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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) Docket DOT

- OST

- 2014

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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) )

)

)

)

)

)

)

)

)

)

)

) Docket DOT

- OST

- 2014

-

APPLICATION OF

DELTA AIR LINES, INC.

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 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 state s as follows:

1. Delta request s 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 ; andDelta Application

Page 2

b) a st atement 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

. 1

2. The proposed 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 s igned 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. carrier desi gnations are authorized for the requested route

.

Agreement Annex I(B)(4

- 5 )

. The Atlanta

- Monterrey route ha s 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, inclu ding 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 plan s to introduce the proposed codeshare service s upon receipt of

all necessary DOT and Mexico DGAC approvals, and request t hat the exemption 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

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 statement s 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 service s will be operated pursuant to the

existing Delta/Aeromexico codeshare agree ment 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 A eromexico’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, includin g 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, air lines, and airports.” DOT Order 99

- 6

- 6,

at 6.

8. Delta and Aeromexico 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.

9. D elta affirms that its operation of these route s 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 i ssuance of exemption authority to engage in

scheduled foreign air transp ortation of per sons, property, and mail on the Atlanta

Monterrey route

. Additionally

, Delta request s 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 22 nd 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 j ohn. f redericksen@suncountr y.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