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OST-1999-6246

http://www.delta.com/

Delta Air Lines, Inc.

Delta already holds authority to serve several of the countries listed in this application, but its authority is limited in scope or duration based on outdated circumstances. For instance, pursuant to its certificate authority for Route 616, which Delta acquired from Pan American World Airways, Delta is authorized to serve the open-entry countries of Denmark, Finland, Norway and Sweden from all but a limited number of U.S. points (segment 10), and to serve Austria from only six U.S. gateways (segment 3). Yet, each of these countries has entered into an Open Skies Agreement with the United States, which eliminates the need for such restrictions. Issuance without delay of certificate authority to permit Delta to serve the points listed in this application from any point in the United States would be consistent with the public interest. Each country has entered into a liberal agreement with the United States or has adopted a liberal aviation policy that allows for multiple entry by U.S. carriers.  Each applicable bilateral agreement specifically provides for unrestricted service between the United States and the given foreign country, without limitations on the number of carrier designations, frequencies, or specific points  served by designated U.S. carriers.

While Delta does not currently serve, or hold certificate or exemption authority to serve, certain of the countries named in this application, Delta is applying for such certificate authority to provide it with the flexibility quickly to implement service to those countries should it decide to do so in the future without the need to seek additional authority from the Department. As noted above, the grant of such authority is fully consistent with the Open Skies agreements and other bilateral understandings in effect between the United States and each of the countries.

Counsel:  Shaw Pittman, Robert Cohn, 202.663.8060, robert.cohn@shawpittman.com

Before the Department devotes staff resources to processing such a request, the Department should act favorably on some 15 certificate applications by American for new, amended, or renewed authority, many of which have been pending for a number of years.

Counsel: American Airlines, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com

United agrees that broad operating authority enables U.S. air carriers to utilize the opportunities available under liberal aviation regimes in the most efficient and effective manner. United has no objection to the grant of Delta's application so long as United's comparable applications are granted at the same time. United is today filing an application seeking comparable broad certificate authority in open markets, and is also filing a motion for immediate action on pending applications for new and amended certificate authority.

Counsel:  Kirkland Ellis, Jeffery Manley, 202.879.5161, jeffery_manley@kirkland.com

American appears to misapprehend the purpose of Delta’s request. Rather than diverting staff resources, Delta’s request is intended to promote administrative efficiency by alleviating the need to seek, frequently on an expedited basis, exemption authority each time a new non-controversial service is added to an open-entry point. Delta is also seeking certificate authority for points to which it already holds exemption authority, thereby alleviating the need for the Department to process exemption renewals. Delta’s open-entry certificate request is fully consistent with American’s own petition in Docket OST-98-3375, which urged the Department to liberalize its administrative approval practices with respect to grant of non-controversial authorities and allow for approvals of indefinite duration. American’s petition, like Delta’s open-entry certificate request, was motivated by a desire to reduce the burden on both the Department and carrier applicants. Delta has no objection to the Department’s approval of American’s requests for renewal of certificate authority or for new certificate authority to open entry routes. The Department can decide for itself how best to prioritize the various requests for non-controversial authority. Delta’s request will eliminate the need for countless exemptions as it introduces new services, thereby freeing staff resources for other tasks. American notes that many of its current route objectives are satisfied through the automatic renewal provisions of the Administrative Procedure Act.

United states that it "has no objection to the grant of Delta’s application so long as United comparable applications are granted at the same time." However, because the authority sought by Delta is by definition open-entry or otherwise non-controversial, no Ashbacker concerns are raised. Therefore it is not appropriate to withhold Delta’s requested authority based on a later-filed and non-competing application of any other carrier.

Counsel:  Robert Cohn, Shaw Pittman, 202.663.8060, robert.cohn@shawpittman.com

Delta Air Lines, Inc. hereby supplements its September 21, 1999 Certificate Application by adding the countries listed in Exhibit A-2, attached hereto, to the list of countries previously included in Exhibit A of Delta’s initial application.  To the extent that the Department is prepared to grant broad certificate authority to other carriers to the listed points, Delta requests that it be granted the same authority. Delta’s original application purposefully sought to avoid controversy by including only countries that were de jure or de facto open entry (or to which Delta already held exemption authority). Delta is now including the additional countries listed in Exhibit A-2 in response to pending applications filed by United Air Lines, Inc. for broad route authority.

Counsel:  Robert Cohn, Shaw Pittman, 202.663.8060, robert.cohn@shawpittman.com

As a general proposition, Northwest does not oppose Delta's application. Delta's application, like that of United Air Lines in Docket OST-99-6385, seeks broad authority to operate to so-called "open entry" countries, i.e., countries that purportedly impose no restrictions on U.S. carrier designations or frequencies or (with some exceptions) on points that U.S. carriers may serve.' The grant of such authority should create efficiencies and flexibility for the carriers and should ultimately reduce the administrative burden on the Department. Toward that end, Northwest intends shortly to file a similar application requesting certificate authority to operate between the United States, via intermediate points, to points in various countries and beyond. Northwest does not oppose the granting of Delta's application, provided that the Department is prepared to grant the similar application of Northwest. Of course, if the Department should conclude that any of the countries listed in Delta's application, as amended (or in United's application in Docket OST-99-6385) do not, in fact, permit "open entry" by U.S. carriers and that there are, in fact, restrictions on U.S. carrier designations or frequencies or points, then the Department should defer action on the requests for authority to operate to such countries and should instead take steps, such as inviting applications for authority to serve limited entry markets, that are consistent with principles of due process.

Counsel:  Zuckert Scoutt, Charles Simpson, 202.298.8660

In conclusion, Delta should not now be heard to complain that United has sought to expand the scope of the pending applications for certificate authority to include limited-entry markets. As noted above, United made its request for limited-entry authority in response to previous applications filed by Delta and American and did not intend by its October 19, 1999, motion to expand the scope of the proceeding that Delta initiated in this docket to include such limited-entry markets as Brazil. Contrary to Delta's assertions, United has not sought to inject such limited-entry markets into this proceeding.

Counsel:  Kirkland Ellis, Jeffery Manley, 202.879.5200, jeffery_manley@kirkland.com

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060

By:  Bradley Mims

Delta Air Lines, Inc. hereby supplements its September 21, 1999, certificate application by adding Turks and Caicos to the list of countries included in Exhibit A (Revised), attached to Supplement #2 to Delta’s application, filed December 29, 1999. For the sake of administrative convenience, attached hereto is a second revised Exhibit A, listing all of these points.

Counsel:  Shaw Pittman, Alexnader Van der Bellen, 202.663.8060

Delta Air Lines, Inc. hereby supplements its September 21,1999, certificate application by adding the following points to the list of countries included in Exhibit A (Second Revised), attached to Supplement #3 to Delta's application, filed May 18, 2000: 

• Comoros

• Cyprus

• Dominica

• French Guiana

• French Polynesia

• Lesotho

• Macau

• Maldives

• Marshall Islands

• Micronesia, Federated States of

• Mongolia

• Palau

• Qatar

• St. Kitts & Nevis

• St. Vincent & Grenadines

• Samoa

• Swaziland

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060

By this order, we are granting new certificate authority to serve the U.S.-France market, consistent with the provisions of the January 22, 2002, U.S.-France open-skies aviation agreement. The order also dismisses, as moot, various requests for city-pair specific certificate authority in the U.S.-France market.

By:  Read Van de Water

August 26, 2004

Motion for Leave to File and Supplement #5 to Application of Delta Air Lines

Delta hereby moves for leave to file this supplement. Consideration of Delta's request for authority to serve Indonesia together with Delta's original request for certificate authority for service to open entry points will promote administrative efficiency. Moreover, any person wishing to answer this supplement will have the opportunity to do so. Thus, no party will be prejudiced by allowing Delta to supplement its application. In addition, France has been removed from the attached revised country exhibit because the portion of Delta's application that applied to U.S.-France certificate authority was approved by Order 2002-5-25.

The additional authority sought herein is governed by and consistent with the new open skies agreement between the United States and Indonesia, signed on July 26, 2004. Delta should be granted indefinite certificate authority to provide scheduled service to Indonesia for the reasons stated in Delta's initial application filed in this Docket.

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

OST-2007-27790 - Blanket Open-Skies Certificate Authority
OST-1999-6246 - New or Amended Certificate of Public Convenience and Necessity (Open Entry Routes)

April 13, 2007

Supplement #6 of Delta

Delta Air Lines, Inc. hereby supplements its Application pending in Docket OST-1999-6246 for a New or Amended Certificate of Public Convenience and Necessity for open entry routes filed on September 21, 1999, as amended. By this supplement, Delta seeks the award of authority to serve all open-skies/MALIAT partner countries under the procedures set forth in the Open-Skies Certificate Notice in Docket OST-2007-27790 and Order 2007-4-2.

Order 2007-4-2 issues open-skies certificate authority to American Airlines, Inc. Delta requests that the Department proceed directly to a Final Order issuing Delta a comparable certificate, consistent with the regulatory streamlining procedures described in the Department's August 2005 Notice in Docket OST-2005-22228.

In Order 2007-4-2, the Department states that it intends to amend American's current route authority to reflect the realignment of open-skies authority effected by that Order. To the extent that the issuance of an open-skies certificate to Delta would be redundant or subsumptive in relation to previously-issued certificate authority, Delta is also amenable to the realignment of its existing certificates. However, any changes to or deletions from Delta's existing certificates should use show-cause procedures to provide Delta with the opportunity to comment on detrimental deletions of authority that may be proposed by the Department.

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

Order 2007-4-27
OST-2007-27790 - Blanket Open-Skies Certificate Authority
OST-1999-6246 - New or Amended Certificate of Public Convenience and Necessity (Open Entry Routes)

Issued April 17, 2007 | Served April 30, 2007

Order Issuing Certificate | Word

Under assigned authority and consistent with our streamlining and blanket open-skies certificate initiatives, we have decided to grant Delta certificate authority to serve all open-skies partners; that is, foreign aviation partners with which the United States has entered into an open-skies agreement where that agreement is being applied. We have also decided to grant to Delta certificate authority to serve Brunei Darussalam, Chile, Cook Islands, New Zealand, Samoa, Singapore, and Tonga, each a signatory to the Multilateral Agreement on the Liberalization of International Air Transportation.  We defer action on the remainder of the carrier’s requests and will handle them separately. Our action here establishes for the carrier a new route certificate, in the form attached at Appendix A. We find that grant of the certificate is consistent with the public convenience and necessity. We find further that the pending open-skies request is not controversial and that it is appropriate to grant the authority at issue here under simplified procedures.

We will also grant the carrier blanket authority such that when an additional foreign aviation partner enters into an open-skies agreement with the United States, and where that agreement is being applied, authority to serve that open-skies partner will automatically be included as part of the carrier’s certificate authority without the need for further action by the Department or the carrier.  We find that the award of such authority, on a prospective basis, with the enhanced administrative convenience it would accord to the carrier, is consistent with the public interest.

By: Paul Gretch

OST-2008-0045 - Exemption - US-Guyana
OST-1999-6246 - New or Amended Certificate of Public Convenience and Necessity (Open Entry Routes)

January 29, 2008

Application for an Exemption

Delta hereby applies for an exemption authorizing Delta 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 Guyana. Specifically, Delta requests that, as soon as possible, the Department issue a single Order: (1) awarding Delta a certificate of public convenience and necessity for U.S.-Guyana per its pending application in Docket DOT-OST-1999-6246; or (2) issuing Delta (i) the requested U.S.-Guyana exemption authority for a period of two years or until 90 days after the Department's final determination on Delta's certificate application, whichever occurs first, and (ii) tentative approval of the corresponding certificate of public convenience and necessity under the show-cause procedures described in the Streamlined Licensing Procedures Notice. If the Department proceeds under option (2), as soon as possible thereafter, the Department should issue a Final Order granting Delta's U.S.-Guyana certificate, valid for an indefinite duration.

Delta plans to operate nonstop service between New York (JFK) and Georgetown, Guyana, four times weekly on a year-round basis using B-757 aircraft with 183 seats. Delta plans to commence this new service on or about June 16, 2008.

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

OST-2008-0045 - Exemption - US-Guyana
OST-1999-6246 - New or Amended Certificate of Public Convenience and Necessity (Open Entry Routes)

Re: Polling Results

We have concluded our polling of the U.S. carrier representatives served with the above-referenced Application (dated January 29, 2008), and no carrier representative has objected to the relief sought therein. Accordingly, Delta Air Lines respectfully urges that the requested authority be granted as soon as possible.

Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com

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