BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC.

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

and

SHUTTLE AMERICA CORPORATION

for a statement of authorization pursuant to

14 C.F R. Part 212, an exemption pursuant to 

49 U.S.C. § 40109(c), and special authorization 

pursuant to 14 C.F.R. Part 216

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Docket DOT-OST-1997-3289

DOT-OST-2000-7708

 

JOINT APPLICATION OF 

DELTA AIR LINES, INC., AEROVIAS DE MEXICO,S.A. DE C.V., AND

SHUTTLE AMERICA CORPORATION FOR A STATEMENT OF AUTHORIZATION, 

EXEMPTION AND SPECIAL AUTHORIZATION

Communications with respect to this document should be sent to:

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, NW Suite 200

Washington, DC 20005

(202) 842-4184

sascha.vanderbellen@delta.com

chris.walker@delta.com

John R. Mietus, Jr.

Law Office of John Mietus, LLC

6701 Democracy Blvd., Suite 300 

Bethesda, MD 20817-7500

(202) 747-5212

john@mietuslaw.com

Counsel for AEROVIAS DE MEXICO,

S.A. DE C.V.

November 5, 2014

Ethan J. Blank

 Vice President and General Counsel 

Scott L. Durgin

 Vice President, Administration

REPUBLIC AIRWAYS HOLDINGS INC.

8909 Purdue Road

Indianapolis, Indiana 46268

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

(202) 637-4999

Counsel for SHUTTLE AMERICA 

CORPORATION

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

DELTA AIR LINES, INC.

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

and

SHUTTLE AMERICA CORPORATION

for a statement of authorization pursuant to

14 C.F R. Part 212, an exemption pursuant to 

49 U.S.C. § 40109(c), and special authorization 

pursuant to 14 C.F.R. Part 216

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Docket DOT-OST-1997-3289

DOT-OST-2000-7708

 

JOINT APPLICATION OF 

DELTA AIR LINES, INC., AEROVIAS DE MEXICO,S.A. DE C.V., AND

SHUTTLE AMERICA CORPORATION FOR A STATEMENT OF AUTHORIZATION, 

EXEMPTION AND SPECIAL AUTHORIZATION

Delta Air Lines, Inc. (“Delta”), Aerovias de Mexico, S.A. de C.V. (“Aeromexico”), 

and Shuttle America Corporation (“Shuttle America”) (together, the “Joint Applicants”) 

hereby apply for authority to expand Aeromexico’s existing codesharing on Delta to 

include Delta Connection operations by Shuttle America and Chautauqua Airlines, Inc. 

(“Chautauqua”). Specifically, pursuant to 14 C.F.R. Part 212, Shuttle America seeks a 

statement of authorization allowing it to display Aeromexico’s “AM*” code on Delta 

Connection flights Shuttle America1 operates: (a) on a blind-sector basis between 

Aeromexico’s U.S. gateway points and other points in the U.S., and (b) between any point 

or points in the United States and any point or points in third countries on a blind-sector 

basis for the carriage of Aeromexico’s traffic between Mexico and third countries.2

 

1 Although the AM* code will also be displayed on similar Delta Connection flights operated by 

Chautauqua, Chautauqua only operates service with small aircraft (having 60 or fewer passenger 

seats). Therefore, under 14 C.F.R. §§ 206.5, 212.1, and 298.11, no statement of authorization is 

needed for the codeshare services to be operated by Chautauqua.

2 To the extent necessary, the Joint Applicants request consolidation of this Joint Application into 

Dockets DOT- OST-1997-3289 and DOT-OST-2000-7708, the Dockets established by the 

Department for the administration of codesharing authorization issued to Delta and Aeromexico.

 
Joint Application of Delta, Aeromexico, and Shuttle America

Page 2

Additionally, pursuant to 49 U.S.C. § 40109(c), Aeromexico requests an 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 

Aeromexico’s authorized U.S. gateway points and other points within the U.S. for the 

purpose of blind-sector, codesharing services between the U.S. gateway points and other 

points in the U.S. on Delta Connection flights operated by Shuttle America and 

Chautauqua. Aeromexico also seeks a special authorization pursuant to 14 C.F.R. Part 

216 to permit Aeromexico to commingle traffic between Mexico and third countries (that is, 

traffic not in foreign air transportation) on the same services that carry traffic that is in 

foreign air transportation between Mexico and the United States and between the United 

States and third countries, in conjunction with third-country codesharing services with 

Delta/Delta Connection.

Shuttle America requests that its statement of authorization be valid for an 

indefinite period subject to the Department’s normal codeshare conditions, and the

Aeromexico exemption and special authorization are requested for at least one year.

3

 

In support of this Joint Application, Delta, Aeromexico, and Shuttle America state 

as follows:

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

holds a foreign air carrier permit which authorizes service between Mexico and numerous 

U.S. points. DOT Order 91-5-25. Pursuant to its permit and various exemption authorities, 

Aeromexico provides extensive service between Mexico and the United States. By this 

application, Aeromexico seeks a beyond-gateway exemption identical to the authority it 

currently holds with respect to Delta and several Delta Connection carriers; that is, an 

exemption permitting Aeromexico to serve U.S. points beyond its U.S. gateway points by 

3 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 so that the proposed codeshare services may 

begin without delay. 

 
Joint Application of Delta, Aeromexico, and Shuttle America

Page 3

displaying its “AM*” code, on a blind-sector basis, on Delta Connection flights operated by 

Shuttle America and Chautauqua.4

 Aeromexico also seeks a special authorization –

again identical to the authority it currently holds with respect to Delta and certain other 

Delta Connection carriers – permitting it to serve points in third countries beyond its U.S. 

gateway points by displaying its “AM*” code, on a blind-sector basis, on Delta Connection 

flights operated by Shuttle America and Chautauqua.5

2. Shuttle America is a certificated U.S. air carrier that operates Delta 

Connection flights for marketing and sale by Delta. To carry the “AM*” code on its Delta 

Connection flights in the United States and to and from third countries, Shuttle America 

similarly requests the same codesharing authority obtained by other Delta Connection 

carriers. Specifically, Shuttle America requests a statement of authorization allowing 

Shuttle America to display Aeromexico’s “AM*” code on Delta Connection flights Shuttle 

America operates, as described above on a blind-sector basis between: (a) Aeromexico’s 

U.S. gateways and other U.S. points and (b) between U.S. points and points in third 

countries.6

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

Delta/Aeromexico codeshare agreement previously approved by the Department and 

ancillary Delta/Aeromexico/Shuttle America and Delta/Aeromexico/Chautauqua 

4 Aeromexico exemptions for such codesharing are in force for the following carriers: Delta and 

ExpressJet (last Notice of Action Taken (NOAT) dated Apr. 16, 2013, APA renewal pending), 

SkyWest (last NOAT dated May 19, 2014 in Docket OST-2008-0305), Endeavor (last NOAT dated 

Nov. 18, 2013), and Compass (last NOAT dated Apr. 10, 2014).

5 Similar special authorizations are in force for Delta, Endeavor, ExpressJet, and SkyWest under a 

consolidated authorization granted by NOAT dated May 21, 2013.

6 Such statements of authorization cover the domestic U.S. operations of the following carriers: 

Delta and ExpressJet (Order 99-6-6); SkyWest (NOAT dated Dec. 19, 2008 in Docket OST-2008-

0305); and Endeavor (NOAT dated Feb. 25, 2011). A statement of authorization issued by NOAT 

dated Apr. 19, 2012 covers operations by all of these carriers to third countries (OST-1997-3289).

 
Joint Application of Delta, Aeromexico, and Shuttle America

Page 4

codeshare agreements. Redacted copies of the ancillary codeshare agreements are 

attached to this Joint Application.

4. The same public interest considerations that have supported the grant of 

codeshare authority to Aeromexico, Delta, and Delta Connection carriers apply with equal 

force to the services operated by Shuttle America and Chautauqua on behalf of Delta. 

Aeromexico and Delta have a longstanding codesharing relationship, and grant of this 

Joint Application will enable Aeromexico to further expand its on-line service options, 

providing important new service and competitive options to U.S. – Mexico travelers and 

shippers. 

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

Transport Services Agreement, as most recently amended on December 12, 2005. The 

Department has granted multiple similar U.S. – Mexico 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 special authorization for Aeromexico 

under Part 216 is consistent with Annex III, Paragraph 2, of the U.S.-Mexico agreement7

and with Department precedent.

6. To simplify administration of Aeromexico’s beyond-gateway codesharing 

on Delta and Delta Connection carriers, the Joint Applicants have docketed this Joint 

Application with the identical authority granted with respect to Delta and Delta Connection 

operations by Endeavor, ExpressJet, and Compass. The Joint Applicants further request 

that, as the Department accepted with respect to Endeavor, any point notice given for one 

6 “Any designated airline of one Party may enter into cooperative marketing arrangements with an 

airline or airlines of either Party, or of a third country, to provide scheduled service to intermediate 

points not included in the route schedule set forth in Annex I, and to points behind or beyond the 

territory of that other Party not included in that route schedule, but such arrangements shall not 

include the rights to pick up or discharge traffic between that other Party's territory and the behind, 

intermediate, and beyond point or points.” 

 
Joint Application of Delta, Aeromexico, and Shuttle America

Page 5

Delta/Delta Connection carrier be deemed notice for Delta, ExpressJet, Endeavor, 

Compass, Shuttle America, and Chautauqua with respect to that point as served via any 

of Aeromexico’s authorized U.S. gateways. The Joint Applicants further incorporate by 

reference all previous beyond-gateway point notices provided in the above-captioned 

dockets as notice with respect to Shuttle America and Chautauqua.

WHEREFORE, Delta, Aeromexico, and Shuttle America request that the 

Department promptly grant the authority described herein. 

Respectfully submitted,

/s/ John R. Mietus, Jr.

________________________________ ________________________________

Alexander Van der Bellen

Managing Director – Regulatory and 

International Affairs & Associate General 

Counsel

DELTA AIR LINES, INC.

John R. Mietus, Jr.

LAW OFFICE OF JOHN MIETUS, LLC

Counsel for

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

/s/ Robert E. Cohn

________________________________

Robert E. Cohn

Patrick R. Rizzi 

HOGAN LOVELLS US LLP

Counsel for 

SHUTTLE AMERICA CORPORATION












CERTIFICATE OF SERVICE

A copy of the foregoing Application has been served this 5th 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