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

- Leon ) )

)

)

)

)

)

)

)

)

)

)

) Docket DOT

- OST

- 2013

- 0115

Application of

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

for an exemption pursuant to

49 U.S.C. § 40109

( Atlanta

- Leon ) )

)

)

)

)

)

)

)

)

) Docket DOT

- OST

- 1997

- 3289

Docket DOT

- OST

- 2000

- 7708

JOINT APPLICATION OF

DELTA AIR LINES, INC., and

AEROVIAS de MEXIC O, S.A. de C.V.

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. 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

March 21 , 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

- Leon) )

)

)

)

)

)

)

)

)

)

)

) Docket DOT

- OST

- 2013

- 0115

Application of

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

for an exemption pursuant to

49 U.S.C. § 40109

( Atlanta

- Leon) )

)

)

)

)

)

)

)

)

) Docket DOT

- OST

- 1997

- 3289

Docket DOT

- OST

- 2000

- 7708

JOINT APPLICATION OF

DELTA AIR LINES, INC., and

AEROVIAS de MEXIC O, S.A. de C.V.

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, Georgia and Leon , Mexico on the other

. Delta

seeks a statement of authorization to carry Aeromexico’s “AM*” code on these services.

In addition, Aerovias de Mexico, S.A. de C.V. ("Aeromexico" ) hereby applies for an

exemption to include the display of Aeromexico's "AM*" code on Delta mainline flights

.

Delta would like to increase capacity on this route, which it already serves in

conjunction with its Delta Connection partner, ExpressJet Airlines (“ExpressJet”). DeltaJoint Application

Page 2

plans to utilize 1 60

- seat Boeing 737

- 800 aircraft, equip ped with 16 first class , 1 8

economy comfort class, and 1 26 economy class seats. Delta requests that its

exemption authority be granted as soon as possible for a period of at least two years.

In support of this Joint Application, Delta and Aeromexico (the “Joint Applicants”)

state as follows:

1. The Joint Applicants request 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

– Leon route ;

b) an amended exemption to Aeromexico from 49 U.S.C. § 41301,

pursuant to 49 U .S.C. § 40109, authorizing Aeromexico to engage

in scheduled foreign air transportation of persons, property and mail

on the Atlanta

– Leon route on a code

- share basis on flights

operated by Delta ; and

c) a statement 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

– Leon route

. 1

2. The proposed service will provide significant benefits to travel ers 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 signed 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 wo U.S. carrier designations are authorized for the Atlanta

– Leon route

.

1 Aeromexico is authorized to place its "AM*" code on Aerolitoral operations on this route

pursuant to statement of authorization granted by NOAT issued Jul. 30, 2013 in DOT

- OST

- 2013

- 0127/OST

- 2013

- 0115. Aeromexico's application to place its code on ExpressJet's flight is

currently deferred.Joint Application

Page 3

Agreement Annex I(B)(4

- 5 )

. Atlanta

– Leon route ha s one designation available, with

one already awarded ExpressJet

. Delta’s daily mainline service will compliment

ExpressJet ’s service August 19, 2014

. Delta requests that the Department promptly

notify the Government of Mexico of Delta’s designation on this route.

3. Aeromexico is a flag carrier of the United Mexican States and holds a

foreign air carrier permit which authorizes service between Mexico and numerous U.S.

points. Order 91

- 5

- 25. Pursua nt to its permit and various exemption authorities,

Aeromexico provides extensive service between Mexico and the United States.

4. Delta holds various certificates of public convenience and necessity and

exemptions authorizing it to engage in scheduled foreig n air transportation of persons,

property and mail, including 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 Departm ent to take official notice of all

data on file with the Department necessary to establish Delta’s fitness.

5. The Joint Applicants plan to introduce the proposed codeshare service s

upon receipt of all necessary DOT and Mexico DGAC approvals, and request t hat the

exemption s and statement s of authorization are granted as soon as possible so that

Delta and Aeromexico can market these service s without delay. 2 Aeromexico reque sts

that its exemption authorities be effective for a period of at least one year

. Delt a

request s that its 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.

2 To the extent necessary, t he Joint Applicants request a waiver of the 45

- day advance filing

requirement for codeshare statements of authorization under 14 C.F.R. Part 212. In the eve nt

that Delta’s exemption request is ripe for action before DOT has received the codeshare

designat ion for Aeromexico from Mexico DGAC, Delta requests that its exemption be approved

and action deferred on the Aeromexico portion of this application.Joint Application

Page 4

6. The proposed codeshare service s will be operated pursuant to the

existing Delta/Aeromexico codeshare agreement previously approved by the

Department.

7. Approval of the requested codeshare authorities is in the public interest

and will provide important additional service and competitive options to U.S.

– Mexico

travelers and shippers. Authorizing Aeromexico to display its code on these additional

Delta operated transborder route s will enhance competition and expand price and

service options for U.S.

– Mexico travelers.

8. Approval of the codeshare exemption s and statement s of authorization is

consistent with the U.S.

– Mexico Air Transport Services Agreement, including 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,

airlines, and airports.” DOT Order 99

- 6

- 6, at 6. The Mexican government will notify the

U.S. government of Aeromexico’s designation s to codeshare on each of the above

mentioned routes operated by Delta.

9. The Joint Applicants 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.

10. D elta affirms that its operation of these route s will have no impact on

Delta’s Civil Reserve Air Fleet (“CRAF”) commitment.

11. 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.

WHEREFORE, Delta requests issuance of exemption authorities to engage in

scheduled foreign air trans portation of per sons, property, and mail on the Atlanta

– LeonJoint Application

Page 5

route

. Also, Aeromexico and Delta request that the Department promptly grant the

codeshare ex emption authorities and statement s of authorization described herein.

Respectfully submitted,

/s/ John R. Mietus, Jr. /s/

_______________________ _____________________

John R. Mietus, Jr.

Law Office of John Mietus, LLC

Counsel for

For AEROVIAS de MEXICO, S.A. de C.V. 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 21 st day of March, 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 Jonathan Hill jhill@dowlohnes.com

JetBlue Robert Land robert.land@jetblue.com

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

Spirit Airlines David Kirstein dkirstein@yklaw.com

Spirit Airlines Joanne Young jyoung@yklaw.com

Sun Country John Fredericksen j ohn. f redericksen@suncountry.com

United Dan Weiss dan.weiss@united.com

United Thomas Bolling thomas.bolling@united.com

United Karine Faden karine.faden@united.com

United Oracio Marquez oracio.marquez@united.com

Virgin America Barbara Russell barbara.russell@virginamerica.com

Esta Rosenberg e sta.rosenberg@dot.gov

Brian Hedberg brian.hedberg@dot.gov

Robert Finamore robert.finamore@ dot.gov

Brett Kruger brett.kruger@dot.gov

Info info@airlineinfo.com