Delta Air Lines, Inc.

OST-2007-27782 - Exemption and Certificate of Public Convenience and Necessity - US-European Community Member States

March 29, 2007

Application for an Exemption and a Certificate of Public Convenience and Necessity

The U.S.-EU Agreement is expected to be signed on April 30, 2007, and to take full effect on March 30, 2008. Delta is eager to obtain the broadest possible authority to enable Delta to plan and effectively market new transatlantic services commencing on the very first day the new opportunities become available. Advance authority covering the full scope of combination services contemplated by the Agreement will ensure that Delta is poised to compete with other U.S. and foreign airlines that are undoubtedly equally eager to take advantage of the new opportunities, and will provide the traveling and shipping public with the extraordinary pricing and competitive benefits that will accompany the expansion of services by Delta.

Accordingly, pursuant to 49 U.S.C. § 40109 and 41102, 14 C.F.R. Part 302, and the Department's August 23, 2005, Notice in Docket OST-2005-22228, Delta hereby applies for an exemption and a certificate of public convenience and necessity 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 any European Community Member State or States, either directly or via any intermediate point or points, and beyond.

Delta requests that its application be decided on the basis of written submissions pursuant to 14 C.F.R. § 302.207 and, to the extent warranted, the Streamlined Licensing Procedures Notice. Specifically, Delta requests that, as soon as possible, but no later than the date the U.S.-EU Agreement is signed the Department issue a single Order:

1. awarding Delta the certificate of public convenience and necessity requested herein for an indefinite duration;
2. issuing Delta (a) the U.S.-EU opens skies exemption authority requested herein 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 (b) 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.-EU open skies certificate, valid for an indefinite duration.

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