BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Joint Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) 

DELTA AIR LINES, INC. and ) DOCKET OST-2013- 

EXPRESSJET AIRLINES, INC. ) 

 ) 

for exemptions and a code-share ) 

statement of authorization ) 

(Atlanta-Leon/Guanajuato) ) 

__________________________________________) 

EXPEDITED ACTION REQUESTED 

JOINT APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V., DELTA 

AIR LINES, INC. AND EXPRESSJET AIRLINES, INC. FOR EXEMPTIONS 

AND A CODE-SHARE 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 AEROVIAS DE 

MEXICO, S.A. DE C.V. 

Gerald F. Murphy 

Steven J. Seiden 

CROWELL & MORING LLP 

1001 Pennsylvania Ave. N.W. 

Washington, DC 20004 

(202) 624-2500

gmurphy@crowell.com 

sseiden@crowell.com 

Counsel for EXPRESSJET AIRLINES, INC. 

Alexander Van der Bellen 

Managing Director – Government 

Affairs & Associate General Counsel 

Christopher Walker 

Regional Director – Government 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 June 14, 2013. THE JOINT APPLICANTS INTEND TO POLL. 

May 30, 2013
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________

 ) 

Joint Application of ) 

 )

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

DELTA AIR LINES, INC. and ) DOCKET OST-2013- 

EXPRESSJET AIRLINES, INC. ) 

 ) May 30, 2013 

for exemptions and a code-share ) 

statement of authorization ) 

(Atlanta-Leon/Guanajuato) ) 

__________________________________________) 

EXPEDITED ACTION REQUESTED 

JOINT APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V., DELTA 

AIR LINES, INC. AND EXPRESSJET AIRLINES, INC. FOR EXEMPTIONS 

AND A CODE-SHARE STATEMENT OF AUTHORIZATION 

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

(“Delta”) and ExpressJet Airlines, Inc. (“ExpressJet”) (together, the “Joint 

Applicants”) respectfully apply for the following authority to engage in 

scheduled, foreign air transportation of persons, property, and mail between 

Leon/Guanajuato, Mexico and Atlanta, Georgia: (1) an exemption, pursuant 

to 49 U.S.C. § 40109, authorizing ExpressJet to provide such transportation 

as a Delta Connection carrier; (2) a statement of authorization permitting 

ExpressJet to display Aeromexico’s AM* designator code on ExpressJetoperated flights on this route; (3) a code-share exemption authorizing Delta to 

engage in such transportation pursuant to its capacity purchase agreement 

with ExpressJet; and (4) a code-share exemption authorizing Aeromexico to 

engage in such transportation, pursuant to its code-share agreement with 
- 2 - Aeromexico/Delta/ExpressJet 

Joint Application 

Delta, by placing its AM* designator code on flights operated by ExpressJet 

d/b/a Delta Connection on this route. The Joint Applicants further request 

the Department transmit the necessary operating and code-share 

designations to the Government of Mexico to facilitate Mexican licensing of 

the proposed services under the U.S.-Mexico Air Transport Agreement, as 

amended in 1999 and 2005. So that they may begin marketing service 

proposed for December 19, 2013, the Joint Applicants request expedited 

consideration of this application; after polling U.S. carriers served with this 

application, they will report the poll results to the Department. In support of 

this Joint Application, the Joint Applicants state as follows: 

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

currently holds a permit and various exemptions which authorize service 

between Mexico and numerous U.S. points. See Order 91-5-25. Pursuant to 

this authority, Aeromexico provides extensive transborder service. By this 

application, Aeromexico seeks an exemption to engage in scheduled, 

combination service in the Leon/Guanajuato-Atlanta market by placing its 

AM* designator code on flights operated by ExpressJet d/b/a Delta 

Connection. 

2. Delta is fit, willing, and able to engage in these services on a codeshare basis, as it operates numerous U.S.-Mexico transborder services under 

various exemptions and pursuant to Delta’s certificate authority for Route 

901. See Order 2010-3-12. Delta also requests that the Department take 
- 3 - Aeromexico/Delta/ExpressJet 

Joint Application 

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. 

3. ExpressJet is fit, willing and able to perform the Leon/GuanajuatoAtlanta services described herein. ExpressJet 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., Order 2012-1-3. By this application, ExpressJet 

seeks an exemption to operate Leon/Guanajuato-Atlanta year-round 

scheduled service as a Delta Connection carrier with CRJ-900 or CRJ-700 

aircraft from its existing fleet, as demand requires, with plans to commence 

service on or about December 19, 2013, provided that all necessary approvals 

have been secured. ExpressJet will operate these services pursuant to a 

capacity purchase agreement with Delta. ExpressJet also seeks a statement 

of authorization permitting it to display Aeromexico’s AM* designator code on 

ExpressJet’s flights on this route. ExpressJet requests that the Department, 

pursuant to Rule 24 of its Rules of Practice, take official notice of all 

information and data that have been previously filed to establish 

ExpressJet's fitness. 

4. The requested authority is consistent with the Air Transport 

Agreement, as amended, between the United Mexican States and the United 

States. As to Aeromexico, Annex 1 provides that a carrier designated by the 

Government of Mexico is entitled to operate "[f]rom a point or points in 
- 4 - Aeromexico/Delta/ExpressJet 

Joint Application 

Mexico to a point or points in the United States," and 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. 

Under 49 U.S.C. § 40109(c), the Department may grant a foreign carrier an 

exemption if it finds that a grant is consistent with the public interest, and 

designation of a carrier by its homeland government is the most significant 

factor in this analysis. See, e.g., Order 2004-8-24 at 3-4; Order 82-2-66 at 3-4. 

Aeromexico expects the Mexican DGAC shortly to notify the U.S. government 

that the DGAC has authorized Aeromexico to offer code-share service on this 

route.1 

5. The U.S.-Mexico Agreement further provides that “either of the 

Parties shall be entitled to designate two airlines to provide scheduled 

combination services on any city pair between the two territories that may be 

served under the Agreement, ” Annex 1, para. B(4), and that any designated 

U.S. airline “may enter into cooperative marketing arrangements” with 

another airline so long as both airlines “hold the appropriate authority” and 

“meet the requirements normally applied to such arrangements.” Annex 3, 

para. 1. These provisions support grant of the requested Delta and 

 

1 Delta and ExpressJet request action on their portion of the Joint Application as soon as 

practicable. If the Mexican DGAC has yet to act on Aeromexico’s request, the Joint 

Applicants ask that the Department defer action on the Aeromexico portion of the 

application once the Department is prepared to act on the Delta/ExpressJet portions of the 

Joint Application. 
- 5 - Aeromexico/Delta/ExpressJet 

Joint Application 

Expressjet authority. Awarding the Joint Applicants the authority for which 

they apply would comply fully with the terms of the U.S.-Mexico Agreement 

and introduce attractive new service to the U.S. traveling public to meet 

demand in the Atlanta-Leon/Guanajuato market. 

6. Approval of the requested code-sharing authority is in the public 

interest. Authorizing Delta and Aeromexico to offer service in the 

Leon/Guanajuato-Atlanta market on ExpressJet’s flights will enhance 

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

The Department has granted similar U.S. – Mexico transborder codesharing 

requests, finding that the exercise of such codeshare rights “will benefit 

travelers, shippers, businesses, cities, airlines, and airports.” See, e.g., Order 

99-6-6, at 6. Moreover, 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.