BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

DELTA AIR LINES, INC.

for an exemption pursuant to

49 U.S.C. § 40109 and 

(Seattle-San Jose del Cabo)

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Docket DOT-OST-2014-

 

APPLICATION OF

DELTA AIR LINES, INC.

Communications with respect to this document should be addressed 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, N.W. 

Washington, D.C. 20005

(202) 842-4184

sascha.vanderbellen@delta.com

chris.walker@delta.com

February 4, 2014

Notice: Delta intends 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.

Application of

DELTA AIR LINES, INC.

for an exemption pursuant to

49 U.S.C. § 40109 and 

(Seattle-San Jose del Cabo)

)

)

)

)

)

)

)

)

)

)

Docket DOT-OST-2014-

 

APPLICATION OF

DELTA AIR LINES, INC. 

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Rules of 

Practice, Delta Air Lines, Inc. (“Delta”) hereby applies for an exemption from 49 U.S.C. § 

41101 authorizing Delta to engage in scheduled foreign air transportation of persons, 

property, and mail between Seattle, Washington (SEA), on the one hand, and San Jose 

del Cabo, Mexico (SJD) on the other. 

Delta would like to add new service on these routes and plans to offer seasonal, 

Saturday-only service beginning on or about December 20, 2014. Delta plans to utilize 

160-seat Boeing 737-800 aircraft, equipped with 16 first class, 18 economy comfort 

class, and 126 economy class seats. Delta requests the issuance of an exemption, 

pursuant to 49 U.S.C. § 40109, authorizing Delta to engage in scheduled foreign air 

transportation of persons, property and mail on the Seattle-San Jose del Cabo. Delta 

requests that its exemption authority be granted as soon as possible for a period of at 

least two years.

In support of this Application, Delta state as follows

1. The proposed service will provide significant benefits to travelers and 

shippers and is clearly in the public interest. The requested exemption authority is fully 

consistent with the terms of the U.S.-Mexico Air Transport Agreement (“Agreement”) as 
Delta Application

Page 2

amended by the agreement signed by the two governments on December 12, 2005. 

Route 1(a) of the Agreement authorizes carriers designated by the U.S. to operate 

“[f]rom a point or points in the United States to a point or points in Mexico.” Annex 

I(A)(1)(a). Three U.S. carrier designations are authorized for the Seattle-San Jose del 

Cabo. Agreement Annex I(B)(4-5). The route has two carrier designations available, 

with one designation already awarded to Alaska Airlines. Delta requests that the 

Department promptly notify the Government of Mexico of Delta’s designation on this 

route.

2. Delta holds various certificates of public convenience and necessity and 

exemptions authorizing it to engage in scheduled foreign air transportation of persons, 

property and mail, including between the United States and Mexico. See, e.g., Delta’s 

Certificate for Route 901, issued by Order 2010-3-12. Pursuant to Rule 24 of the 

Department’s Rules of Practice, Delta asks the Department to take official notice of all 

data on file with the Department necessary to establish Delta’s fitness.

3. Delta requests that the exemption is granted as soon as possible so that 

Delta can market this services without delay.

4. Delta affirms that its operation of these routes will have no impact on 

Delta’s Civil Reserve Air Fleet (“CRAF”) commitment.

5. The environmental impacts of Delta’s proposed services are de minimis, 

and Delta does not anticipate that the proposed services will cause a near-term net 

annual change in aircraft fuel consumption of 10 million gallons or more. 
Delta Application

Page 3

WHEREFORE, Delta requests issuance of exemption authorities to engage in 

scheduled foreign air transportation of persons, property, and mail on the Seattle-San 

Jose del Cabo route. 

Respectfully submitted,

_____________________

Alexander Van der Bellen

Managing Director, Regulatory and 

International Affairs & Associate General 

Counsel

DELTA AIR LINES, INC.
CERTIFICATE OF SERVICE

A copy of the foregoing Application has been served this 4th day of February, 2014, 

upon the following persons via email:

Air Carrier Name Email Address

Alaska Airlines Marshall Sinick msinick@ssd.com

American Francis Heil francis.heil@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

Spirit Airlines David Kirstein dkirstein@yklaw.com

Spirit Airlines Joanne Young jyoung@yklaw.com

Sun Country John Fredericksen john.fredericksen@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

US Airways Benjamin Slocum benjamin.slocum@usairways.com

US Airways Howard Kass howard_kass@usairways.com

Virgin America Barbara Russell barbara.russell@virginamerica.com

Esta Rosenberg esta.rosenberg@dot.gov

Brian Hedberg brian.hedberg@dot.gov

Robert Finamore robert.finamore@dot.gov

Brett Kruger brett.kruger@dot.gov

Info info@airlineinfo.com