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

( Baltimore

- Cancun ) )

)

)

)

)

)

)

)

)

)

)

) Docket DOT

- OST

- 2014

-

Application of

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

for an exemption pursuant to

49 U.S.C. § 40109

( Baltimore

- Cancun ) )

)

)

)

)

)

)

)

)

) 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.

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

– Regulatory and International

Affairs & Associate General Counsel

Christopher Walker

Regional Director

– Regulatory and International

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

November 7

, 2014

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

(Baltimore

- Cancun) )

)

)

)

)

)

)

)

)

)

)

) Docket DOT

- OST

- 2014

-

Application of

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

for an exemption pursuant to

49 U.S.C. § 40109

(Baltimore

- Cancun) )

)

)

)

)

)

)

)

)

) 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 Rules 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 Baltimore ( BWI ) and Cancun , Mexico (CUN)

. Delta seeks a

statement of authorization to carry the code of Aerovias de Mexico, S.A. de C.V.

(“Aeromexico”) code on this route. In addition, Aeromexico hereby applies for an

exemption to include the display of Aeromexico's "AM*" code on BWI

- CUN

.Joint Application

Page 2

Delta would like to add new seasonal , Saturday

- only service on this route starting

June 6 , 2015. Delta plans to utilize 15 0

- seat Airbus A320 aircraft, equipped with 1 2 first

class, 18 economy comfort class, and 12 0 economy class seats.

In support of this Joint Application, Delta and Aeromexico 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 Baltimore

- Cancun route

, granted as soon

as possible for a period of at lea st two years ;

b) an 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

Baltimore

- Cancun 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 Baltimore

- Cancun route

.

2. The propo sed service will provide significant benefits 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

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. c arrier designations are authorized for each of the requested

routes

. Agreement Annex I(B)(4

- 5 )

. The Baltimore

- Cancun route ha s two designations

available

, with one already awarded to Southwest Airlines

. Delta requests that theJoint Application

Page 3

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 , Order 91

- 5

- 25, and exemptions authorizing service between

Mexico and numerous U.S. poin ts. Order 91

- 5

- 25. Pursuant to this authority

,

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 ai r 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 s

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

exemption s and statement of authorization are granted as soon as possible so that Delta

and Aeromexico can market these service s without delay. 1 Aeromexico reque st s that its

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

. Delta request s that its

codesharing statement of authorization remain in effect indefinitely, consistent with the

duration of the U.S.

– Mexico codeshare authorities granted by DOT Order 99

- 6

- 6.

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

ex isting Delta/Aeromexico codeshare agreement previously approved by the

Department.

1 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. In the eve nt
that Delta’s exemption request is ripe for action before DOT has rece ived the codeshare

notification for Aeromexico from Mexico ’s DGAC, Delta requests that its exemption be approved

and action deferred on the Aeromexico portion of this application.Joint Application

Page 4

7. Approval of the requested codeshare authorities is in the public interest

and will provide important additional service and competitive options to U.S.

– Mexico

travelers an d shippers. Authorizing Aeromexico to display its code on th is 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 authorization to codeshare on the Baltimore

- Cancun

route operated by Delta.

9. The Joint Applicants will cond uct these codeshare service s 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 these route s 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 i ssuance of exemption authority to engage in

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

Cancun 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, Regulatory and

International Affairs & Associate General

Counsel

DELTA AIR LINES, INC.CERTIFICATE OF SERVICE

A copy of the foregoing Application has been served this 7 th day of November , 2014

, upon the following persons via email:

Air Carrier Name Email Address

Alaska Airlines Marshall Sinick msinick@ssd.com

American Howard Kass howard.kass@aa.com

American Robert Wirick robert.wirick@aa.com

Frontier Mark Atwood matwood@cozen.com

Frontier Steve Lachter stephen.lachter@lachterlaw.com

Hawaiian/JetBlue Jonathan Hill jhill@cooley.com

Hawaiian/JetBlue Parker Erkmann perkmann@cooley.com

JetBlue Robert Land robert.la nd@jetblue.com

Republic Bob Cohn robert.cohn@hoganlovells.com

Republic Pat Rizzi patrick.rizzi@hoganlovells.com

Southwest/AirTran Bob Kneisley bob.kneisley@wnco.com

Southwest/AirTran Leslie Abbott leslie.abbott@wnco.com

Spirit Airlines David Kir stein dkirstein@yklaw.com

Spirit Airlines Joanne Young jyoung@yklaw.com

Sun Country John Fredericksen john.fredericksen@suncountry.com

Sun Country Thomas Ting thomas.ting@suncountry.com

United Dan Weiss dan.weiss@united.com

United Thomas Bo lling thomas.bolling@united.com

Virgin America Barbara Russell barbara.russell@virginamerica.com

Brian Hedberg brian.hedberg@dot.gov

Robert Finamore robert.finamore@dot.gov

Brett Kruger brett.kruger@dot.gov

Info info@airlineinfo.com