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 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 – 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 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 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 150-seat Airbus A320 aircraft, equipped with 12 first 

class, 18 economy comfort class, and 120 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 least 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 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 

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 each of the requested

routes. Agreement Annex I(B)(4-5). The Baltimore-Cancun route has two designations 

available, with one already awarded to Southwest Airlines. Delta requests that the 
Joint 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. points. 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 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 services

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

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

and Aeromexico can market these services without delay.1 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 with the 

duration of the U.S. – Mexico codeshare authorities granted by DOT Order 99-6-6.

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

existing 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 event 

that Delta’s exemption request is ripe for action before DOT has received 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 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 authorization to codeshare on the Baltimore-Cancun 

route operated by Delta.

9. The Joint Applicants will conduct these codeshare services 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 these routes 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 BaltimoreCancun 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, Regulatory and 

International Affairs & Associate General 

Counsel

DELTA AIR LINES, INC.
CERTIFICATE OF SERVICE

A copy of the foregoing Application has been served this 7th 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.land@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 Kirstein 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 Bolling 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