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

(Atlanta-Monterrey)

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Docket DOT-OST-2014- 

APPLICATION OF

DELTA AIR LINES, INC.

Communications with respect to this document should be addressed 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, N.W. 

Washington, D.C. 20005

(202) 842-4184

sascha.vanderbellen@delta.com

chris.walker@delta.com

October 22, 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

(Atlanta-Monterrey)

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)

)

)

)

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)

)

)

)

)

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Docket DOT-OST-2014- 

APPLICATION OF

DELTA AIR LINES, INC.

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 Atlanta (ATL) and Monterrey, Mexico (MTY). Although Delta 

currently holds codeshare-only exemption authority on this route to display its code on 

Compass Airlines flights operated as Delta Connection, Delta would like to add new 

mainline year-round, daily service this route starting February 1, 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 Application, Delta states as follows:

1. Delta requests 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 Atlanta-Monterrey route, granted as soon 

as possible for a period of at least two years; and
Delta Application

Page 2

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-Monterrey route.

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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 the requested route. 

Agreement Annex I(B)(4-5). The Atlanta-Monterrey route has two designations available

with one already awarded to Compass Airlines. Delta requests that the Department

promptly notify the Government of Mexico of Delta’s designation on this route.

3. 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.

4. Delta plans to introduce the proposed codeshare services upon receipt of 

all necessary DOT and Mexico DGAC approvals, and request that the exemption and 

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

Aeromexico can market these services without delay.2 Delta requests that its 

1 Aeromexico already has codeshare exemption authority as granted in DOT-OST-2001-10369; 

timely APA renewal was filed April 10, 2014 and is pending. 2 To the extent necessary, Delta request a waiver of the 45-day advance filing requirement for 

codeshare statements of authorization under 14 C.F.R. Part 212. 

 
Delta Application

Page 3

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

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

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

existing Delta/Aeromexico codeshare agreement previously approved by the 

Department.

6. Approval of the requested codeshare authority is in the public interest and 

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

travelers and shippers. Authorizing Delta to carry Aeromexico’s code on this transborder 

route will enhance competition and expand price and service options for U.S. – Mexico 

travelers.

7. Approval of the 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. 

8. Delta and Aeromexico 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.

9. Delta affirms that its operation of these routes will have no impact on 

Delta’s Civil Reserve Air Fleet (“CRAF”) commitment.

10. 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. 
Delta Application

Page 4

WHEREFORE, Delta requests issuance of exemption authority to engage in 

scheduled foreign air transportation of persons, property, and mail on the AtlantaMonterrey route. Additionally, Delta requests that the Department promptly grant the 

statement of authorization described herein. 

Respectfully submitted,

_____________________

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 22nd day of October, 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/Republic Bob Cohn robert.cohn@hoganlovells.com

Frontier/Republic Pat Rizzi patrick.rizzi@hoganlovells.com

Hawaiian Parker Erkmann perkmann@cooley.com

Hawaiian Jonathan Hill jhill@dowlohnes.com

JetBlue Robert Land robert.land@jetblue.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