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. : 

 : 

 and : Docket DOT-OST-2000-7708 

 : 

 ATLANTIC SOUTHEAST AIRLINES, INC. : Docket DOT-OST-1997-3289 

 : 

for an amendment and renewal of exemption and : 

codeshare statement of authorization (Mexico-U.S.) : 

------------------------------------------------------------------------ 

JOINT APPLICATION OF AEROVIAS DE MEXICO, 

S.A. DE C.V. AND ATLANTIC SOUTHEAST AIRLINES, INC. 

FOR AN EXEMPTION AND STATEMENT OF AUTHORIZATION 

Communications with respect to this document should be sent to: 

Jon Lindlief 

Director – Planning & Development 

ATLANTIC SOUTHEAST AIRLINES, INC. 

100 Hartsfield Centre 

Suite 700 

Atlanta, GA 30354 

Gerald F. Murphy 

CROWELL & MORING LLP 

1001 Pennsylvania Avenue, NW 

Washington, D.C. 20004 

(202) 624-2500 

gmurphy@crowell.com

Counsel for 

Atlantic Southeast Airlines, Inc. 

December 19, 2011 

John R. Mietus, Jr. 

William C. Evans 

LAW OFFICE OF JOHN MIETUS, LLC 

6701 Democracy Boulevard, Suite 300 

Bethesda, MD 20817 

 (202) 747-5212 

john@mietuslaw.com

bill@mietuslaw.com

Counsel for 

Aerovias de Mexico, S.A. de C.V. 

 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

------------------------------------------------------------------------ 

Joint Application of : 

 : 

 AEROVIAS DE MEXICO S.A. DE C.V. : 

 : 

 and : Docket DOT-OST-2000-7708 

 : 

 ATLANTIC SOUTHEAST AIRLINES, INC. : Docket DOT-OST-1997-3289 

 : 

for an amendment and renewal of exemption and : December 19, 2011 

codeshare statement of authorization (Mexico-U.S.) : 

------------------------------------------------------------------------ 

JOINT APPLICATION OF AEROVIAS DE MEXICO, 

S.A. DE C.V. AND ATLANTIC SOUTHEAST AIRLINES, INC. 

FOR AN EXEMPTION AND STATEMENT OF AUTHORIZATION 

Aeromexico1

 applies, pursuant to 49 U.S.C. § 40109, for an amendment and renewal of 

its 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 

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

flights operated by Atlantic Southeast as Delta Connection.2

 Pursuant to 49 U.S.C. § 40109 and 

14 C.F.R. Part 212, Atlantic Southeast seeks a statement of authorization allowing it to display 

Aeromexico’s “AM” code on Delta Connection flights Atlantic Southeast operates between 

 1

 Common names are used for airlines. 

2

 Effective January 1, 2012, Atlantic Southeast will have acquired and been merged 

with ExpressJet, and will also formally have changed its name to “ExpressJet Airlines, Inc.” 

Accordingly, Aeromexico and Atlantic Southeast (the “Joint Applicants”) ask that the requested 

authorities be issued in the name of ExpressJet Airlines, Inc. (f/k/a Atlantic Southeast Airlines, 

Inc.). 
Joint Application of Aeromexico 

 and Atlantic Southeast 

Page 2 of 4 

Detroit, Michigan and Atlanta, Georgia, on the one hand, and Monterrey, Mexico, on the other 

hand. The Joint Applicants desire to implement the proposed services as soon as possible.3 

The Joint Applicants state as follows in support of their application: 

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

foreign air carrier permit which authorizes services between Mexico and numerous U.S. points.4

 

Pursuant to its permit and various exemption authorities, Aeromexico provides extensive service 

between Mexico and the U.S. 

2. By this application, Aeromexico seeks amendment and renewal of its exemption 

to engage in scheduled foreign air transportation of persons, property and mail between 

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

Connection flights operated by Atlantic Southeast. Aeromexico currently holds exemption 

authority to engage in foreign air transportation of persons, property and mail between Detroit, 

Michigan and Monterrey, Mexico by displaying its code on flights operated by Pinnacle,5

 and 

already holds the exemption authority necessary to display its code on Atlantic Southeast’s 

flights between Atlanta, Georgia and Monterrey, Mexico.6

 Aeromexico has applied to the 

Dirección General de Aeronautica Civil for approval of the Atlantic Southeast codeshare 

arrangement and issuance of the permits necessary to implement the codesharing, and it will 

provide the necessary transborder codeshare designations to the Department. 

 3

 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. 

4

 See Order 91-5-25. 

5

 See Notice of Action Taken dated February 25, 2011 in Dockets DOT-OST-2000-

7708 and DOT-OST-1997-3289. 

6

 See Notice of Action Taken dated December 6, 2011 in Docket DOT-2001-

10369. 
Joint Application of Aeromexico 

and Atlantic Southeast 

Page 3 of 4

3. Atlantic Southeast currently holds exemption authority to engage in foreign air 

transportation of persons, property and mail between Atlanta, Georgia and Detroit, Michigan, on 

the one hand, and Monterrey, Mexico, on the other hand, which it operates pursuant to a 

codeshare agreement with Delta.7

 By this application, Atlantic Southeast seeks a statement of 

authorization to display Aeromexico’s “AM” code on these Delta Connection flights. 

4. The proposed U.S.-Mexico codeshare services will be operated pursuant to the 

existing Delta/Aeromexico codesharing/blocked space agreement, as amended to add services 

operated by Atlantic Southeast. The agreement and amendment have previously been submitted 

and approved by the Department.8

5. Approval of the requested authority is consistent with the U.S.-Mexico Air 

Transport Services Agreement, as amended. The Department has granted multiple similar U.S.-

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

travelers, shippers, businesses, cities, airlines, and airports.”9

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

consolidate this application into the existing Aeromexico/Delta/Atlantic 

Southeast/Comair/Pinnacle codeshare authority dockets.10 

7. The Joint Applicants urge the Department to act promptly so they can begin 

marketing these Atlanta/Detroit-Monterrey flights as soon as possible. The same public interest 

considerations that supported the grant of codeshare authority to Aeromexico and Delta/Pinnacle, 

as well as the grant of the underlying exemption authority to Atlantic Southeast, apply with equal 

 7

 See Notice of Action Taken dated May 4, 2011 in Docket DOT-OST-2011-0089. 

8

 The Joint Applicants further requests that the Department, pursuant to Rule 24 of 

its Rules of Practice, take official notice of all information previously filed to establish their 

fitness to provide the proposed codeshare services described in this application. 

9

 Order 99-6-6 at 6. 

10 See Dockets DOT-OST-2000-7708 and DOT-OST-1997-3289.