BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

DELTA AIR LINES, INC., 

EXPRESSJET AIRLINES, INC., 

COMAIR, INC., 

PINNACLE AIRLINES, INC., 

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

AEROLITORAL, S.A. de C.V. d/b/a AEROMEXICO 

CONNECT 

for exemption under 49 U.S.C. § 40109, statements of 

authorization under 14 C.F.R Part 212 (U.S.-Mexico 

beyond/behind gateway codesharing), and special 

authorization under 14 C.F.R. Part 216 (blind sector) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

DOT-OST-2000-7708 

DOT-OST-1997-3289 

DOT-OST-2001-10833 

Joint Application of 

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

And 

SKYWEST AIRLINES, INC. 

for statements of authorization under 14 C.F.R 

Part 212 (U.S.-Mexico beyond/behind gateway 

codesharing) and special authorization under 

14 C.F.R. Part 216 (blind sector) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

DOT-OST-2008-0305 

JOINT APPLICATION OF DELTA AIR LINES, INC., 

EXPRESSJET AIRLINES, INC., COMAIR, INC., 

PINNACLE AIRLINES, INC., SKYWEST AIRLINES, INC., 

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

AEROLITORAL, S.A. de C.V. d/b/a AEROMEXICO CONNECT 

FOR AMENDED STATEMENTS OF AUTHORIZATION AND SPECIAL 

AUTHORIZATION, AND RENEWAL AND AMENDMENT OF EXEMPTION AUTHORITY

April 12, 2012 

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.
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. and 

AEROLITORAL, S,A, de C.V. d/b/a 

AEROMEXICO CONNECT 

Alexander Van der Bellen 

Managing Director – Government Affairs 

 & Associate General Counsel 

Jeff Morgan 

Regional Director-Government Affairs 

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Washington, D.C. 20005 

(202) 842-4184 

sascha.vanderbellen@delta.com

Counsel for 

DELTA AIR LINES, INC. and COMAIR, INC.

Gerald F. Murphy 

CROWELL & MORING LLP 

1001 Pennsylvania Ave, N.W. 

Washington, DC 20004 

(202) 624-2500 

gmurphy@crowell.com 

Counsel for 

EXPRESSJET AIRLINES, INC. and SKYWEST 

AIRLINES, INC. 

Brian T. Hunt 

Vice President and General Counsel 

PINNACLE AIRLINES CORP. 

One Commerce Square 

40 South Main Street, 14th Floor 

Memphis, TN 38103 

(901) 346-6145 

BTHunt@pncl.com 

Counsel for PINNACLE AIRLINES, INC. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

DELTA AIR LINES, INC., 

EXPRESSJET AIRLINES, INC., 

COMAIR, INC., 

PINNACLE AIRLINES, INC., 

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

AEROLITORAL, S.A. de C.V. d/b/a AEROMEXICO 

CONNECT 

for exemption under 49 U.S.C. § 40109, statements of 

authorization under 14 C.F.R Part 212 (U.S.-Mexico 

beyond/behind gateway codesharing), and special 

authorization under 14 C.F.R. Part 216 (blind sector) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

DOT-OST-2000-7708 

DOT-OST-1997-3289 

DOT-OST-2001-10833 

Joint Application of 

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

And 

SKYWEST AIRLINES, INC. 

for statements of authorization under 14 C.F.R 

Part 212 (U.S.-Mexico beyond/behind gateway 

codesharing) and special authorization under 

14 C.F.R. Part 216 (blind sector) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

DOT-OST-2008-0305 

JOINT APPLICATION OF DELTA AIR LINES, INC., 

EXPRESSJET AIRLINES, INC., COMAIR, INC., 

PINNACLE AIRLINES, INC., SKYWEST AIRLINES, INC., 

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

AEROLITORAL, S.A. de C.V. d/b/a AEROMEXICO CONNECT 

FOR AMENDED STATEMENTS OF AUTHORIZATION AND SPECIAL 

AUTHORIZATION, AND RENEWAL AND AMENDMENT OF EXEMPTION AUTHORITY
Joint Application of 

Delta, ExpressJet, Comair, Pinnacle, SkyWest, Aeromexico, and Aerolitoral 

Page 2 

Delta Air Lines, Inc. (“Delta”), ExpressJet Airlines, Inc. (“ExpressJet”)1, Comair, Inc. 

(“Comair”), Pinnacle Airlines, Inc. (“Pinnacle”), SkyWest Airlines, Inc. (“SkyWest”), 

Aerovias de Mexico, S.A. de C.V. (“Aeromexico”), and Aerolitoral, S.A. de C.V. d/b/a 

Aeromexico Connect (“Aerolitoral”) (collectively, the “Joint Applicants”) hereby apply for 

amendments to their existing beyond/behind-gateway blanket codesharing authorizations to 

add authority to engage in blanket blind-sector codeshare services to and from third 

countries on flights operated by (i) Delta, ExpressJet, Comair, Pinnacle, and SkyWest 

(collectively, “Delta/Delta Connection”) beyond/behind Aeromexico’s U.S. gateways, and 

(ii) Aeromexico and Aerolitoral beyond/behind Delta’s Mexico gateways. Delta further 

requests renewal and amendment of its existing U.S.-Mexico beyond/behind-gateway 

exemption to enable Delta to continue to offer blind-sector codeshare service on flights 

operated by Aeromexico and Aerolitoral beyond/behind Delta’s Mexican gateways, 

including not only flights within Mexico, but also the blanket third-country codesharing 

services contemplated herein. 

Specifically, the Joint Applicants request issuance of the following authorities: 

a) amended statements of authorization to Delta, Comair, ExpressJet, Pinnacle, 

and SkyWest pursuant to 14 C.F.R. Part 212 adding authority to display 

Aeromexico’s “AM” designator code on Delta/Delta Connection flights 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

 By Order 2012-1-3, the Department reissued all of Atlantic Southeast Airlines, Inc.’s (“ASA”) 

authorities in the name of ExpressJet Airlines, Inc. Authorities originally issued in the name of ASA 

are referred to as ExpressJet throughout this application. 
Joint Application of 

Delta, ExpressJet, Comair, Pinnacle, SkyWest, Aeromexico, and Aerolitoral 

Page 3 

b) special authorization to Aeromexico 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; 

c) an amended statement of authorization to Aeromexico pursuant to 

14 C.F.R. Part 212 adding authority to display Delta’s “DL” designator code on 

flights operated by Aeromexico between any point or points in Mexico and any 

point or points in third countries on a blind-sector basis for the carriage of Delta’s 

traffic between the United States and third countries; and 

d) an amended statement of authorization to Aerolitoral pursuant to 

14 C.F.R. Part 212 adding authority to display Delta’s “DL” designator code on 

flights operated by Aerolitoral between any point or points in Mexico and any 

point or points in third countries on a blind-sector basis for the carriage of Delta’s 

traffic between the United States and third countries; and 

e) renewal of an exemption to Delta pursuant to 49 U.S.C. § 40109 to authorize 

Delta to continue to engage in scheduled foreign air transportation of persons, 

property and mail between points in the United States and points within Mexico 

beyond/behind Delta’s authorized Mexican gateway points for transborder 

services for the purpose of blind-sector codesharing services operated between 

the Mexican gateway points and other points within Mexico on services operated 

by Aeromexico and Aerolitoral, and amendment of this exemption to authorize 

Delta to engage in scheduled foreign air transportation of persons, property and 
Joint Application of 

Delta, ExpressJet, Comair, Pinnacle, SkyWest, Aeromexico, and Aerolitoral 

Page 4 

mail between points in the United States and points worldwide beyond/behind 

Delta’s authorized Mexican gateway points for transborder services for the 

purpose of blind-sector codesharing services operated between the Mexican 

gateway points and points worldwide on services operated by Aeromexico or 

Aerolitoral. 

The Joint Applicants request that the amended codesharing statements of 

authorization and special authorization remain in effect indefinitely, consistent with 

Department practice. Delta requests that its exemption authority, as renewed and 

amended, be effective for an additional period of at least two years. 

In support of this Joint Application, Delta, ExpressJet, Comair, Pinnacle, SkyWest, 

Aeromexico, and Aerolitoral state as follows: 

1. By Order 99-6-6, the Department authorized Delta and Aeromexico to 

display each other’s code on domestic flights operated beyond/behind U.S. and Mexican 

gateways, respectively. By Notices of Action Taken dated August 25, 2000 (Docket 

OST-2000-7708) and October 30, 2001 (Docket OST-2001-10833) respectively, the 

Department granted similar blanket authority with respect to U.S. domestic flights operated 

by ExpressJet and Comair beyond/behind Aeromexico’s U.S. gateways and Mexican 

domestic flights operated by Aerolitoral beyond/behind Delta’s Mexican gateways.2

 By 

Department Action on Application in Dockets OST-2000-7708 and OST-1997-3289, dated 

April 9, 2002, the Department amended the Delta/ExpressJet/Comair statements of 

authorization and granted Aeromexico Part 216 commingling authority, so that the “AM” 

 

2

 Aerolitoral’s authority to display the Delta code was initially limited to small aircraft operations. By 

letter dated March 19, 2009 in Docket OST-2001-10833, the Department confirmed that the small 

aircraft limitation no longer applies. 
Joint Application of 

Delta, ExpressJet, Comair, Pinnacle, SkyWest, Aeromexico, and Aerolitoral 

Page 5 

code could be displayed on Delta/ExpressJet/Comair flights between the United States and 

Canada on a blind-sector basis. By Notice of Action Taken dated December 19, 2008 in 

Docket OST-2008-0305, the Department granted blanket authority for Aeromexico’s code to 

be displayed on SkyWest operated U.S. domestic flights. By Notice of Action Taken dated 

February 25, 2011 in Dockets OST-2000-7708 and OST-1997-3289, the Department 

granted blanket authority for Aeromexico’s code to be displayed on Pinnacle operated U.S. 

domestic flights and U.S.-Canada flights beyond/behind U.S. gateways. Now, by this 

application, the Joint Applicants seek amended or additional authority so that the codes of 

Delta and Aeromexico may be displayed on flights to and from points in any country 

beyond/behind the operating carrier’s homeland. 

2. In the past, the Department has authorized Aeromexico on Delta blindsector codesharing between the United States and points outside of North America on a 

discrete basis. See Statements of Authorization/Special Authorizations #95-273 dated 

June 23, 1995 (Atlanta-Madrid and New York-Paris) and #98-045 dated August 5, 1999 

(Atlanta-Frankfurt); Department Action on Application in Docket OST-2000-8227 dated 

December 1, 2000 (Los Angeles-Tokyo/Nagoya); and Department Action on Application in 

Docket OST-2002-12645 dated August 1, 2002 (Atlanta/New York/CincinnatiBarcelona/London/Madrid/Milan/Nice/Paris/Rome). Delta and all of the Delta Connection 

carriers except SkyWest are also authorized to display the “AM” code on transborder flights 

between the United States and Canada under the existing blanket statements of 

authorization and special authorizations granted in Dockets OST-1997-3289 and 

OST-2000-7708. The Department has also authorized Delta on Aeromexico codesharing 

between Mexico and a point beyond Mexico on a discrete basis. See Department Action 

on Application in Docket OST-2002-12644 dated August 1, 2002 (Mexico City-Lima). 
Joint Application of 

Delta, ExpressJet, Comair, Pinnacle, SkyWest, Aeromexico, and Aerolitoral 

Page 6 

3. Subject to the Department’s approval of this Joint Application, Delta and 

Aeromexico plan to expand behind/beyond codesharing to additional destinations. The 

Joint Applicants will comply with the Department’s standard requirement that they notify the 

Department at least 30 days before they begin beyond/behind-gateway codesharing service 

to additional points. Consistent with the Delta/Comair/ExpressJet/Aeromexico/Aerolitoral 

Codeshare Integration Notice in Dockets OST-1997-3289, OST-2000-7708, and OST-2001-

10833 dated November 19, 2003, the Joint Applicants will rely on the established practice 

whereby any notice given for one Delta/Delta Connection carrier is deemed notice given for 

all Delta carriers, a notice given for Aeromexico or Aerolitoral is deemed notice for both 

Mexican operating carriers, and any notice for a beyond-gateway point is deemed notice 

given for that point via all authorized gateways. For reference, Exhibit A lists 

Delta/Aeromexico behind/beyond third country codeshare points already authorized by the 

Department. 

4. The proposed additional blind-sector codeshare services will be operated 

pursuant to the existing Delta/Aeromexico codeshare agreement and ancillary 

Delta/Aerolitoral and Aeromexico/ExpressJet/Comair/Pinnacle/SkyWest agreements. Delta 

has performed safety audits of Aeromexico and Aerolitoral and filed safety audit review 

conclusion statements with the Department. Mexico has been rated a Category 1 country 

under FAA’s IASA program. 

5. In addition to the statements of authorization and special authorization 

requested herein, Delta is applying for renewal and amendment of its existing U.S.-Mexico 

beyond-gateway exemption authority in order to continue to provide it with the necessary 

underlying authority to participate in the full scope of approved codesharing activities 
Joint Application of 

Delta, ExpressJet, Comair, Pinnacle, SkyWest, Aeromexico, and Aerolitoral 

Page 7 

beyond/behind its gateways in Mexico in conjunction with Aeromexico and Aerolitoral.3 

Delta’s existing exemption was last renewed by Notice of Action Taken dated 

March 26, 2009 (Dockets OST-97-3289, OST-2000-7708, and OST-2001-10833).4

 Delta 

seeks (i) renewal of the exemption for two years and (ii) amendment of it to authorize 

service to and from third countries under the approved codesharing arrangements with 

Aeromexico and Aerolitoral, which would be consistent with the blanket third-country 

codesharing exemptions granted to Delta in Docket OST-2005-20145 (and to other U.S. 

carriers). Delta continues to be fit, willing, and able to offer the codesharing services 

authorized by this exemption, including the additional third-country services applied for 

herein. Delta hereby requests that the Department take official notice, pursuant to Rule 24 

of the Department’s Rules of Practice, of all data on file with the Department necessary to 

establish its fitness. 

6. Approval of the requested statements of authorization, special authorization, 

and exemption is in the public interest. Authorizing Delta/Delta Connection and 

Aeromexico/Aerolitoral to engage in blanket reciprocal third-country codesharing will enable 

the carriers to expand their online service offerings to key global destinations, thereby 

enhancing competition and expanding price and service options for consumers. In addition, 

 

3

 Aeromexico’s comparable exemption to codeshare on Delta/ExpressJet/Comair remains in effect 

through January 27, 2013. Notice of Action Taken dated January 27, 2012 (Docket 

OST-1997-3289). Aeromexico’s comparable exemption to codeshare on Pinnacle remains in effect 

pursuant to the automatic extension provisions of the Administrative Procedure Act, 5 U.S.C. § 

558(c), as implemented by 14 C.F.R. Part 377. On February 21, 2012, a timely renewal request was 

submitted pursuant to Section 377.10(c). Notice of Action Taken dated February 25, 2011 (Dockets 

OST-2000-7708 and OST-1997-3289). Aeromexico’s comparable exemption to codeshare on 

SkyWest remains in effect through March 9, 2013. Notice of Action Taken March 9, 2012 in Docket 

OST-2008-0305. 

4

 This exemption remains in effect pursuant to the automatic extension provisions of the 

Administrative Procedure Act, 5 U.S.C. § 558(c), as implemented by 14 C.F.R. Part 377. On May 1, 

2009, a timely renewal request was submitted pursuant to Section 377.10(c). 
Joint Application of 

Delta, ExpressJet, Comair, Pinnacle, SkyWest, Aeromexico, and Aerolitoral 

Page 8 

approval of this application will contribute to the economic viability and efficiency of those 

existing and future transborder and international beyond-gateway flights operated by each 

of the Joint Applicants that will carry blind-sector third-country codesharing passengers. 

7. Approval of the authorizations and renewed/amended exemption is 

consistent with the amendment to the U.S.-Mexico Air Transport Services Agreement that 

was signed on December 12, 2005. Although the combination route schedule set forth in 

Annex I of the agreement contemplates only limited route rights beyond/behind Mexico 

(with respect to U.S. airlines) and the United States (with respect to Mexican airlines), 

paragraph 2 of Annex III, dealing with cooperative marketing arrangements, states as 

follows: 

Any designated airline of one Party may enter into cooperative marketing 

arrangements with an airline or airlines of either Party ... to provide 

scheduled service ... to points behind or beyond the territory of that other 

Party not included in [the] 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 ...and beyond point or points. 

Thus, the blind-sector codesharing services proposed by the Joint Applicants are explicitly 

authorized under Annex III of the U.S.-Mexico agreement. 

8. In addition, irrespective of the foregoing bilateral provisions, approval of this 

application is consistent with Department precedent. Prior to reaching the 2005 agreement 

amending the U.S.-Mexico Air Transport Services Agreement, the Department granted 

American Airlines, Inc., Compania Mexicana de Aviacion, S.A. de C.V., and their affiliates, 

blanket statements of authorization, special authorization, and exemption authority of the 

same scope as the Joint Applicants are requesting here. See Notice of Action Taken dated 

April 29, 2004 (Docket OST-2004-16945). Prompt approval of this application is also 

warranted (except the statements of authorization and special authorization requested here 
Joint Application of 

Delta, ExpressJet, Comair, Pinnacle, SkyWest, Aeromexico, and Aerolitoral 

Page 9 

should continue in effect indefinitely, given that the services are now wholly consistent with 

the U.S.-Mexico agreement). 

9. Delta hereby states that this application will have no impact on its CRAF 

commitments. ExpressJet, Comair, Pinnacle, and SkyWest are not CRAF participants. 

WHEREFORE, Delta, ExpressJet, Comair, Pinnacle, SkyWest, Aeromexico, and 

Aerolitoral request that the Department promptly grant the authorizations and exemption 

authority described herein to enable the Joint Applicants to engage in third-country 

codesharing services to the full extent permitted by the U.S.-Mexico Air Transport Services 

Agreement. 

Respectfully submitted, 

 

/s/ John R. Mietus, Jr. 

________________________________ 

John R. Mietus, Jr. 

LAW OFFICE OF JOHN MIETUS, LLC 

Counsel for 

For AEROVIAS de MEXICO, S.A. de C.V. 

and AEROLITORAL, S,A, de C.V. d/b/a 

AEROMEXICO CONNECT 

/s/ Alexander Van der Bellen 

________________________________ 

Alexander Van der Bellen 

Managing Director – Government Affairs 

 & Associate General Counsel 

DELTA AIR LINES, INC. 

Counsel for 

DELTA AIR LINES, INC. and COMAIR, INC. 

/s/ Gerald F. Murphy 

________________________________ 

Gerald F. Murphy 

CROWELL & MORING LLP 

Counsel for 

EXPRESSJET AIRLINES, INC. and 

SKYWEST AIRLINES, INC. 

/s/ Brian T. Hunt 

________________________________ 

Brian T. Hunt 

Vice President and General Counsel 

PINNACLE AIRLINES CORP. 

Counsel for PINNACLE AIRLINES, INC. 
EXHIBIT A – Already Approved Behind/Beyond Third Country Codeshare Points

Delta Code on Aeromexico 

Lima, Peru 

Aeromexico Code on Delta 

Barcelona, Spain 

Frankfurt, Germany 

London, United Kingdom 

Madrid, Spain 

Milan, Italy 

Nice, France 

Paris, France 

Rome, Italy 

Tokyo, Japan 

Nagoya, Japan 

Aeromexico Code on Delta/ExpressJet/Comair/Pinnacle 

Points in Canada (previous notices have been given for Toronto, Montreal, and Ottawa) 

Note: All codesharing listed above is conducted on a blind-sector basis. 
CERTIFICATE OF SERVICE

A copy of the foregoing Joint Application has been served this 12th day of April, 2012 upon 

the following persons via email: 

Carrier Name Email Address 

AirTran/Southwest Bob Kniesley bob.kneisley@wnco.com 

Alaska Marshall Sinick msinick@ssd.com 

American Carl Nelson carl.nelson@aa.com 

Frontier/Republic Bob Cohn robert.cohn@hoganlovells.com 

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

JetBlue Jonathan Hill jhill@dowlohnes.com 

JetBlue Robert Land robert.land@jetblue.com 

Spirit Airlines David Kirstein dkirstein@yklaw.com 

Spirit Airlines Joanne Young jyoung@yklaw.com 

Sun Country John Fredericksen John.Fredericksen@suncountry.com 

United/Continental Dan Weiss dan.weiss@united.com 

United/Continental Jonathan Linde jonathan.linde@united.com 

United/Continental Oracio Marquez oracio.marquez@united.com

US Airways Benjamin Slocum benjamin.slocum@usairways.com 

US Airways Howard Kass howard_kass@usairways.com 

USA 3000 Pierre Murphy pmurphy@lopmurphy.com 

Virgin America Barbara Russell barbara.russell@virginamerica.com 

esta.rosenberg@dot.gov 

brian.hedberg@dot.gov 

brett.kruger@dot.gov 

info@airlineinfo.com