BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

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

DELTA AIR LINES, INC. 

PINNACLE AIRLINES, INC. 

for exemptions under 49 U.S.C. § 40109, a 

statement of authorization under 14 C.F.R. Part 

212, and special authorization under 14 C.F.R Part 

216 

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Docket DOT-OST-2000-7708

 

Joint Application of 

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

DELTA AIR LINES, INC. 

PINNACLE AIRLINES, INC. 

for exemptions under 49 U.S.C. § 40109, a 

statement of authorization under 14 C.F.R. Part 

212, and special authorization under 14 C.F.R Part 

216 

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Docket DOT-OST-1997-3289 

JOINT APPLICATION OF 

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

DELTA AIR LINES, INC., and PINNACLE AIRLINES, INC.

Communications with respect to this document should be addressed to: 

William C. Evans 

LAW OFFICE OF JOHN L. MIETUS, LLC 

6701 Democracy Boulevard #300 

Bethesda, Maryland 20817 

(410) 827-5074 

bill@mietuslaw.com 

Counsel for 

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

Megan Rae Rosia 

Vice President, Government Affairs 

PINNACLE AIRLINES CORP. 

1689 Nonconnah Blvd., Suite 111

Memphis, TN 38132

(202) 965-4889 

mrosia@pncl.com 

Alexander Van der Bellen 

Managing Director – Government Affairs 

 & Associate General Counsel 

Jeff Morgan 

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

October 21, 2010 

Notice: The Joint Applicants intend 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. 

Joint Application of 

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

DELTA AIR LINES, INC. 

PINNACLE AIRLINES, INC. 

for an exemption under 49 U.S.C. § 40109, a 

statement of authorization under 14 C.F.R. Part 

212, and special authorization under 14 C.F.R Part 

216 

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)

)

)

)

)

)

)

)

Docket DOT-OST-2000-7708

 

Joint Application of 

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

DELTA AIR LINES, INC. 

PINNACLE AIRLINES, INC. 

for an exemption under 49 U.S.C. § 40109, a 

statement of authorization under 14 C.F.R. Part 

212, and special authorization under 14 C.F.R Part 

216 

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Docket DOT-OST-1997-3289 

JOINT APPLICATION OF 

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

DELTA AIR LINES, INC., and PINNACLE AIRLINES, INC.

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

and Pinnacle Airlines, Inc. (“Pinnacle”) (together, the “Joint Applicants”) hereby apply for 

authority to expand Aeromexico’s existing codesharing on Delta and Delta Connection 

regional carrier operations to include Delta Connection operations by Pinnacle. 

Specifically, pursuant to 49 U.S.C. § 40109(c), Aeromexico requests an exemption from 

the provisions of 49 U.S.C. § 41301 to the extent necessary to permit Aeromexico to 

engage in scheduled foreign air transportation of persons, property and mail (1) between 

Atlanta, Georgia, on the one hand, and Monterrey, Cozumel, and Guadalajara, 

Mexico, on the other hand, by displaying its “AM” designator code on flights operated 

Pinnacle, (2) between Detroit, Michigan and Monterrey, Mexico by displaying its “AM” 

designator code on flights operated by Pinnacle, and (3) between Aeromexico’s 
Joint Application of Aeromexico, Delta, and Pinnacle 

Page 2 

 

authorized U.S. gateway points and other points within the U.S. for the purpose of blindsector code sharing services between the U.S. gateway points and other points in the 

U.S. on flights operated by Pinnacle. Aeromexico also seeks a special authorization 

pursuant to 14 C.F.R. Part 216 to permit Aeromexico to commingle traffic between 

Mexico and Canada (that is, traffic not in foreign air transportation) on the same services 

that carry traffic that is in foreign air transportation between Mexico and the United 

States and between the United States and Canada, in conjunction with Aeromexico 

blind-sector codeshare services on Pinnacle U.S.-Canada operations. 

Pursuant to 14 C.F.R. Part 212, Pinnacle seeks a Statement of Authorization 

allowing Pinnacle to display Aeromexico’s “AM” code on Delta Connection flights 

Pinnacle operates (a) on the four aforementioned transborder routes, (b) on a blindsector basis between Aeromexico’s U.S. gateway points and other points in the U.S. 

served by Pinnacle, and (c) on a blind-sector basis between Aeromexico’s U.S. gateway 

points and points in Canada served by Pinnacle. 

The Aeromexico exemption is requested for at least one year, Pinnacle’s 

Statement of Authorization is requested for an indefinite period subject to the normal 

code share conditions, and the Aeromexico Part 216 special authorization is requested 

for an indefinite period. 1 

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

follows: 

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

holds a foreign air carrier permit which authorizes service between Mexico and 

numerous U.S. points. Order 91-5-25. Pursuant to its permit and various exemption 

authorities, Aeromexico provides extensive service between Mexico and the United 

States. 

 

1

 To the extent necessary, the Joint Applicants request waivers of the 45-day advance filing 

requirement for codeshare statements of authorization under 14 C.F.R. Part 212 and the 60-day 

advance filing requirement for special authorizations under 14 C.F.R. Part 216. 
Joint Application of Aeromexico, Delta, and Pinnacle 

Page 3 

 

By this application, Aeromexico seeks an exemption to engage in scheduled 

foreign air transportation of persons, property and mail (1) between Atlanta, Georgia, on 

the one hand, and Monterrey, Cozumel, and Guadalajara, Mexico, on the other hand, by 

displaying its “AM” designator code on flights operated Pinnacle, and (2) between 

Detroit, Michigan and Monterrey, Mexico by displaying its “AM” designator code on 

flights operated by Pinnacle. Aeromexico currently holds exemption authority to serve 

the Atlanta-Guadalajara route by displaying its code on flights operated by Delta and 

exemption authority to serve the Atlanta-Monterrey route by displaying its code on flights 

operated by Delta and/or Atlantic Southeast Airlines, Inc. See, Dockets DOT-OST-1999-

5615 and DOT-OST-2001-10369. Aeromexico will be applying to the Mexican Direccion 

General de Aeronautica Civil for approval of the Pinnacle code share arrangement and 

issuance of the permits necessary to implement the code sharing, and it will provide the 

necessary transborder codeshare designations to the Department. In addition, 

Aeromexico seeks a beyond-gateway exemption identical to the authority it currently 

holds with Delta and two other Delta Connection carriers -- Comair, Inc. (“Comair) and 

Atlantic Southeast Airlines, Inc. (“ASA”) -- permitting Aeromexico to serve U.S. points 

beyond its U.S. gateway points by displaying its “AM” code, on a blind sector basis, on 

flights operated by Pinnacle.2

 Aeromexico also seeks a special authorization -- also 

identical to the authority it currently holds with Delta, Comair, and ASA -- permitting it to 

serve Canadian points beyond its U.S. gateway points by displaying its “AM*” code, on a 

blind sector basis, on flights operated by Pinnacle. 

2. Pinnacle holds authority to serve the above named U.S.-Mexico 

transborder routes pursuant to a codeshare agreement with Delta. See, NOAT May 24, 

2010 in Docket DOT-OST-2010-0129 and Order 2010-1-2. 

 

2

 Aeromexico’s blanket beyond gateway codeshare exemption on Delta/Comair/ASA was last 

renewed by NOAT November 23, 2009 in Docket DOT-OST-1997-3289. 
Joint Application of Aeromexico, Delta, and Pinnacle 

Page 4 

 

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

Delta/Aeromexico codeshare agreement previously approved by the Department and an 

ancillary Delta/Aeromexico/Pinnacle codeshare agreement. A redacted copy of the 

ancillary Delta/Aeromexico/Pinnacle codeshare agreement is attached to this 

Application. 

4. The same public interest considerations that supported the grant of 

codeshare authority to Aeromexico and Delta/Atlantic Southeast/Comair apply with 

equal force to the services operated by Pinnacle on behalf of Delta. Aeromexico and 

Delta have a longstanding codesharing relationship, and grant of this application will 

enable Aeromexico to further expand its on-line service options, providing important new 

service and competitive options to U.S. – Mexico travelers and shippers. 

5. Approval of the requested authority 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 

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 special authorization for Aeromexico under Part 216 is consistent with Annex III, 

Paragraph 2 of the U.S.-Mexico agreement3

 and is also consistent with Department 

precedent. By action taken on April 9, 2002 in Dockets DOT-OST-1997-3289 and OST2000-7708, the Department amended Delta/Comair/ASA’s blanket beyond gateway 

codeshare authority to include blind-sector AM* codeshare services on 

Delta/Comair/ASA operated services between the United States and Canada and 

granted Aeromexico associated commingling authority under Part 216. 

 

3

 “Any designated airline of one Party may enter into cooperative marketing arrangements with an 

airline or airlines of either Party, or of a third country, to provide scheduled service to intermediate 

points not included in the route schedule set forth in Annex I, and to points behind or beyond the 

territory of that other Party not included in that route schedule, but such arrangements shall not 

include the rights to pick up or discharge traffic between that other Party's territory and the 

behind, intermediate, and beyond point or points.” 
Joint Application of Aeromexico, Delta, and Pinnacle 

Page 5 

 

6. To the extent necessary, the Joint Applicants request that the Department 

consolidate this application into the existing Aeromexico/Delta/Comair/ASA codeshare 

authority dockets (DOT-OST-2000-7708 and DOT-OST-1997-3289). The Joint 

Applicants further request that the authority requested here for Aeromexico codesharing 

on Pinnacle beyond U.S. gateway operations be administered jointly with the authority 

for Aeromexico codesharing on Delta/Comair/ASA beyond U.S. gateway operations 

such that any point notice given for one Delta/Delta Connection carrier is deemed notice 

for Delta, Comair, ASA and Pinnacle. The Joint Applicants will continue to rely on the 

established practice whereby any notice for a beyond gateway point is deemed notice 

for that point via all authorized gateways. The Joint Applicants incorporate by reference 

all previous beyond point notices provided in dockets DOT-OST-2000-7708 and DOTOST-1997-3289. The Joint Applicants also hereby provide notice of Aeromexico 

codeshare service to the following new beyond U.S. gateway point that has not been 

previously noticed in dockets DOT-OST-2000-7708/DOT-OST-1997-3289: Pasco, WA 

(PSC). 

 WHEREFORE, Aeromexico, Delta, and Pinnacle request that the Department 

promptly grant the authority described herein. 

Respectfully submitted, 

/s/ William C. Evans

_______________________ _____________________ 

William C. Evans 

LAW OFFICE OF JOHN L. MIETUS, LLC 

Counsel for 

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

Alexander Van der Bellen 

Managing Director, Government Affairs 

 & Associate General Counsel 

DELTA AIR LINES, INC. 

/s/ Megan Rae Rosia 

_______________________

Megan Rae Rosia 

Vice President, Government Affairs 

PINNACLE AIRLINES CORP. 







CERTIFICATE OF SERVICE

 A copy of the foregoing Joint Application has been served this 21st day of 

October, 2010 upon the following persons via email: 

Carrier Name Email Address 

AirTran Edward Faberman efaberman@wileyrein.com 

Alaska Marshall Sinick msinick@ssd.com 

American Carl Nelson carl.nelson@aa.com 

Frontier/Republic Bob Cohn robert.cohn@hoganlovells.com 

Frontier/Republic Pat Rizzi patrick.rizzi@hoganlovells.com 

JetBlue Jonathan Hill jhill@dowlohnes.com 

JetBlue Robert Land robert.land@jetblue.com 

Spirit Airlines David Kirstein dkirstein@yklaw.com 

Spirit Airlines Joanne Young jyoung@yklaw.com 

Sun Country John Fredericksen John.Fredericksen@suncountry.com 

United/Continental Jeffrey Manley jeffrey.manley@united.com 

United/Continental Steve Morrissey steve.morrissey@united.com 

United/Continental Dan Weiss dan.weiss@coair.com 

United/Continental Hershel Kamen hkamen@coair.com 

US Airways Benjamin Slocum benjamin.slocum@usairways.com 

US Airways Howard Kass howard_kass@usairways.com 

USA 3000 Pierre Murphy pmurphy@lopmurphy.com 

Virgin America Barbara Russell barbara.russell@virginamerica.com 

byerlyjr@state.gov 

esta.rosenberg@dot.gov 

brian.hedberg@dot.gov 

john.allen@faa.gov 

info@airlineinfo.com