BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Joint Application of DELTA AIR LINES, INC., VRG LINHAS AEREAS S.A. d/b/a GOL, and ENDEAVOR AIR, INC. for a statement of authorization pursuant to 14 C.F R. Part 212 Docket DOT-OST-2010-0095 JOINT APPLICATION OF DELTA AIR LINES, INC., VRG LINHAS AEREAS S.A., AND ENDEAVOR AIR,INC. FOR A STATEMENT OF AUTHORIZATION Communications with respect to this document should be sent to: Alexander Van der Bellen, Managing Director, Regulatory and International Affairs & Associate General Counsel Christopher Walker Regional Director, Regulatory and International Affairs DELTA AIR LINES, INC. 1212 New York Avenue, NW Suite 200 Washington, DC 20005 (202 842-4184 sascha.vanderbellen@delta.com chris.walker@delta.com Flávio Araújo Diretoria Jurídica / Coordenadoria de Contratos, Societário e Regulatório / Coordenador Departamento Jurídico - SAOG VRG LINHAS AEREAS S.A. - GRUPO GOL Sao Paulo, Brazil Counsel for ENDEAVOR AIR, INC. July 2, 2014 Notice: The Joint Applicants intend to poll the U.S. carrier representatives on the attached service list regarding this Application and will notify the Department of the results as soon as possible.
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Joint Application of DELTA AIR LINES, INC., VRG LINHAS AEREAS S.A. d/b/a GOL, and ENDEAVOR AIR, INC. for a statement of authorization pursuant to 14 C.F R. Part 212 Docket DOT-OST-2010-0095 JOINT APPLICATION OF DELTA AIR LINES, INC., VRG LINHAS AEREAS S.A., AND ENDEAVOR AIR,INC. FOR A STATEMENT OF AUTHORIZATION Delta Air Lines, Inc. ( Delta, VRG Linhas Aereas S.A. d/b/a Gol ( Gol and Endeavor Air, Inc. ( Endeavor (together, the Joint Applicants hereby apply for authority to expand Gol s existing codesharing on Delta to include Delta Connection operations by Endeavor. Specifically, pursuant to 14 C.F.R. Part 212, Endeavor seeks a blanket statement of authorization allowing Endeavor to display Gol s G3* code on Delta Connection flights Endeavor operates: (a within the United States (in conjunction with Gol s services in foreign air transportation, and (b between the United States and third countries. 1 Endeavor requests that its statement of authorization be valid for an indefinite period subject to the Department s normal code share conditions. 2 In support of this Joint Application, Delta, Gol, and Endeavor state as follows: 1 To the extent necessary, the Joint Applicants request consolidation of this application into Docket DOT-OST-2010-0095, the Docket established by the Department for the administration of the grant of the blanket statements of authorization issued to Gol and Delta. 2 The Joint Applicants request a waiver of the 45-day advance filing requirement for codeshare statements of authorization under 14 C.F.R. Part 212 so that the proposed codeshare services may begin without delay.
Joint Application of Delta, Gol, and Endeavor Page 2 1. Endeavor is a certificated U.S. air carrier that operates flights for marketing and sale by Delta. 2. The Department has previously approved Delta/Gol blanket statements of authorization for reciprocal codesharing. See, Notices of Action Taken, Issued April 19, 2011, and Issued December 3, 2012 in Docket DOT-OST-2010-0095. The proposed services are fully consistent with the Department s prior codeshare approvals and with the U.S.-Brazil Air Transport Agreement, signed March 19, 2011. 3. Delta, Gol, and Endeavor have agreed to expand codesharing to encompass flights operated by Endeavor on Delta s behalf. Accordingly, the Joint Applicants request a blanket statement of authorization under 14 C.F.R. Part 212, permitting Endeavor to display Gol s G3* designator code on flights operated by Endeavor: (a within the United States (in conjunction with Gol s services in foreign air transportation, and (b between the United States and third countries. 4. The proposed codeshare services will be operated pursuant to the Delta/Gol codeshare agreement previously approved by the Department and an ancillary Delta/Gol/Endeavor agreement. A redacted copy of the ancillary Delta/Gol/Endeavor agreement is attached to this Application. 5. Gol holds exemption authority authorizing it to engage in the full scope of foreign air transportation permissible under the U.S.-Brazil Air Transport Agreement. See Notice of Action Taken issued April 30, 2014, in Docket DOT-OST-2012-0039. 6. The same public interest considerations that supported the grant of codeshare authority to Gol and Delta apply with equal force to the services operated by Endeavor on behalf of Delta. Gol and Delta have a longstanding codesharing relationship, and grant of this application will enable Gol to further expand its on-line service options to additional U.S. and beyond-u.s. cities.
Joint Application of Delta, Gol, and Endeavor Page 3 7. The Joint Applicants initial codeshare markets are listed at Exhibit A-1 to the attached codeshare agreement. To the extent necessary, the Joint Applicants request that the authority requested here for Gol codesharing on Endeavor be administered jointly with the authority for Gol codesharing on Delta in docket DOT-OST-2010-0095 such that any non-open skies point 30-day notice given is deemed notice for all of the operating carriers authorized in this docket, except for U.S.-Mexico service where notices will continue to be provided on an operating carrier specific basis. The Joint Applicants incorporate by reference all previous non-mexico codeshare-point notices provided in this docket. 8. Endeavor is not a CRAF participant. 9. The Joint Applicants will conduct these codeshare services in accordance with 14 C.F.R. Part 257 and the other conditions normally imposed by the Department on codesharing statements of authorization. WHEREFORE, Delta, Gol, and Endeavor request that the Department promptly grant the authority described herein. Respectfully submitted, Alexander Van der Bellen Managing Director, Regulatory and International Affairs & Associate General Counsel DELTA AIR LINES, INC. Counsel for ENDEAVOR AIR, INC. /s/ Flávio Araújo Flávio Araújo Diretoria Jurídica / Coordenadoria de Contratos, Societário e Regulatório / Coordenador Departamento Jurídico - SAOG VRG LINHAS AEREAS S.A. - GRUPO GOL
CERTIFICATE OF SERVICE A copy of the foregoing Application has been served this 2 nd day of July, 2014, upon the following persons via email: Air Carrier Name Email Address Alaska Airlines Marshall Sinick msinick@ssd.com American Howard Kass howard.kass@aa.com American Robert Wirick robert.wirick@aa.com Frontier/Republic Bob Cohn robert.cohn@hoganlovells.com Frontier/Republic Pat Rizzi patrick.rizzi@hoganlovells.com Hawaiian Jonathan Hill jhill@dowlohnes.com JetBlue Robert Land robert.land@jetblue.com Southwest/AirTran Bob Kneisley bob.kneisley@wnco.com Southwest/AirTran Leslie Abbott leslie.abbott@wnco.com Spirit Airlines David Kirstein dkirstein@yklaw.com Spirit Airlines Joanne Young jyoung@yklaw.com Sun Country John Fredericksen john.fredericksen@suncountry.com Sun Country Thomas Ting thomas.ting@suncountry.com United Dan Weiss dan.weiss@united.com United Thomas Bolling thomas.bolling@united.com United Karine Faden karine.faden@united.com United Oracio Marquez oracio.marquez@united.com Virgin America Barbara Russell barbara.russell@virginamerica.com Brian Hedberg Robert Finamore Brett Kruger Info brian.hedberg@dot.gov robert.finamore@dot.gov brett.kruger@dot.gov info@airlineinfo.com