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 exemption s 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 MEXIC O, 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@ SkyWes t .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 , 201 5 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 MEXIC O, 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 th e Department’s Rules of
Practice , SkyWest Airlines, Inc. (“ SkyWest ”) hereby applies for an exemption from 49
U.S.C. § 4 1101 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 code s 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*” code s on LAX

- BJX

. Del ta 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 1 2 first class, 1 2 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

trans portation of persons, property and mail on the Los Angeles

Leon/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 D elta to engage in scheduled foreign air transportation of persons, property and mail on the Los Angeles

Leon/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 code s on flights operated by SkyWest on the Los Angeles

- Leon/Guanajuato route

. 2. The proposed service will provide significant benefits to traveler s 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 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 ). T wo 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

- Que retaro/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 an d 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 service s upon receipt of all necessary DOT and Mexico DGAC approvals, and request t hat theJoint Application Page 4

exemption s and statement of authorization are granted as soon as possible so that SkyWest , Delta and Aeromexico can market these service s without delay. 2 SkyWest request s that its codesharing statement of authorization remain in effect indefinitely,
consisten t with the duration of the U.S.

- Mexico codeshare authorities granted by DOT
Order 99

- 6

- 6.
7. The proposed codeshare service s will be operated pursuant to the existing Delta/Aeromexico codeshare agreement previously approved by the Department.
8. Approva l of the requested codeshare authorities is in the public interest and will provide important additional service an d competitive options to U.S.

- Mexico travelers and shippers. Authorizing Delta to display i ts code on th is additional, SkyWest

operated 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 authorizatio n 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 benef it travelers, shippers, businesses, cities, airlines, and airports.” DOT Order 99

- 6

- 6, at 6.
10. 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 statements of authorization.
11. D elta affirms that its operation of these route s 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 i ssuance of exemption authority to engage in scheduled foreign air transportation of per sons, property, and mail on the Los Angeles

Leon/Guanajuato route

. Also, SkyWest , Aeromexico and Delta request that the Department promptly grant the codeshare ex emption authori ty 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 19 th 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 S pirit 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