BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of

DELTA AIR LINES, INC.;

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

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

(Atlanta

- Leon) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 201 3

- 011 5 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

April 23

, 201 5

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.;

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

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

(Atlanta

- Leon) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 2013

- 0115 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 amended exemption from

49 U.S.C. § 4 1101 authorizing Delta to engage in own

- metal scheduled foreign air

transportation of persons, property, and mail between Atlanta ( ATL ) and

Leon /Guanajuato , Mexico (BJX )

. Delta seeks a statement of authorization to carry the

code of Aerovias de Mexico, S.A. de C.V. (“Aeromexico”) code on this route.

Starting December 19, 2015, 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 utilize 126

- seat Airbus A3 19 aircraft, equipped

with 1 2 first class, 18 economy comfort class, and 96 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 amended exemption to Delta, pursuant to 49 U.S.C. § 40109,

authorizing Delta to engage in scheduled

, own

- metal foreign airJoint Application Page 2

transportation of persons, property and mail on the Atlanta

- Leon

route
, granted as soon as possible for a period of at least two years ;

and

b) 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 Atlanta

- Leon 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

amended by the agreement signed by the two governments on December 12, 20 05.

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 wo U.S. carrier designations are authorized for the Atlanta

- Leon rout e

. Agreement Annex I(B)(4

- 5). The Atlanta

- Leon route has one designation available, with

one already awarded ExpressJet

. Delta’s daily mainline service will compliment

ExpressJet’s service December 19, 2015. 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 , 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 aut horizing 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

1 Aeromexico currently holds exemptio n authority to place its “AM*” code on Delta own

- metal flights in the market , as granted by NOAT issued July 25, 2014 in DOT

- OST

- 2013

- 0115

.Joint Application Page 3

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 an d 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. 2 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

existing Delta/Aeromex ico codeshare agreement previously approved by the

Department.

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

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

- Mexico

travelers and shippers. Authorizi ng Delta to carry Aeromexico ’s code on th is additional,

transborder route will enhance competition and expand price and service options for

U.S.

- Mexico travelers.

8. Approval of the statement of authorizatio n is consistent with the U.S.

-
Mexico Air Transport S ervices 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.

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.

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

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.

WHEREFORE, Delta requests i ssuance of amended exemption authority and a

statement of authorization to engage in scheduled foreign air transportation of per sons,
property, and mail on the Atlanta

- Leon route

.

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 23 rd day of April, 2015

, upon the following persons via email:

Air Carrier Name Email Address

Alaska Airlines David Heffernan dheffernan@cozen.com Alaska Airlines Jeremy Ross jeremy.ross@alaskaair.com American Howard Kass howard.kass@aa.com American Robert Wirick robert.wirick@aa.com Frontier Mark Atwood matwood@coze n.com Frontier Steve Lachter s lachter@ cozen.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 Repub lic 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@ykl aw.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 John Varley john.varley@virginamerica.com

Brian Hedberg brian.hedberg@dot.gov Robert Finamore robert.finamore@dot.gov Brett Kruger brett.kruger@dot.gov Reese Davidson reese.davidson@dot.gov Info info@airlineinfo.com