Delta Air Lines, Inc.

OST-2008-0185 - Exemption - New York-Buenos Aires

June 9, 2008

Application for an Exemption

Delta hereby applies for an exemption authorizing Delta to operate scheduled foreign air transportation of persons, property, and mail between New York, New York, and Buenos Aires, Argentina. Delta further requests five U.S.-Argentina frequencies and (to the extent necessary) designations in order to operate such services. Delta asks that this authority remain in effect for at least two years or until ninety days after final Department action granting a Delta application for certificate authority with respect to these routes, whichever occurs earlier.

Pursuant to the exchange of notes dated July 3, 2007, the U.S.-Argentina service opportunities available to U.S. carriers have been dramatically expanded and there are more than sufficient unallocated frequencies available to satisfy Delta’s request. As of March 21, 2008, up to 98 weekly round trip frequencies by U.S. carriers were authorized. As of March 21, 2009, up to 112 frequencies will be available. Currently, only 56 weekly round trip frequencies are operated by U.S. carriers.

Delta plans to inaugurate nonstop New York (JFK) – Buenos Aires service on or about December 18, 2008, using B-767-300ER aircraft currently in its fleet configured with 178 coach class and 36 business class passenger seats. The service will initially be operated 5 times per week during the peak season (December-April) and 4 times per week during the remainder of the year. Delta requests the flexibility to use all 5 frequencies on a seasonal basis so that it can quickly adjust its service levels to market demand.

Counsel: Delta, Scott McClain, 404-773-6514

June 12, 2008

Re: Polling Results

Delta Air Lines, Inc. has concluded its polling of the representatives of all U.S. carriers currently offering U.S.-Argentina service, concerning the above-referenced application dated June 9, 2008. No carrier representative has objected to the application.

American Airlines, which filed its own request for additional U.S.-Argentina frequencies the day after Delta’s application was filed, has advised that it does not object so long as its own application is granted contemporaneously. Delta does not object to the granting of American’s request, so long as Delta’s application is granted contemporaneously. Delta therefore requests that the authority Delta seeks be granted as soon as possible.

Counsel: Delta, Scott McClain, 404-773-6514

Filed June 9, 2008 | Issued June 17, 2008

Notice of Action Taken

Scheduled foreign air transportation of persons, property, and mail between New York, New York, and Buenos Aires, Argentina. Delta states that it proposes to use the frequencies requested here to inaugurate nonstop service in the New York (JFK)-Buenos Aires market on or about December 18, 2008. Delta further states that it will initially operate its proposed service five times weekly during peak season (December-April) and four times weekly during the remainder of the year.

In its June 12, 2008 submission to the Department reporting its polling results, Delta states that it received non-objections to its application from each of the carriers served. Delta notes that it was advised by American Airlines that American does not object to the request of Delta provided that the Department contemporaneously grants American’s pending application for New York (JFK)-Buenos Aires authority (see Docket OST-2008-0186).

By: Paul Gretch