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OST-1997-3051

http://www.delta.com/

Delta Air Lines, Inc. and Air Jamaica Limited

OST-1997-3051 - Exemption - Atlanta-St. Lucia
Undocketed

October 24, 1997

Joint Application

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Air Jamaica plans to begin placing its code on Delta flights effective January 15, 1998, and Delta plans to begin placing its code on Air Jamaica flights effective March 28, 1998.

Answers are due by November 12, 1997

Service List

Counsel: Hogan Hartson, George Carneal, 202-637-6546 / Delta and Shaw Pittman, Robert Cohn, 202-663-8060

October 29, 1997

Re: Corrected Copy of Page 2 of the Joint Application

Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8000, sascha_van_der_bellen@shawpittman.com

OST-97-3051 | Undocketed | November 13, 1997

Re: Joint Applicaiton

Pursuant to your conversation with George Carneal, this letter will confirm that in accordance with the Code-Sharing/Blocked Space Agreement, filed in the above-referenced docket on November 3, 1997, whereby Delta will purchase a block of seats on certain Air Jamaica flights, Air Jamaica is requesting a Statement of Authorization allowing it to display Delta's "DL" code on flights between Miami- Kingston and Miami-Montego Bay.

Counsel: Hogan Hartson, Lisa Harig, 202-637-5600

OST-97-3051 and Undocketed

Notice of Action Taken

Scheduled foreign air transportation of persons, property, and mail between Atlanta, New York, and Miami, on the one hand, and Antigua and St. Lucia, on the other. Delta requests authority to integrate this exemption with all of Delta's existing certificate and exemption authority, consistent with international agreements. Delta intends to operate this service under a code-share arrangement with Air Jamaica Limited on fUghts operated by Air Jamaica.

We dismissed Delta's application to the extent that it requested authority for a two-year period. It is our standard practice to grant such initial applications for a period of one year, and we followed that policy here. Our dismissal is without prejudice to Delta's filing for renewal of the authority at the appropriate time.

Counsel: Robert Cohn, 202-663-8060

The bilateral agreements with Jamaica, Barbados, Antigua and St. Lucia do not specifically provide for code-share services. However, renewal of the requested Statements of Authorization is consistent with the overall aviation relationship between the United States and each of these countries, and is supported by comity and reciprocity.

Counsel:  Hogan & Hartson L.L.P., George Carneal for Air Jamaica, Ltd., 202.637.6546 and Shaw Pittman, Robert Cohn for Delta, 202.663.8060

I hereby certify that a copy of the Joint Application of Delta Air Lines, Inc. and Air Jamaica Limited for Renewal, which was submitted to the Department on October 1, 1998, has been served today on Dennis N. Barnes, Counsel for Sun Country Airlines, at the following address:Morgan, Lewis & Bockius LLP 1800 M Street, N.W~ Washington, D.C. 20036-5869

Counsel:  Shaw Pittman, Robert Cohn, 202-663-8000

By: Paul Gretch

Letter from Delta Air Lines, Inc. and Air Jamaica Limited jointly notifying the Department that Delta will cease displaying the "JM" designator code of Air Jamaica on flights operated by Delta between Atlanta and San Francisco, effective January 15, 2001.

Counsel:  Hogan Hartson, George Carneal for Air Jamaica, 202.637.6546 and Shaw Pittman, Robert Cohn for Delta, 202.663.8060

On March 23, 2000, the Department renewed Air Jamaica's exemption authority to conduct scheduled foreign air transportation of persons, property, and mail between Kingston and Montego Bay, on the one hand, and Cincinnati and Memphis, on the other.

Counsel:  Hogan Hartson, George Carneal for Air Jamaica, 202.637.6546 

By Notice of Action Taken dated December 3, 1997 (Docket OST-97-3051), the Department issued a two-year exemption authorizing Delta to provide service between Atlanta, New York and Miami, on the one hand, and Antigua and St. Lucia, on the other, in conjunction with codeshare authority granted to Delta and Air Jamaica Limited ). This authority was renewed through March 23, 2002, by Notice of Action Taken dated March 23, 2000. In the meantime, by Notice of Action Taken dated June 18, 1999, the Department had expanded Delta's Antigua and St. Lucia authority to include service from Los Angeles, and had granted Delta a new exemption authorizing service between Atlanta, New York, Miami and Los Angeles, on the one hand, and Grenada, on the other hand. Absent renewal, such authority would expire on June 18, 2001. For administrative convenience, Delta is herein seeking coextensive renewal of its U.S.-Caribbean exemptions that authorize Delta to provide services on a codeshare basis with Air Jamaica.

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060, robert.cohn@shawpittman.com

Renew exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail between Montego Bay and Kingston, Jamaica on the one hand, and Cincinnati, Ohio, and Memphis, Tennessee, on the other hand. Air Jamaica intends to continue operating these services under a code-share arrangement with Delta Air Lines, Inc.

By:  Paul Gretch

Renew for two years exemptions under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between Atlanta, New York, and Miami, on the one hand, and Antigua and St. Lucia, on the other hand. Delta requests authority to continue to integrate this exemption with all of Delta's existing certificate and exemption authority. (Docket OST-97-3051)

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Los Angeles, New York, and Miami, on the one hand, and Grenada, on the other hand; and between Los Angeles, on the one hand, and Antigua and St. Lucia, on the other hand. Delta requests authority to continue to integrate this exemption with all of Delta's existing certificate and exemption authority. (Docket OST-99-5749)

Delta intends to operate these services under a code-share arrangement with Air Jamaica

By:  Paul Gretch

Air Jamaica Limited hereby applies for renewal of its exemption authority to engage in the scheduled foreign air transportation of persons, property, and mail between Kingston and Montego Bay, Jamaica, on the one hand, and Cincinnati, Ohio and Memphis, Tennessee, on the other. Notice of Action Taken in Docket OST-1997-3051, dated May 1, 2001. Air Jamaica currently plans to continue operating these Jamaica-Cincinnati and Jamaica-Memphis services under its code-share arrangement with Delta Air Lines, Inc.

Counsel:  Hogan Hartson, George Carneal, 202.637.6546 , gucarneal@hhlaw.com

Renew exemption to engage in scheduled foreign air transportation of persons, property and mail between Montego Bay and Kingston, Jamaica, on the one hand, and Cincinnati, Ohio, mid Memphis, Tennessee, on the other hand. Air Jamaica intends to continue operating these services under a code-share arrangement with Delta Air Lines, Inc.

By:  Paul Gretch

Delta Air Lines, Inc. hereby applies under 49 U.S.C. 40109 for renewal of exemption authority to allow Delta to continue to engage in scheduled foreign air transportation of persons, property and mail between the United States, on the one hand, and Grenada, Antigua, St. Lucia, and Belize, on the other hand, and to continue to combine service operated under these exemptions with all other Delta services authorized by existing certificates and exemptions granted by the Department, to the extent permitted by applicable international agreements. 

Delta is herein seeking renewal of these exemptions, which enable Delta to provide U.S.-Caribbean codeshare service in conjunction with Air Jamaica Limited.

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

Hereby applies for renewal of its exemption authority to conduct scheduled foreign air transportation of persons, property, and mail between Kingston and Montego Bay, Jamaica, on the one hand, and Cincinnati, Ohio and Memphis, Tennessee, on the other.  Air Jamaica currently plans to continue operating these Jamaica­Cincinnati and Jamaica-Memphis services under its code-share arrangement with Delta Air Lines, Inc.

Counsel:  Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com 

Scheduled foreign air transportation of persons, property, and mail between Atlanta, New York, and Miami, on the one hand, and Antigua and St. Lucia, on the other hand, and to integrate this authority with its existing certificate and exemption authority. (Docket OST-97-3051)

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Los Angeles, New York, and Miami, on the one hand, and Grenada, on the other hand; and between Los Angeles, on the one hand, and Antigua and St. Lucia, on the other hand, and to integrate this authority with its existing certificate and exemption authority. (Docket OST-99-5749)

Scheduled foreign air transportation of persons, property, and mail between the United States and Belize, and to integrate this authority with its existing certificate and exemption authority. (Docket OST-99-5749)

By: Paul Gretch

Filed March 31, 2003 | Issued May 15, 2003

Notice of Action Taken

Renew exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail between Montego Bay and Kingston, Jamaica, on the one hand, and Cincinnati, Ohio, and Memphis, Tennessee, on the other hand. Air Jamaica intends to continue operating these services under a code-share arrangement with Delta Air Lines, Inc.

By: Paul Gretch

December 8, 2003

Application for an Amended Exemption

Hereby applies for an amended exemption authorizing Delta to provide scheduled foreign air transportation of persons, property and mail between Atlanta and St. Lucia. Delta plans to begin operating its proposed new nonstop service on or about April 1, 2004. Delta currently holds exemption authority to serve St. Lucia on a codeshare basis with Air Jamaica. See, NOAT dated April 17, 2003 in this docket. Delta is filing the instant application so that Delta may also provide nonstop service from Atlanta utilizing its own Boeing 737-800 aircraft. No changes are planned to the existing codeshare operation.

Delta requests that this exemption authority remain in effect through April 17, 2005 (concurrent with Delta's existing St. Lucia codeshare exemption authority), or until 90 days after final action is taken on Delta's pending request for St. Lucia certificate authority in Docket OST-99-6246, whichever occurs first. Delta also requests route integration authority to permit Delta to combine Atlanta-St. Lucia service with all other Delta services authorized by its existing certificates and exemptions, to the extent permitted by applicable international agreements.

Counsel: Shaw Pittman, Alexandra Van der Bellen, 202-663-8060

Filed December 8, 2003 | Issued December 16, 2003

Notice of Action Taken

Amend its exemption authority to provide the following service: Scheduled foreign air transportation of property and mail between Atlanta, Georgia, and St. Lucia. Delta states that it holds exemption authority to serve St. Lucia on a code-share basis with Air Jamaica. Delta states that it is filing this amendment so that Delta may also provide nonstop service from Atlanta using its own Boeing 737-800 aircraft, beginning on or about April 1, 2004. Delta requests that this exemption authority remain in effect through April 17, 2005 (concurrent with Delta's existing St. Lucia code-share exemption authority), or until 90 days after final action is taken on Delta's pending request for St. Lucia certificate authority in Docket OST-99-6246, whichever occurs first. Delta also requests route integration authority to permit Delta to combine Atlanta-St. Lucia service with all other Delta services authorized by its existing certificates and exemptions, to the extent permitted by applicable international agreements. Delta further states that no changes are planned to the existing code-share operation.

By: Paul Gretch

OST-97-3051 - Atlanta-St. Lucia
OST-99-5749 - US-Grenada/Antigua/St. Lucia/Belize

February 8, 2005

Application for Renewal of Exemptions

By Notice of Action Taken dated April 17, 2003 (Dockets OST-97-3051 and OST-99-5749), the Department renewed exemptions authorizing Delta to provide service between Atlanta, Los Angeles, New York and Miami, on the one hand, and Grenada, Antigua and St. Lucia, on the other; and between the United States and Belize. These exemptions have enabled Delta to provide U.S.-Caribbean codeshare service in conjunction with Air Jamaica Limited.

Subsequently, by Notice of Action Taken dated December 16, 2003 (Docket OST-97-3051), the Department amended Delta's U.S.-St. Lucia exemption authority to permit Delta to introduce nonstop Atlanta-St. Lucia service using its own aircraft. Similarly, by Notice of Action Taken dated June 18, 2004, the Department amended Delta's U.S.-Belize exemption authority to allow service using its aircraft, thereby allowing Delta initially to offer nonstop Atlanta-Belize City service.

These exemptions have enabled Delta to provide service to four Caribbean destinations that otherwise receive only very limited service, initially on a codeshare‑only basis. Delta subsequently introduced nonstop service between its Atlanta hub and St. Lucia and, just recently, between Atlanta and Belize City, using its own aircraft. These Delta services increase competition and provide consumers with additional convenient options for travel between the United States and these popular tourist destinations in the Caribbean.

Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8342

July 15, 2005

Application for an Amended Exemption

Beginning on or about December 18, 2005, Delta plans to provide nonstop service between Atlanta and Antigua. Delta initially plans to operate two days a week (Sunday and Wednesday). Delta's current intention is to utilize Boeing 737-800 aircraft configured with 16 first and 132 coach seats.

Delta requests that this exemption authority remain in effect for a period of at least two years (concurrent with Delta's existing Antigua codeshare exemption authority), or until 90 days after final action is taken on Delta's pending request for Antigua and Barbuda certificate authority in Docket OST-99-6246, whichever occurs first. Delta also requests route integration authority to permit Delta to combine Atlanta-Antigua service with all other Delta services authorized by its existing certificates and exemptions, to the extent permitted by applicable international agreements.

Delta also holds an exemption to provide Newark-Antigua service on a codeshare basis with Continental Airlines, Inc. See Notice of Action Taken dated August 21, 2003 (Docket OST-2003-15504).

Counsel: Hogan & Hartson, Robert Cohn, 202.637.4999/8382, recohn@hhlaw.com

OST-1997-3051 - Atlanta-St. Lucia
OST-1999-5749 - US-Grenada/Antigua/St. Lucia/Belize

Filed February 8, 2005 | Amended July 15, 2005 | Issued August 31, 2005

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between Atlanta, New York, and Miami, on the one hand, and Antigua and St. Lucia, on the other hand, and to integrate this authority with its existing certificate and exemption authority. (Docket OST-1997-3051)

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Los Angeles, New York, and Miami, on the one hand, and Grenada, on the other hand; and between Los Angeles, on the one hand, and Antigua and St. Lucia, on the other hand, and to integrate this authority with its existing certificate and exemption authority. (Docket OST-1999-5749)

Amend exemption under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Antigua to be operated with Delta's own aircraft, and to integrate this authority with Delta's existing certificate and exemption authority. (Docket OST-1997-3051). Delta holds exemption authority to provide Atlanta-St. Lucia and U.S.-Belize service using its own aircraft. Delta currently holds exemption authority to serve Antigua on a code-share basis with Air Jamaica.

By: Paul Gretch

OST-1997-3051 - Exemption - Atlanta-Antigua/St. Lucia
OST-1999-5749 - Exemption - US-Belize

June 27, 2007

Application for Renewal of Exemptions

Hereby applies for renewal of exemptions under 49 U.S.C. § 40109 to authorize Delta to continue to provide scheduled foreign air transportation of persons, property, and mail between Atlanta, on the one hand, and Antigua and St. Lucia, on the other hand; and between the United States and Belize.

Delta requests further renewal of these exemptions, simultaneously with tentative approval of its applications for U.S.-Antigua and U.S.- St. Lucia certificate authority pending in Docket OST-1999-6246 and U.S.-Belize certificate authority pending in Docket OST-1997-3218, pursuant to the streamlined show-cause procedures announced in Docket OST-2005-22228.

Delta offers both mainline Atlanta-Belize City service and Delta Connection service on flights operated by Atlantic Southeast Airlines.

Delta also offers Newark-Antigua service by displaying its designator code on flights operated by Continental Airlines, Inc. pursuant to separate exemption authority in Docket OST-2003-15504.

Delta's exemptions in Dockets OST-1997-3051 and OST-1999-5749 also include authority to serve Grenada and authority to serve Antigua and St. Lucia from other U.S. points for purposes of codesharing with Air Jamaica Limited. Because that codesharing arrangement has been discontinued, Delta is not seeking renewal of such additional authority. Furthermore, Delta's existing exemptions include route integration authority, which is no longer required in light of the blanket route integration certificate granted to Delta by Order 2006-1-1.

Counsel: Delta and Hogan & Hartson, Robert Cohn, 202-637-4999

OST-1997-3051 - Exemption - Atlanta-Antigua/St. Lucia
OST-1999-5749 - Exemption - US-Belize

Filed June 27, 2007 | Issued October 22, 2007

Notice of Action Taken | Word

Renewal of scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, on the one hand, and Antigua and St. Lucia, on the other hand.

Renewal of scheduled foreign air transportation of persons, property, and mail between the United States and Belize.

Delta states that its exemptions in Dockets OST-1997-3051 and OST-1999-5749 also include authority to serve Grenada and authority to serve Antigua and St. Lucia from other U.S. points for purposes of code sharing with Air Jamaica Limited.  Delta states that it is not seeking renewal of such additional authority because that code-share arrangement has been discontinued.

By: Paul Gretch

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