BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

)

DELTA AIR LINES, INC. )

) DOCKET OST-2014-0015

for an exemption and a code-share )

statement of authorization )

(Seattle-San Jose del Cabo) )

__________________________________________)

__________________________________________

)

Application of )

)

AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-1997-3289

) DOCKET OST-2000-7708

for an amended exemption )

(Seattle-San Jose del Cabo) )

__________________________________________)

AMENDED APPLICATION OF AEROVIAS DE MEXICO,

S.A. DE C.V. AND DELTA AIR LINES, INC. FOR EXEMPTIONS

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 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 February 21, 2014. THE 

JOINT APPLICANTS INTEND TO RE-POLL.

February 6, 2014
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

)

DELTA AIR LINES, INC. ) 

) DOCKET OST-2014-0015

for an exemption and a code-share ) February 6, 2014

statement of authorization )

(Seattle-San Jose del Cabo) )

__________________________________________)

__________________________________________

)

Application of )

)

AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-1997-3289

) DOCKET OST-2000-7708

for an amended exemption )

(Seattle-San Jose del Cabo) )

__________________________________________)

AMENDED APPLICATION OF AEROVIAS DE MEXICO,

S.A. DE C.V. AND DELTA AIR LINES, INC. FOR EXEMPTIONS

AND A STATEMENT OF AUTHORIZATION

Aerovias de Mexico, S.A. de C.V. ("Aeromexico") and Delta Air Lines, 

Inc. (“Delta”) (together, the “Joint Applicants”) respectfully amend the Delta 

exemption application filed February 4, 2014 in Docket OST-2014-0015 so as 

to apply jointly for the following authority to engage in scheduled, foreign air 

transportation of persons, property, and mail in a new Mexico-U.S. city-pair 

market as described below:
Delta and Aeromexico

Amended Application

Page 2

(1) an exemption, pursuant to 49 U.S.C. § 40109 and for an initial period 

of two years, authorizing Delta to operate such service in the Seattle, 

Washington – San Jose del Cabo, Mexico market;

(2) a statement of authorization, pursuant to 14 C.F.R. Part 212 and of 

indefinite duration, permitting Delta to display the AM* designator 

code of Aeromexico on Delta-operated flights in this market; and

(3) a code-share exemption, for an initial period of one year, authorizing 

Aeromexico to engage in such transportation in this city-pair market 

by placing its code on Delta.1

So that the Joint Applicants may begin marketing service in this additional 

market, they request expedited Department action and will report the results 

of their poll of U.S. carriers served with the Joint Application.2

In support of Aeromexico’s addition to this Joint Application, the Joint 

Applicants state as follows:

1. Support for Delta’s request for seasonal operating authority is 

contained in its original, February 4, 2014 application.

2. So that Aeromexico may offer code-share service on the route 

pursuant to its longstanding code-share agreement with Delta, the Joint 

Applicants also request code-share exemption authority for Aeromexico, and 

a statement of authorization authorizing Delta to carry Aeromexico’s code, in 

 

1/ Delta further requests the Department transmit the necessary code-share 

designation to the Government of Mexico to facilitate Mexican licensing of Delta’s 

proposed services on Aeromexico under the U.S.-Mexico Air Transport Agreement.

2/ In the event 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. Further, to the extent necessary, the Joint Applicants request a waiver 

of the 45-day advance notice requirement prescribed by 14 C.F.R. § 212.10(d)(2).
Delta and Aeromexico

Amended Application

Page 3

the market. Aeromexico is a flag carrier of the United Mexican States that 

holds Department permit and exemption authority to provide service between 

Mexico and numerous U.S. points, and it provides extensive U.S.-Mexico 

service.

3. Approval of the requested codeshare authority is in the public 

interest and will provide important additional service and competitive 

options to U.S. – Mexico travelers and shippers. Authorizing Aeromexico to 

display its code on this additional, Delta-operated transborder route will 

enhance competition and expand price and service options for U.S. – Mexico 

travelers. 

4. 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. The Mexican government will notify the U.S. government 

of Aeromexico’s designation to codeshare on the route, and the amended 

agreement authorizes up to ten carriers from each country to provide 

codeshare services on any nonstop U.S.–Mexico city-pair segment, leaving 

abundant opportunities for other carriers.