BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

DELTA AIR LINES, INC.;

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

and

SKYWEST AIRLINES, INC.

for exemptions pursuant to

49 U.S.C. § 40109 and 

for a statement of authorization

under 14 C.F.R. Part 212

(Los Angeles-Leon/Guanajuato)

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Docket DOT-OST-2013-0114 

Docket DOT-OST-1997-3289

Docket DOT-OST-2000-7708

JOINT APPLICATION OF DELTA AIR LINES, INC.;

AEROVIAS de MEXICO, S.A. de C.V.; AND SKYWEST AIRLINES, INC. 

FOR EXEMPTIONS AND A STATEMENT OF AUTHORIZATION

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. 

Todd C. Emerson

General Counsel

SKYWEST AIRLINES, INC.

444 South River Road

St. George, Utah 84790

(435) 634-3530

temerson@SkyWest.com

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

March 19, 2015

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.;

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

and

SKYWEST AIRLINES, INC.

for exemptions pursuant to

49 U.S.C. § 40109 and 

for a statement of authorization

under 14 C.F.R. Part 212

(Los Angeles-Leon/Guanajuato)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

Docket DOT-OST-2013-0114 

Docket DOT-OST-1997-3289

Docket DOT-OST-2000-7708

JOINT APPLICATION OF DELTA AIR LINES, INC.; 

AEROVIAS de MEXICO, S.A. de C.V.; AND SKYWEST AIRLINES, INC. 

FOR EXEMPTIONS AND A STATEMENT OF AUTHORIZATION

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

Practice, SkyWest Airlines, Inc. (“SkyWest”) hereby applies for an exemption from 49 

U.S.C. § 41101 authorizing SkyWest to engage in scheduled foreign air transportation of 

persons, property, and mail between Los Angeles, CA (LAX) and Leon/Guanajuato, 

Mexico (BJX). SkyWest seeks a statement of authorization to carry the codes of Delta 

Air Lines, Inc. (“Delta”) and Aerovias de Mexico, S.A. de C.V. (“Aeromexico”) on this 

route. In addition, Delta hereby applies for a codeshare exemption to include the display 

of Delta’s “DL*” codes on LAX-BJX.

Delta would like to adjust frequency on this route starting September 1, 2015. 

Delta plans to utilize SkyWest operated 76-seat Bombardier CRJ900 aircraft, equipped 

with 12 first class, 12 economy comfort class, and 52 economy class seats. 
Joint Application

Page 2

In support of this Joint Application, Delta, Aeromexico, and SkyWest state as 

follows:

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

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

authorizing SkyWest to engage in scheduled foreign air 

transportation of persons, property and mail on the Los AngelesLeon/Guanajuato route, granted as soon as possible for a period of 

at least two years;

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

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

transportation of persons, property and mail on the Los AngelesLeon/Guanajuato route on a code-share basis for flights operated by 

SkyWest granted as soon as possible for a period of at least two 

years;

1 and

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

212, to permit SkyWest to display Delta’s “DL*” and Aeromexico’s 

“AM*” designator codes on flights operated by SkyWest on the Los 

Angeles-Leon/Guanajuato route.

2. 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 

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). Two U.S. carrier designations are authorized for the requested route. 

1 Aeromexico already holds permit authority on this route. Order 91-5-25.

 
Joint Application

Page 3

Agreement Annex I(B)(4-5). SkyWest already holds a designation for service on this 

route. Ten carriers are allowed to codeshare on this route, and only one currently does 

so, leaving sufficient codeshare authority available for Delta.

3. SkyWest is a well-established regional carrier and holds various 

certificate and exemption authorities permitting it to engage in scheduled interstate and 

foreign air transportation of persons, property and mail. See, e.g., Orders 2011-12-11 at 

4, n. 17 (finding that SkyWest remains fit to conduct operations as a U.S. certificated air 

carrier following a continuing fitness review) and 2008-4-26 (blanket open-skies); and 

Notices of Action Taken dated October 2, 2012 in Dockets DOT-OST-2006-25495 (Salt 

Lake City-Guadalajara/Mazatlan/San Jose del Cabo) and DOT-OST-2007-29016 (Salt 

Lake City-Puerto Vallarta) and January 28, 2013 in Docket DOT-OST-2013-0017 

(Houston-Queretaro/Tampico/Villahermosa). Pursuant to Rule 24 of the Department’s 

Rules of Practice, SkyWest asks the Department to take official notice of all data on file 

with the Department necessary to establish SkyWest’s fitness.

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

foreign air carrier permit, Order 91-5-25, and exemptions authorizing service between 

Mexico and numerous U.S. points. Pursuant to this authority, Aeromexico provides 

extensive service between Mexico and the United States.

5. 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.

6. The Joint Applicants plan to introduce the proposed codeshare services

upon receipt of all necessary DOT and Mexico DGAC approvals, and request that the 
Joint Application

Page 4

exemptions and statement of authorization are granted as soon as possible so that 

SkyWest, Delta and Aeromexico can market these services without delay.2 SkyWest

requests that its codesharing statement of authorization remain in effect indefinitely, 

consistent with the duration of the U.S.-Mexico codeshare authorities granted by DOT 

Order 99-6-6.

7. The proposed codeshare services will be operated pursuant to the 

existing Delta/Aeromexico codeshare agreement previously approved by the 

Department.

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

and will provide important additional service and competitive options to U.S.-Mexico 

travelers and shippers. Authorizing Delta to display its code on this additional, SkyWestoperated transborder route will enhance competition and expand price and service 

options for U.S.-Mexico travelers.

9. Approval of the codeshare exemption and statement 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. 

10. 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.

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

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

2 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. 

 
Joint Application

Page 5

12. 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, SkyWest requests issuance of exemption authority to engage in 

scheduled foreign air transportation of persons, property, and mail on the Los AngelesLeon/Guanajuato route. Also, SkyWest, Aeromexico and Delta request that the 

Department promptly grant the codeshare exemption authority and statement 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.

/s/ Todd Emerson /s/

_______________________________

Todd Emerson

General Counsel

SKYWEST AIRLINES, INC.
CERTIFICATE OF SERVICE

A copy of the foregoing Application has been served this 19th day of March, 2015, 

upon the following persons via email:

Air Carrier Name Email Address

Alaska Airlines David Heffernan dheffernan@cozen.com

Alaska Airlines Jeremy Ross jeremy.ross@alaskaair.com

American Howard Kass howard.kass@aa.com

American Robert Wirick robert.wirick@aa.com

Frontier Mark Atwood matwood@cozen.com

Frontier Steve Lachter stephen.lachter@lachterlaw.com

Hawaiian/JetBlue Jonathan Hill jhill@cooley.com

Hawaiian/JetBlue Parker Erkmann perkmann@cooley.com

JetBlue Robert Land robert.land@jetblue.com

Republic Bob Cohn robert.cohn@hoganlovells.com

Republic Pat Rizzi patrick.rizzi@hoganlovells.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

Virgin America Barbara Russell barbara.russell@virginamerica.com

Brian Hedberg brian.hedberg@dot.gov

Robert Finamore robert.finamore@dot.gov

Brett Kruger brett.kruger@dot.gov

Reese Davidson reese.davidson@dot.gov

Info info@airlineinfo.com