BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

AMERICAN AIRLINES, INC. 

Under 49 U.S.C. § 40109 for an exemption 

(New York-Mexico City)

Docket OST-2011-0123

In the matter of the application of 

 

CONCESIONARIA VUELA COMPAÑIA DE 

AVIACIÕN, S.A.P.I. DE C.V. d/b/a VOLARIS 

for an exemption from 

49 U.S.C. § 41301 

 

Docket OST-2011-0117 

CONSOLIDATED ANSWER OF DELTA AIR LINES, INC.

Communications with respect to this document should be addressed to: 

Alexander Van der Bellen 

 Managing Director, Government Affairs 

 & Associate General Counsel 

Jeff Morgan, Regional Director 

DELTA AIR LINES, INC. 

1212 New York Avenue NW, Suite 200 

Washington, D.C. 20005 

(202) 842-4184 

sascha.vanderbellen@delta.com

 

July 7, 2011
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

AMERICAN AIRLINES, INC. 

Under 49 U.S.C. § 40109 for an exemption 

(New York-Mexico City)

Docket OST-2011-0123

In the matter of the application of 

 

CONCESIONARIA VUELA COMPAÑIA DE 

AVIACIÕN, S.A.P.I. DE C.V. d/b/a VOLARIS 

for an exemption from 

49 U.S.C. § 41301 

 

Docket OST-2011-0117 

CONSOLIDATED ANSWER OF DELTA AIR LINES, INC.

Delta hereby filed this consolidated Response to the above-captioned applications 

of American and Volaris.1

 On June 20, 2011, Volaris sought extrabilateral exemption 

authority to serve certain former Mexicana-operated routes. Volaris’s application was 

occasioned by the bankruptcy and cessation of operations by Mexicana. Delta did not 

object to Volaris’s request due to the unique circumstances, the overall positive state of 

U.S.-Mexico aviation relations, and the important conditions detailed in Volaris’s 

application. Specifically, Volaris states that: 

• “Under Mexican law, the Government of Mexico cannot re-assign (even 

temporarily) any of Mexicana’s designations while it is under the protection of the 

 

1

 Delta’s Answer to American’s application in Docket 2011-0123 is timely filed, and, to the extent 

necessary, Delta requests leave to file in the Volaris Docket 2011-0117 due to the new issues 

raised by American’s filings. 
Consolidated Answer of Delta 

Page 2 

Concurso Mercantil (which is equivalent to U.S. bankruptcy procedures). As a 

result, Mexico is unable to substitute another Mexican carrier for temporary service 

on Mexicana’s routes, leaving a number of U.S.-Mexico routes with substantially 

decreased competition, fewer service options and higher fares. Volaris therefore 

requests approval of its application on a conditional basis allowing it to provide 

service on these three routes until Mexicana resumes flight operations on them.” 

(application at 4) 

• “The Mexican Government’s letter makes clear that any such authorization would 

be temporary and that it would not result in Mexican carrier operations on any 

U.S.-Mexico route in excess of the bilateral limit. “ (application at 5) 

On July 5, 2011, American filed an answer to Volairs, as well as American’s own 

application for extrabilateral New York (JFK) -Mexico City authority. American states that 

it does not object to Volaris’s application, so long as American’s extrabilateral request is 

also granted. 

Delta respectfully submits that the American and Volaris requests are not 

comparable. First, there are no bankruptcy or other legal constraints that prevent U.S. 

carriers from fully utilizing all available designations belonging to the U.S. side. Second, 

unlike Volaris’s proposed condition which would limit Mexican carriers from operating 

more designations than exist for the Mexican side, American’s request seeks to exceed 

the U.S. operating limit. 

Should the Department be prepared to entertain such extrabilateral requests for 

Mexico service by U.S. carriers, Delta requests that applications be invited from all U.S. 

carriers, so that all extrabilateral service requests can be considered together in a fair and 

orderly process. 
Consolidated Answer of Delta 

Page 3 

Respectfully submitted, 

Alexander Van der Bellen 

 Managing Director, Government Affairs 

 & Associate General Counsel 

DELTA AIR LINES, INC. 
 CERTIFICATE OF SERVICE 

I hereby certify that on this 7th day of July, 2011, a copy of the foregoing 

Consolidated Answer of Delta Air Lines, Inc. was served upon the following persons via 

email:

carl.nelson@aa.com 

Charles.Donley@ssd.com 

dan.weiss@coair.com; 

steve.morrissey@united.com; 

efaberman@wrf.com; 

Marshall.Sinick@ssd.com 

howard.kass@usairways.com; 

benjamin.slocum@usairways.com; 

jhill@dowlohnes.com; 

mlbenge@zsrlaw.com; 

dkirstein@yklaw.com;; 

pmurphy@lopmurphy.com; 

pmurphy@ggh-airlaw.com 

Paul.Gretch@dot.gov 

Brian.Hedberg@dot.gov; 

Esta.Rosenberg@dot.gov 

George.Wellington@dot.gov; 

Robert.Finamore@dot.gov 

info@airlineinfo.com