BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Joint Application of ) ) AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKETS OST

- 2014

-

____

and ) OST

- 1997

- 3289 DELTA AIR LINES, INC. ) OST

- 2000

- 7708 ) for exemptions and a code

- share )
statement of authorization ) ( Guadalajara

- Denver ) ) __________________________________________)

EXPEDITED ACTION REQUESTED

JOINT APPLICATION OF A EROVIAS DE MEXICO, S.A. DE C.V. AND DELTA AIR LINES, INC. FOR EXEMPTION S AND A STATEMENT OF AUTHORIZATION

Communications with respect to this document should be sent 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 AEROLITORAL

and AEROMEXICO 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 (2 02) 842

- 4184 sascha.vanderbellen@delta.com chris.walker@delta.com

NOTICE: Any person may support or oppose this application by filing an answer and serving a copy of the answer on counsel for the Joint Applicants and upon persons served with this application no later than October 13 , 2014. THE JOINT APPLICANTS INTEND TO POLL.
September 26 , 2014BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Joint Application of ) ) AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKETS OST

- 2014

-

____

and ) OST

- 1997

- 3289 DELTA AIR LINES, INC. ) OST

- 2000

- 7708 ) September 26, 2014 for exemptions and a code

- share ) statement of authorization ) ( Guadalajara

- Denver ) ) __________________________________________)

EXPEDITED ACTION REQUESTED

JOINT APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. AND DELTA AIR LINES, INC. FOR EXEMPTION S AND A STATEMENT OF AUTHORIZATION

Aerovias de Mexico, S.A. de C.V. ("Aeromexico")

, and Delta Air Lines,

Inc. (“Delta”) (together, the “Joint Applicants”) respectfully apply for the

following authority to engage in scheduled, foreign air transportation of

persons, property, and mail between Guadalajara , Mexico and Denver,

Colorado :

( 1) an exemption, for an initial one

- year period and pursuant to 49 U.S.C. § 4 0109, authorizing Aeromexico to operate such service;

(2) a code

- share exemption, for an initial two

- year period and pursuant to 49 U.S.C. § 40109, authorizing Delta to operate such service by placing its code on Aeromexico flights;

0F 1

( 3 ) a statement of authorization

, of indefinite duration and pursuant to 14 C.F.R. Part 212, permitting Aeromexico to display the DL* designator codes of Delta on Aeromexico

- operated flights on this route ; and

1 / Delta further request s the Department transmit the necessary code

- share designation to the Government of Mexico to facilitate Mexican licensing of Delta’s proposed services on Aeromexico under the U.S.

- Mexico Air Transport Agreement

.Aeromexico and Delta Application Page 2

( 4 ) W aiver of the 45

- day advance filing requirement for the codeshare statement of authorization under 14 C.F.R. Part 212.

T he Joint Applicants request expedited con sideration of this application , and

a fter polling U.S. carriers served with it , they will report the poll results to

the Department. In support of thi s Joint Application, the Joint Applicants

state as follows:

1. Aeromexico is a flag carrier of the United Mexican States that hold s

a range of Department permit and exemption author ity to provide service

between M exico and numerous U.S. points. It provides extensive transborder

service pursuant to this authority . Aeromexico proposes initially to operate

daily Guadalajara

- Denver service with B737 aircraft.

2. Annex 1 to the 1960 Air Transport Agreement, as amended, between

the United Mexican States and the United States provides that a carrier

designated by the Government of Mexico is entitled to operate "[f]rom a point

or points in Mexico to a point or poin ts in the United States." Aeromexico

understands that it was designated for the route in 2009.

1F 2 Further, under

Annex 3 either party may authorize an airline to serve a transborder route by

2 / Designation of a carrier by its homeland government is the most significant factor in determining whether grant of an application is in the public interest. See, e.g., Bluebird Cargo Ltd. , Order 2004

- 8

- 24 at 3

- 4; Fast Air Carrier Ltda., Permit Amendment , Order 82

- 2

- 66 at 3

- 4.Aeromexico and Delta Application Page 3

displaying its code on flights of an airline designated to operate service on

that route. For these reasons, the proposed Aeromexico

- Delta code

- share

service is consistent with the agreement and, therefore, the public interest.

3

. Delta also is fit, willing, and able to engage in these services on a

code

- share basis, as it operates numerous U.S.

- Mexico transborder services

under various exemptions and pursuant to Delta’s certificate authority for

Route 901. See Order 2010

- 3

- 12. Delta requests that the Department take

official notice, pursuant to Rule 24 of the Depart ment’s Rules of Practice, of

all data on file with the Department necessary to establish its fitness.

4

. Approval of the requested code

- sharing auth ority as to Delta also is

in the public interest. Delta’s proposed code

- share service will further

enhance competition and expand price and service options for U.S.

– Mexico

travelers. See, e.g., Order 99

- 6

- 6, at 6.