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OST-2011-0154 - Austral - Cielos del Sur - Intra-Argentina Codesharing with Delta Air Lines

http://www.austral.com.ar/


OST-2011-0153 - Delta, Aerolineas Argentinas and Cielos del Sur - US-Argentina Reciprocal Codesharing


Austral Lineas Aereas - Cielos del Sur, S.A.

OST-2011-0154 - Exemption - Intra-Argentina Codesharing with Delta Air Lines

August 15, 2011

Application for Exemption

Under the codeshare agreement between Austral and Delta, Austral will operate with its aircraft and crews flights between points in Argentina on which Austral will display Delta's two-letter designator. Austral's domestic Argentina flights will connect with Delta's US-Argentina flights for the purpose of transporting Delta's US-originating and US-destined traffic. Under the authority sought in this application, Austral will not sell seats in its name for travel to or from the United States and will not operate its aircraft to any US point. Similarly, Delta will not sell transportation in its name for travel in local domestic Argentina markets. Austral therefore requests an exemption permitting Austral to engage in scheduled foreign air transportation for the purpose of transporting persons, property and mail under Delta's designator code between points in Argentina.

Counsel: Squire Sanders, Charles Donley, 202-626-6840



September 19, 2011

Supplement No. 1

Austral Lineas Aereas – Cielos del Sur S.A. hereby submits this supplement to its pending application for an exemption in the captioned docket. The supplement consists of Austral’s most recent available financial information. This information is subject to revision during the ongoing share expropriation process.

Counsel: Squire Sanders, Charles Donley, 202-626-6840



Filed August 15, 2011 | Issued December 20, 2011

Notice of Action Taken

Exemption under 49 USC § 40109 to permit Austral to engage in scheduled foreign air transportation of persons, property and mail to the extent necessary to display Delta Air Lines, Inc.’s DL* designator code on flights that it operates between points in Argentina. The applicant requests that the authority be granted for a period of at least one year.

Austral states that it has been controlled by the Government of Argentina since July 2008. The record indicates that, although Interinvest S.A. is the nominal owner of 97.4% of Austral’s shares, all Austral shares nominally held by Interinvest S.A. are currently undergoing expropriation by the State of Argentina, and are accordingly controlled by the Argentine Government. Since Austral is controlled entirely by the Argentine Government and the shares held by Interinvest S.A. are currently undergoing expropriation, and given that all of Austral’s directors and key management officials are citizens of Argentina, we find that Austral meets the ownership and control requirements of the US-Argentina bilateral agreement.

By: Paul Gretch


 

December 17, 2012

Application for Renewal of Exemption

Austral holds exemption authority permitting it to engage in scheduled foreign air transportation of persons, property and mail to the extent necessary to display Delta's two-letter designator code on flights operated by Austral between points in Argentina. Under this authority, Austral currently engages in codeshare services with Delta.

Austral requests renewal of this exemption for a one-year period on its existing terms and conditions.

Counsel: Squire Sanders, Charles Donley, 202-626-6840


 

Filed December 17, 2012 | Issued January 7, 2013

Notice of Action Taken

Renewal of exemption under 49 USC § 40109 to permit Austral to engage in scheduled foreign air transportation of persons, property and mail to the extent necessary to display Delta Air Lines, Inc.’s DL* designator code on flights that it operates between points in Argentina. The applicant requests that the authority be renewed for a period of one year.

Under Section B(1) of Annex I to the Agreement, the United States may select four points in Argentina for direct-US carrier or codeshare service, five points in Argentina for codeshare-only service, and five points in Argentina for codeshare-only service with a designated airline of Argentina. The United States has selected at this time, Buenos Aires and Cordoba as two of the four points for US direct carrier or codeshare service; Bariloche, Iguazu, Mendoza, Rosario and Ushuaia as points for service on a codeshare-only basis; and Comodoro Rivadavia, El Calafate, Rio Gallegos and Rio Grande as four of five points for service on a codeshare-only basis with a designated carrier of Argentina.

By: Paul Gretch


 

January 3, 2013

Application for Renewal of Exemption

Austral Lineas Aereas - Cielos del Sur S.A., pursuant to 49 USC 40109, hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned docket permitting Austral to transport persons, property and mail under the designator code of Delta Air Lines, Inc. between points in Argentina. Austral requests renewal of this exemption for a one-year period.

Counsel: Squire Sanders, Charles Donley, 202-626-6840


 

Filed January 3, 2014 | Issued January 30, 2014

Notice of Action Taken

Renewal of exemption under 49 USC § 40109 to permit Austral to engage in scheduled foreign air transportation of persons, property and mail to the extent necessary to display Delta Air Lines, Inc.’s DL* designator code on flights that it operates between points in Argentina. The applicant requests that the authority be renewed for a period of one year.

Under Section B(1) of Annex I to the Agreement, the United States may select four points in Argentina for direct-US carrier or codeshare service, five points in Argentina for codeshare-only service, and five points in Argentina for codeshare-only service with a designated airline of Argentina. The United States has selected at this time, Buenos Aires and Cordoba as two of the four points for US direct carrier or codeshare service; Bariloche, Iguazu, Mendoza, Rosario, and Ushuaia as points for service on a codeshare-only basis; and Comodoro Rivadavia, El Calafate, Rio Gallegos and Rio Grande as four of five points for service on a codeshare-only basis with a designated carrier of Argentina.

By: Paul Gretch


 

January 20, 2015

Application for Renewal of Exemption

Austral Lineas Aereas - Cielos del Sur S.A. hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned docket permitting Austral to transport persons, property and mail under the designator code of Delta Air Lines, Inc. between points in Argentina. Austral requests renewal of this exemption for a one-year period.

Counsel: Squire Patton Boggs, Charles Donley, 202-626-6840


 

Filed January 20, 2015 | Issued August 4, 2015

Notice of Action Taken

Renewal of exemption under 49 USC § 40109 to permit Austral to engage in scheduled foreign air transportation of persons, property and mail to the extent necessary to display the DL* designator code of Delta Air Lines Inc. on flights Austral operates between points in Argentina. The applicant requests that the authority be renewed for a period of one year.

Under Section B(1) of Annex I to the U.S.-Argentina Air Transport Services Agreement, the United States may select four points in Argentina for direct-U.S. carrier or code-share service, five points in Argentina for code-share-only service, and five points in Argentina for code-share-only service with a designated airline of Argentina. The United States has selected at this time, Buenos Aires and Cordoba as two of the four points for U.S. direct carrier or code-share service; Bariloche, Iguazu, Mendoza, Rosario, and Ushuaia as points for service on a code-share-only basis; and Comodoro Rivadavia, El Calafate, Rio Gallegos, and Rio Grande as four of five points for service on a code-share-only basis with a designated carrier of Argentina.

By: Paul Gretch


 

August 2, 2016

Application for Renewal of Exemption

Austral hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned docket permitting Austral to transport persons, property and mail under the designator code of Delta Air Lines, Inc. between points in Argentina. Austral requests renewal of this exemption for a one-year period on its existing terms and conditions. Under this authority, Austral currently engages in codeshare services with Delta.

By: Marcelo William Bottini, 305-266-1204


 

OST-2011-0153 - Delta/Aerolineas Argentinas/Austral - US-Argentina Reciprocal Codesharing
OST-2011-0154
- Austral - Intra-Argentina Codesharing with Delta Air Lines

July 3, 2018

Application for Amendment of Exemption and Statement of Authorization

Austral Lineas Aereas – Cielos del Sur S.A. hereby requests amendment of the statement of authorization and exemption granted to it by the Department of Transportation in the above-captioned dockets. Specifically, Austral requests:

  1. amendment of its blanket statement of authorization in Docket OST-2011-0153 to permit Austral to display the DL* designator code of Delta Air Lines, Inc. on flights operated by Austral between points in Argentina and points in third countries (in addition to its existing authorization to display the DL* code on Austral flights operated between points in Argentina); and
  2. amendment of its exemption in Docket OST-2011-0154 to permit Austral to engage in scheduled foreign air transportation of persons, property and mail to the extent necessary to display Delta’s DL* designator code on flights operated by Austral between points in Argentina and points in third countries (in addition to its existing exemption to display the DL* code on Austral flights operated between points in Argentina).

Austral requests that its amended statement of authorization remain in effect indefinitely and that its amended exemption remain in effect for at least one year. Austral intends to commence Argentina-third country codeshare service with Delta shortly after approval of this application.

Counsel: Aerolineas Argentinas, Marcelo William Bottini


 

OST-2011-0153 - Delta/Aerolineas Argentinas/Austral - US-Argentina Reciprocal Codesharing
OST-2011-0154
- Austral - Intra-Argentina Codesharing with Delta Air Lines

Filed August 3, 2016 and July 3, 2018 | Issued September 14, 20189

Notice of Action Taken

Renew exemption under 49 USC § 40109 to permit Aerolineas to engage in (1) scheduled foreign air transportation of persons, property and mail between points in Argentina and fourteen points in the United States, and beyond to three points in Canada, four points in Asia (except Japan, China, and the Philippines), eight points in Europe, four points in Mexico, and points in the Caribbean, Central America, and South America; (2) scheduled foreign air transportation of persons, property, and mail between points in Argentina and five additional points in the United States on a codeshare basis only; and (3) scheduled foreign air transportation of persons, property and mail between points in Argentina and five additional points in the United States on a code-share basis only, in conjunction with a designated airline of the United States; and

The Argentine Government has selected, at this time, Atlanta, Boston, Chicago, Dallas/Ft. Worth, Denver, Detroit, Houston, Las Vegas, Los Angeles, Miami, Minneapolis/St. Paul, New York/Newark, Orlando, and Philadelphia as points for Argentine direct-carrier or codeshare service; Montreal, Toronto, Vancouver, and Cancun for service beyond the United States to Canada and Mexico; Phoenix, Salt Lake City, and New Orleans as three of five points for service on a code-share-only basis; and San Diego, San Francisco, San Juan, Seattle, and Washington, DC as points for service on a code-share-only basis with a designated US carrier

Amend existing blanket statement of authorization under 14 CFR Part 212 to permit Austral to display the DL* designator code of Delta Air Lines, Inc. on flights operated by Austral between (i) points in Argentina and; (ii) points in Argentina and points in third countries.

Austral currently holds a statement of authorization permitting it to engage in scheduled foreign air transportation of persons, property and mail to the extent necessary to display Delta’s DL* designator code on flights operated by Austral only between points in Argentina.

Austral incorporates by reference and relies upon the codesharing notices filed previously in Docket OST-2011-0153 permitting display of Delta’s code on flights operated by Aerolineas Argentinas, as well as any future such notices submitted in Docket OST-2011-0153.

By: Brian Hedberg


 

OST-2011-0153 - Delta/Aerolineas Argentinas/Austral - US-Argentina Reciprocal Codesharing
OST-2011-0154
- Austral - Intra-Argentina Codesharing with Delta Air Lines

July 24, 2019

Joint Renewal Application

The Joint Applicants request renewal of the following authorities:

  1. a blanket statement of authorization pursuant to 14 CFR Part 212 to permit Aerolineas to display Delta’s “DL*” designator on flights operated by Aerolineas (1) between points in the United States, (2) between points in the United States and points in Argentina, and (3) between points in the United States and points in third countries, pursuant to the US-Argentina Air Services Agreement.;
  2. a blanket statement of authorization pursuant to 14 CFR Part 212 to permit Austral to display Delta’s “DL*” designator on flights operated by Austral between (1) points in Argentina and; (2) points in Argentina and points in third countries; and
  3. a blanket statement of authorization pursuant to 14 CFR Part 212 to permit Delta and its connection carriers to display Aerolineas’ “AR*” designator on flights operated by Delta (1) between points in the United States, (2) between points in the United States and points in Argentina, and (3) between points in the United States and points in third countries, pursuant to the ASA. Delta requests that its statement of authorization extend to its Delta Connection regional affiliates3 which operate service for Delta within North America.

Delta holds underlying route authority to serve between Atlanta and Buenos Aires (Route 798, Order 2001-1-14, renewal application pending in Docket OST-1999-6210). Delta also has a request for renewed exemption authority pending with the Department (See Application for Renewal of Exemption Authority filed June 13, 2019 in this Docket).

Aerolineas has long held permit authority to serve the United States (Order 1977-12-53) and currently provides nonstop service between Buenos Aires, on the one hand, and Miami and New York (JFK), on the other. Aerolineas and Austral also have broad exemption authority to provide codeshare service with Delta (See Notice of Action Taken issued September 14, 2018 in this Docket).

Counsel: Aerolineas Argentinas, Marcelo William Bottini / Deltra, Christoper Walker, 202-216-0700


 

OST-2007-26805 - Delta and Aeroflot - US-Russia Codesharing
OST-2011-0153 - Delta/Aerolineas Argentinas/Austral - US-Argentina Reciprocal Codesharing
OST-2011-0154
- Austral - Intra-Argentina Codesharing with Delta Air Lines

July 26, 2019

Re: Polling Results

This letter is to confirm that Delta has polled all of the carriers on the service list to the applications filed in the above dockets on July 24, 2019 and received no objections. In these circumstances, we urge that the applications be granted as soon as possible.

Counsel: Delta, Christopher Walker, 202-216-0700


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