OST-1997-2653 - Delta Air Lines and China Southern

OST-1997-2653

http://www.delta.com/

Delta Air Lines, Inc. and China Southern Airlines Company Limited (Los Angeles-Guangzhou / Statement of Authorization)

OST-1997-2653 - Delta - US-China Codeshare with China Southern (Los Angeles-Guangzhou) | Undocketed | June 26, 1997

Joint application for an Exemption and Statements of Authorization

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China Southern will operate four weekly nonstop Los Angeles-Guangzhou flights using Boeing 777-200 aircraft. Delta plans to offer Los Angeles-Guangzhou service by listing its "DL" designator on China Southern's flights. Under the terms of the code-share/blocked-space agreement, China Southern will provide Delta a certain number of seats for independent marketing and sale by Delta.

Answers are due by July 11, 1997

Service List

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060 as Special Counsel for China Southern / Delta and Shaw Pittman, Robert Cohn, 202-663-8060

OST-97-2653

Filed June 26, 1997
Supplemented January 6, 1999
Issued January 21, 1999

Notice of Action Taken

US-China Codeshare

Exemption under 49 U.S.C. 40109 for Delta to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between Los Angeles, California, and Guangzhou, China, and to integrate this authority with its existing certificate and exemption authority, consistent with applicable international agreements. Delta intends to operate this service under a code-share/blocked space agreement with China Southern on flights operated by China Southern. Delta has requested the authority for a period of two years.

Statement of Authorization under 14 CFR Part 212 for China Southern to:

Display Delta's "DL" designator code on flights operated by China Southern between Los Angeles, California, and Guangzhou, China.

By: Paul Gretch

OST-97-2653	November 9, 2000	Application for Renewal of Exemption	Los Angeles- Guangzhou, China
		Service List

Renewal of Delta's Los Angeles-Guangzhou exemption authority is in the public interest. Pursuant to this exemption authority, Delta provides the only nonstop U.S.-flag service on the Los Angeles-Guangzhou route by displaying its "DL" designator codes on flights operated by China Southern. Delta's service will continue to provide substantial service and competitive benefits to travelers and shippers seeking air transportation between the United States and China.

Counsel: Shaw Pittman, Alexander Van der Bellen, 202.663.8060

OST-97-2653

Filed November 9, 2000
Issued December 4, 2000

Notice of Action Taken

Los Angeles- Guangzhou, China

Scheduled foreign air transportation of persons, property, and mail between Los Angeles, California, and Guangzhou, China. Delta plans to operate this service under a code-share arrangement with China Southern Airlines.' Delta further requests renewal of its authority to combine service on this route with all other existing certificates and exemptions granted to Delta by the Department, to the extent permitted by international agreements.

By: Paul Gretch

OST-97-2653 OST-01-9314 OST-01-10172	October 1, 2002	Application for Renewal of Exemptions	US-China Codeshare
		Service List

Delta provides service between the United States and the People's Republic of China pursuant to a codeshare arrangement with China Southern Airlines Limited . Delta's Los Angeles-Guangzhou exemption authority was most recently granted by Notice of Action Taken dated December 4, 2000, and is set to expire on December 4, 2002. Delta's exemption authority to serve nine additional points within the People's Republic of China on a codeshare basis with China Southern was granted by Order 20017-10 (Docket OST-2001-9314), Order 2001-8-16 (Docket OST-2001-10172), and Notice of Action Taken dated August 23, 2001 (Docket OST-2001-10172), all set to expire on July 17, 2003. For administrative convenience, Delta requests that all of its U.S.-People's Republic of China exemption authority be renewed for a coextensive period of at least two additional years.

Delta provides the only nonstop U.S.-flag service on the Los Angeles-Guangzhou route and serves multiple points within China beyond Guangzhou by displaying its "DL" designator code on flights operated by China Southern.

Counsel: Shaw Pittman, Robert Cohn, 202 663-8060

OST-01-10172
OST-97-2653
OST-01-9314

Filed October 2, 2004 | Issued November 6, 2002

Notice of Action Taken

By: Paul Gretch

OST-97-2653 - US-China Codeshare with China Southern (Los Angeles-Guangzhou)
OST-98-3846 - US-Africa Third-Country Codeshare with Air France
OST-98-4296 - US-Cotonou, Benin
OST-98-4355 - US-Japan Codeshare
OST-99-5391 - US-UK Scheduled Passenger / Codeshare with Air France
OST-99-5459 - US-Baku, Azerbaijan; Tashkent, Uzbekistan Codeshare with Austrian
OST-99-5594 - US-Tibilisi, Georgia Codeshare with Austrian
OST-00-7738 - US-Morocco Codeshare with Royal Air Maroc
OST-00-8226 - US-Cyprus Codeshare with Czech Airways
OST-01-9314 - US-China Codeshare with China Southern
OST-01-10172 - 2001 China Codeshare Points
OST-02-13662 - US-New Zealand Codeshare with Korean Air Lines
OST-02-13832 - US-Nigeria Codeshare with Air France
OST-02-13842 - US-Malaysia Third-Country Codeshare with Korean Air Lines

June 7, 2004

Application for Renewal of Exemptions

Hereby applies under 49 U.S.C. § 40109 for renewal of Delta's exemption authorities to engage in scheduled foreign air transportation of persons, property, and mail between the United States and each of the points identified in Exhibit A. Delta also requests continuation of its authority to combine services operated under these exemptions with all other Delta services authorized by its existing certificates and exemptions, to the extent permitted by applicable international agreements.

Pursuant to these exemptions, Delta provides bilateral, third-country and intra-country codeshare service between the United States and numerous foreign points in conjunction with SkyTeam alliance partners Societe Air France, Alitalia-Linee Aeree Italiane- S.p. A., Czech Airlines, and Korean Air Lines Co., Ltd., and codeshare partners Royal Air Maroc, China Southern Airlines Company Limited, and Jersey European Airways (UK) Limited, trading as FlyBE.

In addition, on May 11, 2000, Delta filed a renewal application for its exemption authority to serve additional points in Europe, Africa and Asia on a third-country codeshare basis (Dockets OST-96-1598 and OST-96-1510); on June 20, 2003, Delta filed a renewal application for its exemption authority to serve Vietnam on a third-country codeshare basis (Docket OST-2000-7078); and on October 14, 2003, Delta filed a renewal application for its exemption authority to serve Portugal (Docket OST-99-6721). These applications remain pending. Delta urges the Department to grant renewal of these applications concurrently and coextensively with the authority requested herein, for the same administrative efficiency reasons.

Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060

OST-1997-2653 - Delta - US-China Codeshare with China Southern (Los Angeles-Guangzhou)
OST-1999-5031 - China Southern - China-US Codeshare/Blocked Space Agreement with Delta Air Lines
OST-2001-9314 - US-China Codeshare with China Southern
OST-2001-10172 - 2001 China Codeshare Points

December 22, 2005

Joint Application for Amended Statements of Authorization and Exemptions

Delta Air Lines, Inc. and China Southern Airlines Company Limited hereby apply for amended statements of authorization under 14 C.F.R. Part 212 and exemptions under 49 U.S.C. § 40109(c) to permit the Joint Applicants to engage in reciprocal codesharing services to the full extent permitted by the U.S.-China Protocol signed on July 24, 2004. The Joint Applicants are requesting this authority to introduce certain new intra-U.S. codesharing as soon as possible and other codesharing in the future subject to the Department's standard codesharing conditions and advance notice requirements.

The Joint Applicants request that this application be approved as soon as possible, that the amended statements of authorization remain in effect indefinitely, and that the amended exemptions remain in effect for a period of at least two years.

Upon approval of this application, the Joint Applicants plan to offer China Southern "CZ*" coded service on flights operated by Delta between Los Angeles and the following U.S. points: Cincinnati (CVG), Ft. Lauderdale (FLL), Hartford (BDL), Orlando (MCO), Salt Lake City (SLC) and Tampa (TPA). The Joint Applicants also plan to maintain their existing and previously approved codeshare services, which would be subsumed within the Department's approval of this application. Before introducing additional codesharing services, the Joint Applicants would comply with the Department's standard 30-day notice requirement.

Counsel: Delta - Hogan & Hartson, Robert Cohn, 202-637-4999 / China Southern - Hogan & Hartson, George Carneal, 202-637-6546

Filed December 22, 2005 | Issued April 10, 2006

Notice of Action Taken

Amendment to Delta's existing exemption authority pursuant to 49 U.S.C. §40109 to permit Delta to provide the following service: Scheduled foreign air transportation of persons, property, and mail between the United States and China on a code-share basis with China Southern, and to combine this authority with Delta’s existing certificate and exemption authority, to the extent permitted by international agreements.

Amendment to China Southern's existing exemption authority pursuant to 49 U.S.C. §40109 to permit China Southern to provide the following service: Scheduled foreign air transportation of persons, property, and mail between the United States and China on a code-share basis with Delta, including the authority to coterminalize its U.S. points.

Amendment to Delta's existing Statement of Authorization under 14 CFR Part 212 to permit Delta to: Display China Southern’s designator code on flights operated by Delta between China Southern’s authorized U.S. gateways and points within the United States. Upon approval of this application, the joint applicants plan to offer China Southern “CZ*” coded service on flights operated by Delta between Los Angeles, on the one hand, and Cincinnati, Fort Lauderdale, Hartford, Orlando, Salt Lake City, and Tampa on the other hand. The joint applicants also plan to maintain their existing and previously approved code-share services.

Amendment to China Southern's existing Statement of Authorization under 14 CFR Part 212 to permit China Southern to: Display Delta’s designator code on flights operated by China Southern between the United States and China, and between Delta’s authorized Chinese gateways and points within China.

Delta’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.

By: Paul Gretch

OST-1997-2653 - Exemption and Statements of Authorization - US-China Codeshare with China Southern (Los Angeles-Guangzhou)
OST-2001-9314 - Exemption and Statements of Authorization - US-China Codeshare with China Southern
OST-2001-10172 - 2001 China Codeshare Points

February 6, 2008

Application for Renewal of Exemption Authority

Delta hereby applies for renewal of exemption authority under 49 U.S.C. § 40109 to authorize Delta to continue to provide scheduled foreign air transportation of persons, property, and mail between the United States and China on a codesharing basis with China Southern Airlines Company Limited. Delta's exemption for purposes of codesharing on flights operated by China Southern was last renewed and amended by Notice of Action Taken dated April 10, 2006 (Dockets DOT-OST-1997-2653, DOT-OST-2001-9314 and DOT-OST-2001-10172) for a two year period expiring April 10, 2008. Delta requests renewal of this exemption authority for an additional period of at least two years, or until 90 days after the Department's final determination on an application of Delta for comparable U.S.-China certificate authority.

Delta displays its designator code on flights operated by China Southern between the United States and China (currently, on the Los Angeles-Guangzhou routes) and between Delta's authorized Chinese gateways and points within China.

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

OST-1997-2653 - Delta - US-China Codeshare with China Southern (Los Angeles-Guangzhou)
OST-1999-5031 - China Southern - China-US Codeshare/Blocked Space Agreement with Delta Air Lines
OST-2001-9314 - Delta - US-China Codeshare with China Southern
OST-2001-10172 - 2001 China Codeshare Points

February 25, 2008

Joint Application for Amended Statements of Authorization and Exemptions

With this Joint Application, Delta and China Southern are seeking to expand further their codesharing authority to the fullest extent permitted under the current bilateral relationship and enhance their flexibility to offer codeshare services. In particular, the Joint Applicants are seeking authority to enable China Southern to place its "CZ*" code on U.S.-China flights operated by Delta, and to enable both carriers to add codesharing services to third-country points.

Upon approval of this Joint Application, the Joint Applicants plan to offer China Southern "CZ*"-coded service on Delta's forthcoming nonstop flights between Atlanta, Georgia, and Shanghai, China. Because Delta is scheduled to commence service on this route on March 30, 2008, the Joint Applicants urge approval of this Joint Application by March 3, 2008, to provide China Southern with ample opportunity to engage in advance sales activities. The Joint Applicants also plan to maintain their existing, previously-approved codeshare services.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546 for China Southern / Hogan & Hartson, Robert Cohn, 202-637-4999 for Delta

February 28, 2008

Re: Polling Results

We have polled the U.S. carrier representatives served with the above-referenced Joint Application dated February 25, 2008, and no carrier representative has objected to the relief sought therein. Accordingly, Delta Air Lines, Inc. and China Southern Airlines Company Limited respectfully urge that the requested authority be granted as soon as possible.

Counsel: Hogan & Hartson, Jonathan Echmalian, 2002-637-5439, jechmanlian@hhlaw.com

OST-1997-2653 - Delta - US-China Codeshare with China Southern (Los Angeles-Guangzhou)
OST-1999-5031 - China Southern - China-US Codeshare/Blocked Space Agreement with Delta Air Lines
OST-2001-9314 - Delta - US-China Codeshare with China Southern
OST-2001-10172 - 2001 China Codeshare Points

March 10, 2008

Notice of Additional Codesharing

Delta and China Southern Airlines Company Limited hereby notify the Department that, beginning no earlier than 30 days from the date ofthis notice, the Joint Applicants plan to add the following codesharing services:

The display of Delta's designator code on flights operated by China Southern between the gateways Delta serves in the People's Republic of China, on the one hand, and each of the following points within the People's Republic of China, on the other hand: (a) Guangzhou (CAN) (in addition to direct service); (b) Hangzhou (HGH); (c) Harbin (HRB); (d) Shanghai (PVG) (in addition to direct service); (e) Shenyang (SHE); (f) Xi An (XIY); and (g) each point within the People's Republic of China for which the Joint Applicants previously provided notice to the Department with respect to codesharing via Guangzhou.

The display of China Southern's designator code on flights operated by Delta between the gateways China Southern serves in the United States, on the one hand, and each of the following points within the United States, on the other hand: (a) Jacksonville (JAX); (b) Memphis (MEM) and (c) each point within the United States for which the Joint Applicants previously provided notice to the Department with respect to codesharing via Los Angeles.

Currently, the gateways Delta serves in the People's Republic of China are Guangzhou (on a codeshare basis with China Southern) and Shanghai (effective on or about March 30, 2008). Delta intends to offer codesharing service in conjunction with China Southern to the additional and existing Chinese points identified in this notice via either or both of these gateways, and/or via any or all Chinese gateways Delta is authorized to serve in the future.

Currently, the gateways China Southern serves in the United States are Los Angeles and, upon approval of the Joint Applicants' application in the captioned dockets dated February 25, 2008, but no earlier than March 30, 2008, Atlanta. China Southern is also authorized to serve the New York/Newark gateway pursuant to a codesharing arrangement with Continental Airlines, Inc. China Southern intends to offer codesharing service in conjunction with Delta to the additional and existing U.S. points identified in this notice via any or all of these gateways, and/or via any or all U.S. gateways China Southern is authorized to serve in the future.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546 for China Southern / Hogan & Hartson, Robert Cohn, 202-637-4999 for Delta

OST-1997-2653 - Delta - US-China Codeshare with China Southern (Los Angeles-Guangzhou)
OST-1999-5031 - China Southern - China-US Codeshare/Blocked Space Agreement with Delta Air Lines
OST-2001-9314 - Delta - US-China Codeshare with China Southern
OST-2001-10172 - 2001 China Codeshare Points

Filed February 6 and February 25, 2008 | Issued March 11, 2008

Notice of Action Taken | Word

Renewal of scheduled foreign air transportation of persons, property, and mail between the United States and China via intermediate points and beyond on a code-share basis.

Delta currently holds exemption authority to serve between the United States and China. Delta currently operates these services on a code-share basis with China Southern. The instant request seeks renewal of that authority and amended authority to serve via intermediate and beyond points.

Amending scheduled foreign air transportation of persons, property, and mail between China and the United States (including the authority to coterminalize U.S. points) on a code-share basis, via intermediate points and beyond.

China Southern currently holds exemption authority to serve between China and the United States (including the authority to coterminalize U.S. points). See Notice of Action Taken, dated November 20, 2007, in Docket OST-1999-5031. The instant request seeks amended authority to serve via intermediate points and beyond.

Amending statement of authorization to display China Southern’s “CZ*” designator code on flights operated by Delta (i) between the United States and China, via intermediate points and beyond, and (ii) between the United States and third countries.

Delta’s existing statement of authorization permits China Southern’s designator code to be displayed on Delta-operated flights between China Southern’s U.S. gateways and points within the United States. This authority will remain in effect. See Notice of Action Taken, dated April 10, 2006, in the instant dockets.

Amending statement of authorization to display Delta’s “DL*” designator code on flights operated by China Southern (i) between China and the United States, via intermediate points and beyond, and (ii) between China and third countries.

China Southern’s existing statement of authorization permits Delta’s designator code to be displayed on China Southern-operated flights between China and the United States and between Delta’s Chinese gateways and points within China. This authority will remain in effect. See Notice of Action Taken, dated April 10, 2006, in the instant dockets.

By: Paul Gretch