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 for a statement of authorization under 14 C.F.R. Part 212

( Los Angeles

– Ixtapa/ Zihuatanejo & Manzanillo
, Seattle

– Puerto Vallarta ) ) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 201 4

-

Application of

AEROVIAS DE MEXICO, S.A. de C.V.

for an exemption pursuant to 49 U.S.C. § 40109

(Los Angeles

– Ixtapa/ Zihuatanejo & Manzanillo, Seattle

– Puerto Vallarta) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 1997

- 3289 Docket DOT

- OST

- 2000

- 7708

JOINT APPLICATION OF DELTA AIR LINES, INC., and AEROVIAS de MEXIC O, S.A. de C.V.

Communications with respect to this document should be addressed to:

John R. Mietus, Jr. LAW OFFICE OF JOHN MIETUS, LLC 6701 Democracy Boulevard Ste 300 Bethesda, Maryland 20817 (202) 747

- 5212 john @mietuslaw.com

Counsel for AEROVIAS de MEXICO, S.A. de C.V. 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

May 23

, 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 for a statement of authorization under 14 C.F.R. Part 212

(Los Angeles

– Ixtapa/ Zihuatanejo & Manzanillo, Seattle

– Puerto Vallarta) ) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 2014

-

Application of

AEROVIAS DE MEXICO, S.A. de C.V.

for an exemption pursuant to 49 U.S.C. § 40109

(Los Angeles

– Ixtapa/ Zihuatanejo & Manzanillo, Seattle

– Puerto Vallarta) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 1997

- 3289 Docket DOT

- OST

- 2000

- 7708

JOINT APPLICATION OF DELTA AIR LINES, INC., and AEROVIAS de MEXIC O, S.A. de C.V.

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

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

4 1101 authorizing Delta to engage in scheduled foreign air transportation of persons,

property, and mail between Los Angeles ( LAX ) on the one hand, and Ixtapa/ Zihuatanejo

(ZIH) & Manzanillo (ZLO) , Mexico on the other ; and between Seattle ( SEA ) and Puerto

Vallarta ( PVR )

. Delta seeks a statement of authorization to carry Aerovias de Mexico,

S.A. de C.V. (“Aeromexico”) “AM*” code on these services. In addition, AeromexicoJoint Application Page 2

hereby applies for an exemption to include the display of Aeromexico's "AM*" code on

these routes

.

Delt a would like to add new seasonal service on these routes starting December

20, 2014 and plans to offer daily service for Los Angeles

– Ixtapa/ Zihuatanejo

, 3x weekly

service for Los Angeles

– Manzanillo , and daily service for Seattle

– Puerto Vallarta

.
Delta plans to utilize 160

- seat Boeing 737

- 800 aircraft, equipped with 16 first class, 18

economy comfort class, and 126 economy class seats.

In support of this Joint Application, Delta and Aeromexico (the “Joint Applicants”)

state as follows:

1. The Joint Applicants request the issuance of the following authorities:

a) an exemption to Delta, pursuant to 49 U.S.C. § 40109, authorizing

Delta to engage in scheduled foreign air transportation of persons,

property and mail on the Los Angeles

– Ixtapa/ Zihuatanejo , L os

Angeles

– Manzanillo , and Seattle

– Puerto Vallarta routes, granted

as soon as possible for a period of at least two years ;

b) an exemption to Aeromexico from 49 U.S.C. § 41301, pursuant to

49 U.S.C. § 40109, authorizing Aeromexico to engage in scheduled

foreign air transportation of persons, property and mail on the Los

Angeles

– Ixtapa/ Zihuatanejo , Los Angeles

– Manzanillo , and

Seattle

– Puerto Vallarta routes on a code

- share basis on flights

operated by Delta ; and

c) a statement of authorization to Delta, pursuant to 14 C.F.R. Part

212, to permit Delta to display Aeromexico’s “AM*” designator code

on flights operated by Delta on the Los Angeles

–
Ixtapa/ Zihuatanejo , Los Angeles

– Manzanillo , and Seattle

– Puerto

Vallarta routes

.Joint Application Page 3

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

shippers and is clearly in the public interest. The re quested exempt ion authority is fully

consistent with the terms of the U.S.

- Mexico Air Transport Agreement (“Agreement”) as

amended by the agreement s igned 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 ). T hree U.S. carrier desi gnations are authorized for each of the requested

routes

. Agreement Annex I(B)(4

- 5 )

. The Los Angeles

– Ixtapa/ Zihuatanejo route ha s

two designations available with one already awarded to Alaska Airlines

. The Los

Angeles

– Manzanillo route has two designations available with one already awarded to

Alaska Airlines

. The Seattle

– Puerto Vallarta route has two designations available, with

one already awarded to Alaska Airlines. Delta requests that the Department promptly

notify the Government of Mexico of Delta’s designation on this route.

3. Aeromexico is a flag carrier of the United Mexican States and holds a

foreign air carrier permit which authorizes service between Mexico and numerous U.S.

points. Order 91

- 5

- 25. Pursua nt to its permit and various exemption authorities,

Aeromexico provides extensive service between Mexico and the United States.

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

exemptions authorizing it to engage in scheduled foreig n 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 Departm ent to take official notice of all

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

5. The Joint Applicants plan to introduce the proposed codeshare service s

upon receipt of all necessary DOT and Mexico DGAC approvals, and request t hat the

exemption s and statement s of authorization are granted as soon as possible so thatJoint Application Page 4

Delta and Aeromexico can market these service s without delay. 1 Aeromexico reque sts

that its exemption authorities be effective for a period of at least one year

. Delta

request s that its codesharing statement s of authorization remain in effect indefinitely,

consistent with the duration of the U.S.

– Mexico codeshare authorities granted by DOT

Order 99

- 6

- 6.

6. The proposed codeshare service s will be operated pursuant to the

existing Delta/Aeromexico codeshare agreement previously approved by the

Department.

7. Approval of the requested codeshare authorities is in the public interest

and will provide important additional service and competitive o ptions to U.S.

– Mexico

travelers and shippers. Authorizing Aeromexico to display its code on these additional

Delta operated transborder route s will enhance competition and expand price and

service options for U.S.

– Mexico travelers.

8. Approval of the codeshare exemption s and statement s of authorization is

consistent with the U.S.

– Mexico Air Transport Services Agreement, including the

amendment that was signed on December 12, 2005. The Department has granted

multiple similar U.S.

– Mexico transborder codesharing requests, finding that the

exercise of such codeshare rights “will benefit travelers, shippers, businesses, cities,

airlines, and airports.” DOT Order 99

- 6

- 6, at 6. The Mexican government will notify the

U.S. government of Aeromexico’s desig nation s to codeshare on each of the above

mentioned routes operated by Delta.

1 To the extent necessary, 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. In the eve nt that Delta’s exemption request is ripe for action before DOT has received the codeshare designation for Aeromexico from Mexico DGAC, Delta requests that its exemption be approved and action deferred on the Aeromexico portion of this application.Joint Application Page 5

9. The Joint Applicants will cond uct these codeshare service s in accordance

with 14 C.F.R. Part 257 and the other conditions normally imposed by the Department

on codesharing statem ents of authorization.

10. D elta affirms that its operation of these route s will have no impact on

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

11. 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.

WHEREFORE, Delta requests issuance of exemption authorities to engage in

scheduled foreign air trans portation of per sons, property, and mail on the Los Angeles

–
Ixtapa/ Zihuatanejo , Los Angeles

– Manzanillo , and Seattle

– Puerto Vallarta routes

.
Also, Aeromexico and Delta request that the Department promptly grant the codeshare

ex emption authorities and statement s of authorization described herein.

Respectfully submitted,

/s/ John R. Mietus, Jr. /s/

_______________________ _____________________

John R. Mietus, Jr. Law Office of John Mietus, LLC

Counsel for For AEROVIAS de MEXICO, S.A. de C.V. 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 23 rd day of March, 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 K neisley 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 j ohn. f redericksen@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

Esta Rosenberg e sta.rosenberg@dot.gov Brian Hedberg brian.hedberg@dot.gov Robert Finamore robert.finamore@dot.gov Brett Kruger brett.krug er@dot.gov Info info@airlineinfo.com