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)

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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)

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Docket DOT-OST-1997-3289

Docket DOT-OST-2000-7708 

JOINT APPLICATION OF

DELTA AIR LINES, INC., and

AEROVIAS de MEXICO, 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 Affairs

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Washington, D.C. 20005

(202) 842-4184

sascha.vanderbellen@delta.com

March 22, 2013

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 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-2000-7708 

JOINT APPLICATION OF

DELTA AIR LINES, INC., and

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

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Rules of 

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

41101 authorizing Delta to engage in scheduled foreign air transportation of persons, 

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

mainline flights in addition to the Delta Connection flights on which it currently 

codeshares over this route.
Joint Application

Page 2

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

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

plans to offer daily, year-round service between Detroit, Michigan and Monterrey, 

Mexico, beginning on or about June 10, 2013. Delta plans to utilize 126-seat Airbus 

A319 aircraft, equipped 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 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, 

property and mail on the Detroit-Monterrey route;

b) an amended 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 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 benefits 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 

 1 Aeromexico already places its “AM*” code on ExpressJet’s operations on this route pursuant to 

statement of authorization granted by NOAT issued Dec. 28, 2011 in DOT-OST-1997-3289/OST2000-7708.
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). Three 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 exemption 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 all 

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 that the 

exemption and statement of authorization be granted as soon as possible so that 

Aeromexico is able to 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 requests

that its codesharing statement 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. The Joint Applicants will conduct 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. Delta 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 consumption 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 persons, property, and mail on the Detroit, 

Michigan-Monterrey, Mexico route. Also, Aeromexico and Delta request that the 

Department promptly grant the codeshare exemption 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.
CERTIFICATE OF SERVICE

A copy of the foregoing Application has been served this 22nd 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 francis.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 robert.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 john.fredericksen@suncountry.com

United Dan Weiss dan.weiss@united.com

United Thomas Bolling thomas.bolling@united.com

United Karine Faden karine.faden@united.com

United Oracio 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.russell@virginamerica.com

Esta Rosenberg esta.rosenberg@dot.gov

Brian Hedberg brian.hedberg@dot.gov

Info info@airlineinfo.com