BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of

DELTA AIR LINES, INC.

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

( Detroit

- Monterrey ) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 2013

-

Application of

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

for an amended exemption pursuant to 49 U.S.C. § 40109

(Detroit

- Monterrey) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 1997

- 3289 Docket DOT

- OST

- 2000

- 7 708

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

– Government Affairs

& Associate General Counsel Christopher Walker Regional Director

– Government A ffairs DELTA AIR LINES, INC. 1212 New York Avenue, N.W. Washington, D.C. 20005 (202) 842

- 4184 sascha.vanderbellen@delta.com

March 22 , 201 3

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.

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

( Detroit

- Monterrey ) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 2013

-

Application of

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

for an amended exemption pursuant to 49 U.S.C. § 40109

(Detroit

- Monterrey) ) ) ) ) ) ) ) ) ) ) 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 Rule s of

Practice , Delta Air Lines, Inc. (“Delta”) hereby applies for an exemption from 49 U.S.C. §

4 1101 authorizing Delta to engage in scheduled foreign air transportation of persons,

property, and mail between Detroit, Michigan and Monterrey, Mexico

. Delt a seeks a

statement of authorization to carry Aeromexico’s “AM*” code on these services. In

addition

, Aerovias de Mexico, S.A. de C.V. (“Aeromexico”) hereby applies for an
amended exemption to include the display of Aeromexico’s “ AM *” code on Delta

mainli ne flights in addition to the Del ta Connection flights on which it currently

codeshares over this route

.Joint Application Page 2

Delta would li ke to increase capacity on this route
, which it already serves in

conjunction with its Delta Connection partner, ExpressJet Airlines (“Ex pressJet”)

. Delta

plans to offer daily, year

- round service between Detroit, Michigan and Monterrey,

Mexico

, beginning on or about June 1 0 , 201 3

. Delta plans to utilize 126

- seat Airbus

A319 aircraft, equip ped with 12 first class , 18 economy comfort class, and 96 economy

class seats. Delta requests that its exemption authority be granted as soon as possible

for a period of at least two years.

In support of this Joint Application, Delta and Aeromexico (the “Joint Applicants”)

state as follows:

1. The Joint App licants 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,

property and mail on the Detroit

- Monterrey route ;
b) an amended ex emption 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 Detroit

- Monterrey route on a code

- share basis on flights

operated by 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 Detroit

- Monterrey route

. 1

2. The proposed service will provide significant ben efits to travelers 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

1 Aeromexico already places its “AM*” code on ExpressJet’s operations on th is route pursuant to statement of authorizatio n granted by NOAT issued Dec. 28, 2011 in DOT

- OST

- 1997

- 3289/ OST

2000

- 7708.Joint Application Page 3

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 Detroit

- Monterrey

route. Agreement Annex I(B)(4

- 5 )

. The Detroit

- Monterrey route has two carrier

designations available, with one designation already awarded to ExpressJet

. Delta

requests that the Department promptly notify the Government of Mexico of Delta’s

designation on this route.

3. Aeromexico is a flag carrier of the United Mexican States and 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 exem ption authorities,

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,

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 al l

data on file with the Department necessary to establish Delta’s fitness.

5. The Joint Applicants plan to introduce the proposed codeshare service

upon receipt of all necessary DOT and Mexico DGAC approvals, and request t hat the

exemption and statement of au thorization be granted as soon as possible so that

Aeromexico is able t o market and sell this service without delay. 2 Aeromexico requests

that its exemption authority be effective for a period of at least one year

. Delta request s

that its codesharing sta tement of authorization remain in effect indefinitely, consistent

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 4

with the duration of the U.S.

– Mexico codeshare authorities granted by DOT Order 99

-

6

- 6.

6. The proposed codeshare service will be operated pursuant to the existing

Delta/Aeromexico codeshare agreement previously approved by the Department.

7. 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.

8. 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 each of the above

mentioned routes operated by Delta.

9. Th e Joint Applicants will cond uct this codeshare service 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 this route 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 consum ption of 10 million gallons or more.Joint Application Page 5

WHEREFORE, Delta requests issuance of exemption authority to engage in

scheduled foreign air transportation of per sons, property, and mail on the Detroit

, Michigan

- Monterrey, Me xico route

. Also, Aeromexico and Delta request that the

Department promptly grant the codeshare ex emption authority 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, Government Affairs

& Associate General Counsel DELTA AIR LINES, INC.CERTIFI CATE OF SERVICE

A copy of the foregoing Application has been served this 22 nd day of March, 2013

, upon the following persons via email:

Air Carrier Name Email Address

Alaska Airlines Marshall Sinick msinick@ssd.com American Francis Heil fran cis.heil@aa.com American Robert Wirick robert.wirick@aa.com Frontier/Republic Bob Cohn robert.cohn@hoganlovells.com Frontier/Republic Pat Rizzi patrick.rizzi@hoganlovells.com Hawaiian Jonathan Hill jhill@dowlohnes.com JetBlue Robert Land rober t.land@jetblue.com Southwest/AirTran Bob Kneisley bob.kneisley@wnco.com Spirit Airlines David Kirstein dkirstein@yklaw.com Spirit Airlines Joanne Young jyoung@yklaw.com Sun Country John Fredericksen j ohn. f redericksen@suncountry.com United Dan Weiss dan.weiss@united.com United Thomas Bolling thomas.bolling@united.com United Karine Faden karine.faden@united.com United Oraci o Marquez oracio.marquez@united.com US Airways Benjamin Slocum benjamin.slocum@usairways.com US Airways Howard Kass howard_kass@usairways.com Virgin America Barbara Russell barbara.russe ll@virginamerica.com

Esta Rosenberg e sta.rosenberg@dot.gov Brian Hedberg brian.hedberg@dot.gov Info info@airlineinfo.com