BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Joint Application of ) ) AEROLITORAL, S.A. DE C.V. ) DOCKET OST

- 2014 -_____

D/B/A AEROMEXICO CONNECT, ) AEROVIAS DE MEXICO, S.A. DE C.V. , and ) DELTA AIR LINES, INC. ) ) for exemptions and a code

- share ) statement of authorization ) ( Guadalajara/Monterrey – New York ) ) __________________________________________) EXPEDITED ACTION REQUESTED JOINT APPLICATION OF AEROLITORAL, S.A. DE C.V., A EROVIAS DE MEXICO, S.A. DE C.V., AND DELTA AIR LINES, INC. FOR EXEMPTION S AND A STATEMENT OF AUTHORIZATION Communications with respect to this document should be sent 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 AEROLITORAL

and AEROMEXICO 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 NOTICE: Any person may support or oppose this application by filing an answer and serving a copy of the answer on counsel for the Joint Applicants and upon persons served with this application no later than September 18 , 2014. THE JOINT APPLICANTS INTEND TO POLL. September 3, 2014BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Joint Application of ) ) AEROLITORAL, S.A. DE C.V. ) DOCKET OST

- 201 4-____

D/B/A AEROMEXICO CONNECT, ) AEROVIAS DE MEXICO, S.A. DE C.V., and ) DELTA AIR LINES, INC. ) ) for exemptions and a code

- share ) September 3, 2014 statement of authorization ) ( Guadalajara/Monterrey – New York) ) __________________________________________) EXPEDITED ACTION REQUESTED JOINT APPLICATION OF AEROLITORAL, S.A. DE C.V., AEROVIAS DE MEXICO, S.A. DE C.V., AND DELTA AIR LINES, INC. FOR EXEMPTION S AND A STATEMENT OF AUTHORIZATION Aerolitoral, S.A. de C.V. d/b/a Aeromexico Connect, Aerovias de Mexico, S.A. de C.V. ("Aeromexico") , and Delta Air Lines, Inc. (“Delta”) (together, the “Joint Applicants”) respectfully apply for the following authority to engage in scheduled, foreign air transportation of persons, property, and mail between Guadalajara and Monterrey, Mexico, on the one hand, and New York, New York on the other: ( 1) an exemption, for an initial one

- year period and pursuant to 49 U.S.C. § 4 0109, authorizing Aerolitoral to operate such service; (2) a code

- share exemption, for an initial one

- year period and pursuant to 49 U.S.C. § 40109, authorizing Aeromexico to operate such service by placing its code on Aerolitoral flights; 1

1 / Aeromexico currently holds an exemption, issued by Notice of Action Taken dated September 10, 2013 in Docket OST

- 2013

- 0168 , to operate service in the Guadalajara

New York market, but it does not intend to renew that exemption.Aerolitoral Aeromexico Delta Application Page 2 (3) a code

- share exemption, for an initial period of two years, authorizing Delta to operate such service by placing its code on Aerolitoral 2 ; (4 ) a statement of authorization , of indefinite duration and pursuant to 14 C.F.R. Part 212, permitting Aerolitoral to display the AM* and DL* designator codes of Aeromexico and Delta, respectively, on Aerolitoral

operated flights on this route ; and (5) W aiver of the 45

- day advance filing requirement for the codesh are statement of authorization under 14 C.F.R. Part 212.

T he Joint Applicants request expedited consideration of this application , and

a fter polling U.S. carriers served with it , they will report the poll results to the Department. In support of thi s Joint Application, the Joint Applicants state as follows: 1. Aerolitoral and Aeromexico are flag carriers of the United Mexican States that hold a range of Department permit and exemption authority to provide service between Mexico and numerous U.S. po ints. T hey provide extensive transborder service pursuant to this authority, generally under Aeromexico’s “AM” code. Aerolitoral proposes initially to operate daily Guadalajara

- Monterrey

- New York (JFK) service with Embraer ERJ

- 190 aircraft. 2. Annex 1 to the 1960 Air Transport Agreement, as amended, between the United Mexican States and the United States provides that a carrier designated by the Government of Mexico is entitled to operate "[f]rom a point

2/ Delta requests the authori ty for an initial, two

- year period and further request s the Department transmit the necessary code

- share designation to the Government of Mexico to facilitate Mexican licensing of Delta’s proposed services on Aerolitoral under the U.S.

- Mexico Air Transport Agreement

.Aerolitoral Aeromexico Delta Application Page 3 or points in Mexico to a point or points in the United States." The Joint Applicants understand that Aerolitoral has been or will shortly be designated to serve the route. 3 Further, under Annex 3 either party may authorize an airline to serve a transborder route by displaying its code on flights of an airline designated to operate service on that route. The Mexican Direccion General de Aeronautica Civil is expected to authorize Aerolitoral and Aero mexico to engage in code

- share operations over the route and to confirm this authorization in writing to the U.S. government. For all these reasons, the proposed Aerolitoral-Aeromexico code

- share service is consistent with the agreement and, therefore, th e public interest.
3

. Delta also is fit, willing, and able to engage in these services on a code

- share basis, as it operates numerous U.S.

- Mexico transborder services under various exemptions and pursuant to Delta’s certificate authority for Route 901. S ee Order 2010 -3- 12. Delta also requests that the Department take official notice, pursuant to Rule 24 of the Department’s Rules of Practice, of all data on file with the Department necessary to establish its fitness.
4

. Approval of the requested code

- sharing auth ority as to Delta also is in the public interest. Delta’s proposed code

- share service will further

3/ Designation of a carrier by its homelan d government is the most significant factor in determining whether grant of an application is in the public interest. See, e.g., Bluebird Cargo Ltd. , Order 2004 -8- 24 at 3

- 4; Fast Air Carrier Ltda., Permit Amendment , Order 82 -2- 66 at 3

- 4.