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Brit Air

Brit Air

Brit Air is a French regional carrier that operates currently as an "Air France Partner" carrier, and now seeks to engage in codeshare operations with Delta on the Paris-intra European segments of certain U.S.-origin and U.S.-destined Delta transatlantic flights. As relevant to this Application, Brit Air acts as a regional feeder carrier for Air France at Paris (CDG). Additionally, Brit Air operates its own flights throughout Europe, serving some 25 points with a fleet consisting of 38 turboprop and regional jet aircraft. Brit Air is licensed by the French Aviation Authorities and is duly qualified to perform codeshare services with Delta. Moreover, Brit Air's proposed codeshare services are consistent with the U.S.-France air transport agreement.

Brit Air's current fleet consists of 38 turboprop and regional jet aircraft (Exhibit 2). It now serves over 25 points in France, as well as points outside of France such as Frankfurt, Zurich, Madrid and Southampton. See Exhibit 8, Route Map. Brit Air operates currently 210 daily flights, and carried 2.2 million passengers in 1999/2000. Brit Air has been providing service since 1982, and since 1997 Brit Air has operated exclusively on Air France's behalf as an "Air France Partner" carrier.

Counsel:  Silverberg Goldman, Michael Goldman, 202.944.3305

OST-2001-10354 - Exemption- U.S.-France Blanket Codeshare with Delta

Filed August 7, 2001 Issued June 4, 2002

Notice of Action Taken

Exemption and Statement of Authorization- Codeshare with Delta Air Lines

Exemption from 49 U.S.C. 41301 and statement of authorization pursuant to 14 CFR 212 of the Department's regulations to display the airline designator code of Delta Air Lines, Inc., on flights operated by Brit Air between Paris, France, on the one hand, and Genoa, Italy; Gothenburg, Sweden; Limoges, France; Metz/Nancy, France; Nantes, France; Rennes, France; Southhampton, U.K.; and Zurich, Switzerland, on the other hand.

By:  Paul Gretch

By this Application, Brit Air and Delta seeks amended exemption and codeshare authority so that Brit Air can display the "DL" code on any additional intra-Europe city-pairs operated by Brit Air for Air France, subject to the filing of a 30-day advance notice for each new city-pair. In other words, the Joint Applicants seek a blanket statement of authorization (and related exemption authority) so that Brit Air can display the "DL" code on any of its intra-European flights, similar to the blanket statements of authorization granted Air France and Delta (See Statement of Authorization #98-303).

In addition, the Joint Applicants request consolidation of the Brit Air Application docket into Docket OST-2000-6939, the consolidated docket established by the Department for the administration of the blanket codeshare statements of authorization held by Delta, Air France, and Delta's connection carriers, Atlantic Southeast Airlines, Inc. and Comair, Inc. This will allow "Air France Partner" carriers such as Brit Air to receive treatment similar to the treatment accorded to Delta and its Delta connection carriers for purposes of codeshare authorizations. Specifically, a codesharing notice given for Air France or Brit Air should be deemed as notice given for either carrier, thus allowing Brit Air to display the "DL" code on intra-European city-pairs authorized already for Delta codeshanng on Air France, and vice versa.

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3305, Shaw Pittman, Robert Cohn, 202.663.8060

Relief requested: (1) Amend exemption from 49 U.S.C. 41301 and statement of authorization pursuant to 14 CFR 212 of the Department's regulations (last granted June 4, 2002, in Docket OST-2001-10354) to permit Brit Air to display the airline designator code of Delta Air Lines on any intra-European city-pair flight operated by Brit Air, an Air France partner, under the existing Delta-Air France codeshare authorization in Docket OST-2000-6939.

(2) Consolidate Brit Air's application in Docket OST-2001-10354 into Docket OST-2000-6939, the consolidated docket established by the Department for the administration of the blanket statements of authorization held by Delta, Air France, and Delta's connection carriers (Atlantic Southeast Airlines, Inc., and Comair, Inc.), so as to deem any future codesharing notice given for Air France or Brit Air as notice given for either carrier.

By:  Paul Gretch

Counsel:  Shaw Pittman, Robert Cohn, 202.663.8060 and Silverberg Goldman, Michael Goldman, 202.944.3305

Amend Notice of Action Taken dated August 2, 2002, in the above-referenced dockets, to recognize that Brit Air is a wholly-owned subsidiary of Air France, and delete footnote 1 of that NOAT. The joint movants state that Brit Air has been a wholly-owned (100%) Air France subsidiary since no later than September 30, 2001, and they have submitted supporting information to this effect.

By:  Paul Gretch

July 30, 2004

Application for Renewal of Exemption Authority

Brit Air has continued to operate its intra-European flights as a Air France Partner on behalf of Air France, and to list the Delta Air Lines' designator code on it flights since this exemption authority was granted in August 2002. Brit Air also continues to be a French-licensed carrier wholly owned by Air France. Brit Air/Delta codeshare services involved are authorized under the U.S.-France Agreement.

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305

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