BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC.

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

and

GOJET AIRLINES, LLC 

for a statement of authorization pursuant to

14 C.F R. Part 212

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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 GOJET AIRLINES, LLC

FOR A STATEMENT OF 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

October 17, 2014

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.

David J. A. Hayes III

Vice-President & General Counsel

TRANS STATES HOLDINGS, INC.

11495 Navaid Road

St. Louis, MO 63044

(314) 222-4316

dhayes@transstates.net

Counsel for GOJET AIRLINES, LLC

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

GOJET AIRLINES, LLC 

for a statement of authorization pursuant to

14 C.F R. Part 212

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)

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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 GOJET AIRLINES, LLC

FOR A STATEMENT OF AUTHORIZATION

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

and GoJet Airlines, LLC (“GoJet”) (together, the “Joint Applicants”) hereby apply for 

authority to expand Aeromexico’s existing codesharing on Delta to include Delta 

Connection operations by GoJet. Specifically, pursuant to 14 C.F.R. Part 212, GoJet 

seeks a statement of authorization allowing GoJet to display Aeromexico’s “AM*” code on 

Delta Connection flights GoJet 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.1

 

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 

1 To the extent necessary, the Joint Applicants request consolidation of this application into 

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

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

 
Joint Application of Delta, Aeromexico, and GoJet

Page 2

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

points in the U.S. on flights operated by GoJet. 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 thirdcountry code-sharing services with Delta/Delta Connection.

GoJet requests that its statement of authorization be valid for an indefinite period 

subject to the Department’s normal code share conditions, and the Aeromexico exemption 

and special authorization are requested for at least one year.

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In support of this Joint Application, Delta, Aeromexico, and GoJet 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. 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 

displaying its “AM” code, on a blind sector basis, on flights operated by GoJet.

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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 

2 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. 

3 Aeromexico exemptions for such code-sharing 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).

 
Joint Application of Delta, Aeromexico, and GoJet

Page 3

serve points in third countries beyond its U.S. gateway points by displaying its “AM” code, 

on a blind-sector basis, on flights operated by GoJet.

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2. GoJet is a certificated U.S. air carrier that operates 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, GoJet similarly requests the same code-sharing 

authority obtained by other Delta Connection carriers. Specifically, GoJet requests a 

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

Connection flights GoJet operates, as described above on a blind-sector basis between: 

(a) Aeromexico’s U.S. gateways and other points and (b) between U.S. points and points 

in third countries.5

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

Delta/Aeromexico code-share agreement previously approved by the Department and an 

ancillary Delta/Aeromexico/GoJet code-share agreement. A redacted copy of the ancillary 

Delta/Aeromexico/GoJet codeshare agreement is attached to this Application.

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

code-share authority to Aeromexico, Delta, and Delta Connection carriers apply with equal

force to the services operated by GoJet on behalf of Delta. Aeromexico and Delta have a 

longstanding code-sharing relationship, and grant of this 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. 

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

consolidated authorization granted by NOAT dated May 21, 2013.

5 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.

 
Joint Application of Delta, Aeromexico, and GoJet

Page 4

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 agreement6

and with Department precedent.

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

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

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 

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

Compass, and GoJet 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 GoJet.

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 GoJet

Page 5

WHEREFORE, Delta, Aeromexico, and GoJet 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.

Allan Mendelsohn

LAW OFFICE OF JOHN MIETUS, LLC

Counsel for

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

/s/ David J. A. Hayes III

________________________________

Vice-President & General Counsel

TRANS STATES HOLDINGS, INC.

Counsel for 

GOJET AIRLINES, LLC





CERTIFICATE OF SERVICE

A copy of the foregoing Application has been served this 17th 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 Mark Atwood matwood@cozen.com

Frontier Steve Lachter stephen.lachter@lachterlaw.com

Hawaiian Jonathan Hill jhill@dowlohnes.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