BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of

DELTA AIR LINES, INC.;

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

for an exemption pursuant to 49 U.S.C. § 40109 and for a statement of authorization under 14 C.F.R. Part 212

( Seattle

- Cancun ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 201 5

- 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 chris.walker@delta.com

May 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.;

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

for an exemption pursuant to 49 U.S.C. § 40109 and for a statement of authorization under 14 C.F.R. Part 212

( Seattle

- Cancun ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 2013

- 0115 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 own

- metal scheduled foreign air transportation of

persons, property, and mail between Seattle ( SEA ) and Cancun , Mexico ( CUN )

. Delta

seeks a statement of authorization to carry the code of Aerovias de Mexico, S.A. de C.V.

(“Aeromexico”) code on this route. In addition, Aeromexico hereby applies for an

exemption to include the displa y of Ae romexico's "AM*" code on SEA

- CUN

. Delta would like to add new seasonal, once weekly service on this route starting

December 19, 2015. Delta plans to utilize 180

- seat Boeing 757

- 200 aircraft, equipped

with 24 first class, 21 economy comfort class, and 135 economy class seats.

In support of this Joint Application, Delta and Aeromexico 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,Joint Application Page 2

property and mail on the Seattle

- Cancun route

, 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

Seattle

- Cancun route on a code

- share basis on flights operated b y

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 Seattle

- Cancun route

.

2. The proposed service will provide significant benefi ts 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). T hree U.S. carrier designations are authorized for the Seattle

- Cancun route

. Agreement Annex I(B)(4

- 5) . Two designations are currently available , with one already

assigned to Alaska Airlines . Delta requests that the Department promptly notify the

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

3. Ae romexico 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. Order 91

- 5

- 25. Pursuant to this authority

,

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 foreign air transportation of persons,Joint Application Page 3

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 Depar tment 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 of authorization are granted as soon as possible so that Delta

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

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 an d competitive options to U.S.

- Mexico

travelers and shippers. Authorizing Delta to carry Aeromexico ’s code on th is additional,

transborder route will enhance competition and expand price and service options for

U.S.

- Mexico travelers.

8. Approval of the 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

tr ansborder codesharing requests, finding that the exercise of such codeshare rights “will

1 To the extent necessary, the Joi nt 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 notification for Aeromexico from Mexico’s DGAC, Delta requests that its exemption be approved and action deferred on the Aeromexico portion of this application.Joint Application Page 4

benefit travelers, shippers, businesses, cities, airlines, and airports.” DOT Order 99

- 6

- 6,

at 6.

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 statements 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 and Aeromexico request i ssuance of exemption authority

and a statement of authorization to engage in scheduled foreign air transportation of

per sons, property, and mail on the Seattle

- Cancun route

.

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 19 th day of May , 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@coze n.com Frontier Steve Lachter s lachter@ cozen.com Hawaiian Jonathan Hill jhill@cooley.com Hawaiian Parker Erkmann perkmann@cooley.com JetBlue Robert Land robert.land@jetblue.com JetBlue Evelyn Sahr esahr@eckertseamans.com JetBlue Drew Derco dderco@eckertseamans.com Republic Bob Cohn robert.cohn@hoganlovells.com Repub lic 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 John Varley john.varley@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