proposed nonstop services between Los Angeles and multiple points in Mexico -- including Cancun, Culiacan, Hermosillo, Ixtapa/Zihuatanejo, La Paz, Loreto, Los Mochis, Manzanillo, Mazatlan, Torreon, and Zacatecas. See Dockets OST-2005-22415, OST-2005-22620 and OST-2006-24984.

Approval of the requested exemption is consistent with the U.S.-Mexico Air Transport Services Agreement, as amended. Three carriers of each country may be designated to provide nonstop service between any given U.S. gateway and Acapulco. There is currently only one U.S. carrier providing nonstop Los Angeles-Acapulco service, meaning two designation opportunities are available.

We have polled the U.S. carrier representatives served with the above-referenced application, and no carrier has objected to Delta's request for exemption authority. Delta urges that the exemption be granted as soon as possible.

Counsel: Hogan & Hartson, Jonathan Echmalian, 202-637-5439, jechmalian@hhlaw.com

Scheduled foreign air transportation of persons, property, and mail between Los Angeles, California, and Acapulco, Mexico. Delta plans to commence year-round service on the route, beginning December 2, 2006.

Delta Air Lines, Inc. holds exemptions in Dockets OST-2002-13400 and OST-2004-19436 for codesharing service on San Diego-Mazatlan and Washington, D.C.-Mexico City flights operated by Aerovias de Mexico, S.A. de C.V, and applied for renewal of such exemption authority in a consolidated application dated April 27, 2006.

Delta withdraws, and moves for dismissal of, the April 27, 2006 renewal application insofar as it relates to these exemptions in Dockets OST-2002-13400 and OST-2004-19436. The exemptions to serve the other routes identified in that application should be renewed.

We have polled the US carrier representatives served with the above-referenced application, and no carrier has objected to Delta's request for exemption authority. Delta urges that the exemption be granted as soon as possible.

Counsel: Hogan & Hartson, Jonathan Echmalian, 202-637-5439, jechmalian@hhlaw.com

OST-2003-16507 - Violations of 14 CFR Part 382 and 49 USC 41310, 41702, 41705 and 41712

Delta hereby files this motion, pursuant to 14 C.F.R. § 302.419, requesting that the Department amend DOT Order 2003-11-4, served November 10, 2003. Specifically, Delta asks the Department to amend Condition 9(c) of the Consent Order to provide for an overall reduction of the disability complaint rate from 2002 to 2004 rather than a stepped reduction, by revising Condition 9(c) to read as follows:

The amendment requested is fully consistent with the spirit and the underlying objectives of Condition 9(c) of the Consent Order. It accounts for the fact that Delta surpassed the 2003-2004 and 2002-2004 wheelchair complaint rate reduction targets as a result of actions directly related to the Consent Order, and therefore it appropriately focuses on Delta's record of surpassing the Department's overall complaint rate reduction target for the entire 2002-2004 period, rather than on statistics which included a period of time prior to the issuance of the Consent Order.

Scheduled foreign air transportation of persons, property, and mail between Orlando, Florida, and Mexico City, Mexico, and between Salt Lake City, Utah, and Mexico City, Mexico.

Delta currently holds authority to serve these two city-pair markets on a code-share basis with Aerovias de Mexico, S.A. de C.V., whereby Delta places its code on Aeromexico flights. Delta states that it intends to commence year-round service using its own aircraft.

The applicant has requested a shortened answer period. We are acting on Delta’s application prior to the expiration of the 15-day answer period with consent of all parties served.

Delta hereby applies for renewal of its authority to engage in scheduled foreign air transportation of persons, property and mail between the terminal point Atlanta, Georgia, and the coterminal points Madrid, Barcelona, Malaga and Palma de Mallorca, Spain, which are foreign points named on segment 5 of Delta's Certificate of Public Convenience and Necessity for Route 178. This segment was added to Delta's certificate for Route 178 by Order 1991-10-54, and the authority to serve these points in Spain on segment 5 was most recently renewed by Certificate Amendment issued by Order 2002-2-1, for five years, expiring January 31, 2007. Delta requests indefinite renewal, particularly if other U.S. carriers and foreign carriers are granted comparable U.S.-Spain certificate/permit authority for an indefinite period. (See, e.g., Air Comet S.A. d/b/a Air Plus Comet, Order 2006-7-22, tentatively granting a foreign air carrier permit for New York-Spain scheduled flights and U.S.-Spain charter flights indefinitely.) In any event, the certificate authority should be renewed for a period of no less than five additional years.

Segment 5 of Route 178 authorizes Delta to provide its Atlanta-Spain services via the intermediate points of the Azores and Lisbon, Portugal. The authority to serve Portugal on this segment, however, is not subject to an expiration date.

Delta hereby applies for renewal of its authority to provide foreign air transportation of persons, property and mail between points in the United States and Athens, Greece, which is listed on segments 3 and 9 of Delta's Certificate of Public Convenience and Necessity for Route 616. This authority was first issued to Delta by Order 1991-10-33, and was most recently renewed by Certificate Amendment issued by Order 2002-2-1 for five years. Pursuant to Condition (11) of Delta's certificate, as amended, the authority to serve Athens, Greece under segments 3 and 9 will expire on January 31, 2007. This certificate authority should be renewed for a period of at least five additional years.

OST-2003-16507 - Violations of 14 CFR Part 382 and 49 USC 41310, 41702, 41705 and 41712

The Aviation Enforcement Office does not oppose Delta's motion to amend the consent order. Although Delta did not achieve a wheelchair-related complaint rate reduction of 20 percent for the 2002-2003 period as required under paragraph 9(c) of the consent order, we believe Delta has met the intent of that provision which was for the carrier to reduce the rate of complaints that the Department received alleging inadequate enplaning, deplaning, or connecting wheelchair assistance by 32 percent for the 2002-2004 period. As Delta points out in its motion, from calendar years 2002 to 2004 it reduced the rate of complaints that the Department received by 35 percent, a cumulative total greater than the 32 percent overall wheelchair-related complaint rate reduction envisioned by paragraph 9(c) of the consent order. Moreover, we have found that the reduction in wheelchair-related complaint rate from 2002 to 2004 is not a statistical anomaly as the rate of complaints that the Department has received alleging that Delta provided inadequate enplaning, deplaning, and connecting wheelchair assistance has reduced continuously through 2006. Therefore, the Aviation Enforcement Office does not oppose Delta's motion to amend the terms of the consent order as requested to permit Delta to benefit from the forgiveness provision contained in paragraph 9(c) of the consent order.

Delta originally applied for U.S.‑Indonesia exemption authority to introduce third‑country codeshare service to Jakarta on flights operated by China Airlines, Ltd., via Taipei, and to introduce other codesharing and direct services to points in Indonesia in the future. Although authority to offer service to Jakarta in conjunction with CI is now subsumed within Delta's blanket third‑country codesharing exemption, Delta seeks to renew its U.S.‑Indonesia exemption so that Delta is able to introduce additional codesharing service (subject to approvals of necessary statements of authorization) or new direct service to points in Indonesia as market conditions warrant.

Delta requests renewal for a period of at least two additional years, or until 90 days after the Department's final determination on Delta's U.S.-Indonesia certificate application pending in Docket OST-1999-6246, whichever occurs earlier. Delta does not require specific renewal of the route integration authorized under this exemption because a broad route integration certificate was awarded to Delta by Order 2006-1-1.

For all of the captioned applications, Delta requests that all of the authorities be renewed for a period of two years with a common expiration date.

By letter dated July 14, 2006. Delta withdrew, and moved lor dismissal of. its renewal application with respect to authority it holds under Dockets OST-2002-13400 and OST-2004-19436. Our action here grants the carrier's request.

Delta hereby submits this motion to withhold from public disclosure certain information contained in Delta’s Form 41, Schedule B-7, Airframe and Aircraft Engine Acquisitions and Retirements report, for the quarter ended June 30, 2006, submitted herewith under seal pursuant to Rule 12 of the Department’s Rules of Practice in Proceedings.

After reviewing Delta's motion, we have determined that its improved performance in reducing its rate of wheelchair complaints is not a statistical anomaly but a consistent reduction in line with the intent of the consent order and the offset provision. We will therefore amend Order 2003-11-4 to permit the requested reduction of Delta's civil penalty obligation.

On July 21, 2006, Delta Air Lines, Inc. filed a motion under 14 CFR 302.419 to amend Order 2003-11-4, by retroactively revising the criteria under which a $50,000 civil penalty amount was to be paid. Specifically, it requested that an annual complaint rate reduction test over two years be modified to a single equivalent rate for the entire period, a change which would allow Delta to meet the reduction criteria and avoid assessment of the penalty. In a response, the Department’s Aviation Enforcement Office conceded that it was virtually impossible for Delta to literally comply with the rate reduction target for the first of the two years (2002-2003) and stated that Delta’s remedial actions met the overall performance objectives of Order 2003-11-4. We agree, and so will grant Delta’s request.

OST-2005-22243 - Exemption - New York/Newark-Cozumel
OST-2005-22620 - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun

Pursuant to the dormancy notice condition attached to its exemption authority in Notice of Action Taken, October 5, 2005, Docket 2005-22243, Delta Air Lines, Inc. hereby informs the Department that it will be discontinuing its JFK-Cozumel service as of February 24, 2007.

In addition, Delta plans to transition its Atlanta-Ixtapa/Zihuatanejo service to a "winter season" service, in lieu of year-round.

By this order, we grant the joint petition filed by Atlantic Southeast Airlines, Inc., and Delta Air Lines, Inc., in Docket OST-2006-24984, and the petition filed by Northwest Airlines, Inc., in Docket OST-2006-25251, for limited review of staff action with respect to certain startup conditions imposed on certain of the carriers' U.S.-Mexico route authority; and, on review, we grant in substantial part the relief requested.

Delta hereby moves for a nominal, one-week extension, through December 23, 2006, of the temporary dormancy waiver applicable to Delta's New York/Newark- Cozumel exemption authority. On March 29, 2006, the Department granted Delta a dormancy waiver for this route through December 16, 2006, requiring Delta to institute service no later than that date. Although Delta had intended to institute Saturday-only service on December 16, Delta has since adjusted its December schedules, and now intends to commence New York-Cozumel service one week later, on December 23.

Delta plans to operate only a limited number of flights on this route during the peak winter travel period, through February 23, 2007. Pursuant to its letter to Paul Gretch dated October 17, 2006, filed in Docket OST-2005-22243, Delta advised the Department it intends to relinquish its New York-Cozumel designation effective February 24, 2007. That intention has not changed.

We have polled the U.S. carrier representatives served with the above-referenced motion, and no carrier has objected to Delta's request for a one-week extension of its dormancy waiver. Delta requests that the extension be granted as soon as possible.

Counsel: Hogan & Hartson, Jonathan Echmalian, 202-637-5439, jechmalian@hhlaw.com

We will require the carrier to institute service no later than December 23, 2006.

We acted on this application without awaiting expirations of the 7-day answer period with the consent of all parties served with the application.

Delta Air Lines, Inc. hereby applies for renewal of an exemption authorizing Delta to continue to provide scheduled foreign air transportation of persons, property, and mail between the United States and points worldwide on a third-country codeshare basis pursuant to blanket codesharing statements of authorization approved by the Department. This authority was initially granted by Notice of Action Taken dated March 1, 2005, for a two-year period expiring March 1, 2007. Amended exemptions were subsequently granted by Notices of Action Taken dated February 6, 2006, and May 1, 2006, expiring February 6, 2008 (Docket OST-2005-20145). Delta requests coextensive renewal of such authority for a period of at least two additional years.

Delta does not require specific renewal of the route integration authorized under this exemption because a broad route integration certificate was awarded to Delta by Order 2006-1-1.

Counsel: Hogan & Hartson, Jonathan Echmalian, 202-637-5439, jechmalian@hhlaw.com

Scheduled foreign air transportation of persons, property, and mail between Salt Lake City, Utah, and Mazatlan, Mexico, with its own aircraft.

Delta states that it intends to replace Shuttle America, a Delta connection carrier, on the Salt Lake city-Mazatlan route beginning as early as March 1, 2007, and until such time as SkyWest Airlines is authorized by the Mexican Government to operate on this route. Delta further states that Shuttle America will surrender its designation once Delta no longer requires it to operate Delta connection flights on this route.

Delta holds exemption authority for the Salt Lake City-Mazatlan route on a code-share basis only (see Notice of Action Taken dated September 14, 2005, in Docket OST-2005-21724). On November 21, 2006, the Department granted SkyWest's request for a dormancy waiver for the Salt Lake City-Mazatlan market (see Departmental Action in Docket OST-2006-25495). SkyWest plans to operate Delta Connection service.