Delta Air Lines, Inc. and Emirates

OST-03-15805 - Statement of Authorization (U.S.-U.A.E. Blanket Cdoesharing) and Exemption (US-Qatar)

July 29, 2003

Joint Application for a Statement of Authorization and an Exemption

Hereby apply for a blanket statement of authorization pursuant to 14 C.F.R. Part 212 authorizing the following codeshare services:

(1) the display of Emirates' "EK" designator code on flights operated by Delta between (a) any point or points in the United States and any point or points in the United Arab Emirates (either nonstop or via intermediate points), (b) any points in the United States in conjunction with foreign air transportation services held out by Emirates, and (c) any point or points in the United States or the United Arab Emirates and any point or points in any third country; and

(2) the display of Delta's "DL" designator code on flights operated by Emirates between (a) any point or points in the United States and any point or points in the United Arab Emirates (either nonstop or via intermediate points), (b) any points in the United Arab Emirates, and (c) any point or points in the United Arab Emirates or the United States and any point or points in any third country.

In addition, Delta hereby applies for an exemption pursuant to 49 U.S.C. § 40109 authorizing Delta to provide scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Qatar, directly and via intermediate points, and beyond, and to integrate such exemption authority with its existing exemptions and certificates to the extent permitted by international agreements. As detailed below, Delta already has underlying certificate or exemption authority for all other initiallyproposed codeshare points.

The Joint Applicants plan to commence reciprocal codeshare services on or about October 1, 2003, and request prompt consideration and approval of this application so that the carriers may engage in advance marketing activities.

Delta requests that its U.S.-Qatar exemption be granted for a period of at least two years, or until 90 days after the Department's final determination on Delta's U.S.-Qatar certificate application pending in Docket OST-99-6246, whichever occurs earlier.

Attachment: Codeshare Agreement

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6000 for Emirates / Delta and Shaw Pittman, Robert Cohn, 202-663-8060

OST-03-15805 - Statement of Authorization (US-UAE Blanket Codesharing) and Exemption (US-Qatar)

Filed July 29, 2003 | Issued October 14, 2003

Notice of Action Taken | Word

By: Paul Gretch

OST-03-15805 - Statement of Authorization (US-UAE Blanket Codesharing) and Exemption (US-Qatar)

Filed July 29, 2003 | Issued October 23, 2003

Notice of Action Taken

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Qatar directly and via intermediate points, and beyond, and to integrate such authority with its existing exemption and certificate authority. Delta intends to operate this service pursuant to a reciprocal code-share arrangement with Emirates.

Permit Delta to display the "EK" code of Emirates on flights operated by Delta between (I) any point or points in the United States and any point or points in the United Arab Emirates (either nonstop or via intermediate points), (2) any points in the United States in conjunction with foreign air transportation services held out by Emirates, and (3) any point or points in the United States or the United Arab Emirates and any point or points in any third country.

Permit Emirates to display the "DL" code of Delta on flights operated by Emirates between (1) any point or points in the United States and any point or points in the United Arab Emirates (either nonstop or via intermediate points), (2) any points in the United Arab Emirates, and (3) any point or points in the United Arab Emirates or the United States and any point or points in any third country.

By: Paul Gretch

OST-00-7490 - U.S.- United Arab Emirates Scheduled Air Service
OST-00-7495 - US-United Arab Emirates Codeshare with Continental
OST-02-13203 - U.S.- United Arab Emirates Foreign Air Carrier Permit
OST-03-15805 - Statement of Authorization (U.S.-U.A.E. Blanket Cdoesharing) and Exemption (US-Qatar) - Codeshare with Delta Air Lines

January 23, 2004

Re: Emirates

On July 1, 2003, the Department issued a Notice of Action Taken ("NOAT") in Docket OST‑00‑7490 granting Emirates an exemption to serve the United States consistent with the scope of authority available under the U.S.‑United Arab Emirates open skies bilateral agreement. At Emirates' request,1 however, the Department included in the NOAT a temporary condition, pending the FAA's issuance of Operations Specifications to Emirates, stating that "Emirates may exercise the authority granted in this notice only as part of a Department‑authorized code‑share or wet‑lease arrangement with a duly authorized and properly supervised carrier or carriers." This same condition was included in statements of authorization issued by the Department authorizing Emirates to engage in code sharing with Delta Air Lines, Inc and Continental Airlines, Inc. See Department Action dated July 1, 2003 (Docket OST‑00‑7495); NOAT dated Oct. 14, 2003 (Docket OST‑03‑15805).

As the Department is aware, the FAA recently issued Operations Specifications to Emirates following receipt from the Transportation Security Administration of confirmation that Emirates has satisfied TSA's requirements and TSA's recommendation that the FAA issue Emirates' Operations Specifications. Emirates therefore respectfully requests that the Department amend the authorizations issued to Emirates in Dockets OST-00-7490, 00-7495, and 03-15805 to remove the above-referenced condition, thereby enabling Emirates to commence holding out service to and from the United States using its own aircraft. Emirates plans to commence such service in June 2004.

Counsel: Wilmer Cutler, Jeffrey Manley, 202-863-6000

OST-03-15805 - US-United Arab Emirates Codeshare

Issued January 29, 2004

Notice of Action Taken | Word

On October 14 and October 24, 2003, in Docket OST-2003-15805, we granted a joint request of Emirates and Delta Airlines for blanket statements of authorization to conduct reciprocal code-share services between the United Arab Emirates and the United States.   We granted the authorities subject to, among other things, the condition that Emirates only exercise the authority as part of a Department-authorized code-share or wet-lease arrangement with a duly authorized and properly supervised carrier or carriers.  We had also included such a code-share/wet-lease condition in authority we awarded Emirates on July 1, 2003, in Dockets OST-2000-7490 and OST-2000-7495. 

By letter dated January 23, 2004, Emirates advised us that it was ready to conduct the authorized operations with its own aircraft, and asked that the code-share/wet-lease condition be removed from its authority in Dockets OST-2000-7490, OST-2000-7495, and OST-2003-15805. 

By Notice of Action Taken dated January 23, 2004, in Dockets OST-2000-7490 and OST-2000-7495, we removed the code-share/wet-lease condition from the authorities granted Emirates on July 1, 2003.  We found, in the circumstances presented, including the notification received from Emirates on January 23, and the fact that we had been advised that the FAA and the TSA are prepared to allow Emirates to serve the United States with its own aircraft, that it was in the public interest to remove the code-share or wet-lease condition imposed on Emirates in those dockets.

By: Paul Gretch