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

AND DELTA AIR LINES, INC. FOR EXEMPTIONS

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

(202) 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, 2014
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

) 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 EXEMPTIONS

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. 

§ 40109, 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 requests 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) Waiver of the 45-day advance filing requirement for the codeshare 

statement of authorization under 14 C.F.R. Part 212.

The Joint Applicants request expedited consideration of this application, and 

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

the Department. In support of this Joint Application, the Joint Applicants

state as follows:

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

a range of Department permit and exemption authority to provide service 

between Mexico 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 points 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 Department’s Rules of Practice, of 

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

4. Approval of the requested code-sharing authority 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.