BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

Joint Application of ) 

) 

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

DELTA AIR LINES, INC. ) Dockets OST-1997-3289

COMPASS AIRLINES, LLC ) OST-2000-7708

) 

for an exemption under 49 U.S.C. § 40109, a ) 

statement of authorization under 14 C.F.R. ) 

Part 212, and special authorization under )

14 C.F.R Part 216 )

__________________________________________)

JOINT APPLICATION OF AEROVIAS DE MEXICO,

S.A. DE C.V., DELTA AIR LINES, INC.,

AND COMPASS AIRLINES, LLC

Communications with respect to this document should be sent to:

John R. Mietus, Jr. Alexander Van der Bellen

Law Office of John Mietus, LLC Managing Director, Regulatory and Int’l

6701 Democracy Blvd., Suite 300 Affairs & Associate General Counsel

Bethesda, MD 20817-7500 Christopher Walker

(202) 747-5212 Regional Director, Regulatory and Int’l

john@mietuslaw.com Affairs

Counsel for AEROVIAS DE MEXICO, DELTA AIR LINES, INC.

S.A. DE C.V. 1212 New York Avenue, NW

Washington, DC 20005

Lisa A. Harig (202) 842-4184

McBreen & Kopko sascha.vanderbellen@delta.com

1501 Lee Highway, Suite 180 chris.walker@delta.com

Arlington, VA 22209

(703) 247-5487

lharig@mklawdc.com

Counsel for COMPASS AIRLINES, LLC

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 March 25, 2014.

March 10, 2014
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

Joint Application of ) 

) 

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

DELTA AIR LINES, INC. ) Dockets OST-1997-3289

COMPASS AIRLINES, LLC ) OST-2000-7708

) 

for an exemption under 49 U.S.C. § 40109, a ) 

statement of authorization under 14 C.F.R. ) 

Part 212, and special authorization under )

14 C.F.R Part 216 )

__________________________________________)

JOINT APPLICATION OF AEROVIAS DE MEXICO,

S.A. DE C.V., DELTA AIR LINES, INC.,

AND COMPASS AIRLINES, LLC

Aerovias de Mexico, S.A. de C.V. (“Aeromexico”), Delta Air Lines, Inc. 

(“Delta”), and Compass Airlines, LLC (“Compass”) (together, the “Joint 

Applicants”) hereby apply for authority to expand Aeromexico’s existing 

codesharing on Delta and its Delta Connection regional carriers to include 

expanded Delta Connection operations by Compass.1 Specifically, pursuant 

to 49 U.S.C. § 40109(c), Aeromexico requests an exemption from the 

provisions of 49 U.S.C. § 41301 to the extent necessary to permit Aeromexico 

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

mail between Aeromexico’s authorized U.S. gateway points and other points 

within the U.S. for the purpose of blind-sector, code-sharing services between 

 

1/ Aeromexico and Compass currently hold code-sharing authority in Docket OST-2013-

0063 permitting Compass to carry the “AM” code in the Detroit-Monterrey market; 

an application in that docket for Atlanta-Monterrey authority remains pending.
- 2 - Aeromexico, Delta, and Compass

Joint Code-Sharing Application

the U.S. gateway points and other points in the U.S. on flights operated by 

Compass. Aeromexico also seeks a special authorization 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 code-sharing services with 

Delta/Delta Connection.

Pursuant to 14 C.F.R. Part 212, Compass seeks a statement of 

authorization allowing Compass to display Aeromexico’s “AM” code on Delta 

Connection flights Compass operates: (a) on a blind-sector basis between 

Aeromexico’s U.S. gateway points and other points in the U.S., and (b) 

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.

The Aeromexico exemption and special authorization are requested for 

at least one year, and Compass’s statement of authorization is requested for 

an indefinite period subject to standard code share conditions.2

 

2/ To the extent necessary, the Joint Applicants request waivers of the 45-day advance 

filing requirement for codeshare statements of authorization under 14 C.F.R. Part 

212 and the 60-day advance filing requirement for special authorizations under 14 

C.F.R. Part 216.
- 3 - Aeromexico, Delta, and Compass

Joint Code-Sharing Application

In support of this Joint Application, Aeromexico, Delta, and Compass

state as follows: 

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

currently holds a foreign air carrier permit which authorizes service between 

Mexico and numerous U.S. points. Order 91-5-25. Pursuant to its permit and 

various exemption authorities, Aeromexico provides extensive service 

between Mexico and the United States. By this application, Aeromexico seeks 

a beyond-gateway exemption identical to the authority it currently holds with 

respect to Delta and several Delta Connection carriers; that is, an exemption 

permitting Aeromexico to serve U.S. points beyond its U.S. gateway points by 

displaying its “AM” code, on a blind sector basis, on flights operated by 

Compass.3 Aeromexico also seeks a special authorization – again identical to 

the authority it currently holds with respect to Delta and certain other Delta 

Connection carriers – permitting it to serve points in third countries beyond 

its U.S. gateway points by displaying its “AM” code, on a blind-sector basis, 

on flights operated by Compass.4

2. To carry the “AM” code on its Delta Connection flights in the United 

States and to and from third countries, Compass similarly requests the same 

 

3/ Aeromexico exemptions for such code-sharing are in force for the following carriers: 

Delta and Expressjet (last Notice of Action Taken (NOAT) dated Apr. 16, 2013),

SkyWest (last NOAT dated Apr. 10, 2013 in Docket OST-2008-0305), and Endeavor 

(last NOAT dated Nov. 18, 2013).

4/ Similar special authorizations are in force for Delta, Endeavor, ExpressJet, and 

SkyWest under a consolidated authorization granted by NOAT dated May 21, 2013.
- 4 - Aeromexico, Delta, and Compass

Joint Code-Sharing Application

code-sharing authority obtained by other Delta Connection carriers. 

Specifically, Compass requests a statement of authorization allowing 

Compass to display Aeromexico’s “AM” code on Delta Connection flights 

Compass operates, as described above on a blind-sector basis between: (a) 

Aeromexico’s U.S. gateways and other U.S. points and (b) between U.S. 

points and points in third countries.5

3. The proposed codeshare services will be operated pursuant to the 

Delta/Aeromexico code-share agreement previously approved by the 

Department and an ancillary Delta/Aeromexico/Compass code-share 

agreement. A redacted copy of the ancillary Delta/Aeromexico/Compass

codeshare agreement is attached to this Application. 

4. The same public interest considerations that have supported the 

grant of code-share authority to Aeromexico, Delta, and Delta Connection 

carriers apply with equal force to the services operated by Compass on behalf 

of Delta. Aeromexico and Delta have a longstanding code-sharing 

relationship, and grant of this application will enable Aeromexico to further 

expand its on-line service options, providing important new service and 

competitive options to U.S. – Mexico travelers and shippers. 

 

5/ Such statements of authorization cover the domestic U.S. operations of the following 

carriers: Delta and Expressjet (Order 99-6-6); SkyWest (NOAT dated Dec. 19, 2008 

in Docket OST-2008-0305); and Endeavor (NOAT dated Feb. 25, 2011). A statement 

of authorization issued by NOAT dated Apr. 19, 2012 covers operations by all of these 

carriers to third countries.
- 5 - Aeromexico, Delta, and Compass

Joint Code-Sharing Application

5. Approval of the requested authority is consistent with the U.S. –

Mexico Air Transport Services Agreement, as most recently amended on 

December 12, 2005. The Department has granted multiple similar U.S. –

Mexico 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 special authorization for Aeromexico 

under Part 216 is consistent with Annex III, Paragraph 2 of the U.S.-Mexico 

agreement6 and with Department precedent.

6. To simplify administration of Aeromexico’s beyond-gateway codesharing on Delta and Delta Connection carriers, the Joint Applicants have 

docketed this application with the identical authority granted with respect to 

Delta and Delta Connection operations by Endeavor and Expressjet. The 

Joint Applicants further request that, as the Department accepted with 

respect to Endeavor, any point notice given for one Delta/Delta Connection 

carrier be deemed notice for Delta, Expressjet, Endeavor, and Compass with 

respect to that point as served via any of Aeromexico’s authorized U.S. 

gateways. The Joint Applicants further incorporate by reference all previous 

 

6/ “Any designated airline of one Party may enter into cooperative marketing 

arrangements with an airline or airlines of either Party, or of a third country, to 

provide scheduled service to intermediate points not included in the route schedule 

set forth in Annex I, and to points behind or beyond the territory of that other Party 

not included in that 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, intermediate, and beyond point or points.” 
- 6 - Aeromexico, Delta, and Compass

Joint Code-Sharing Application

beyond-gateway point notices provided in the above-captioned dockets as 

notice with respect to Compass.

WHEREFORE, Aeromexico, Delta, and Compass request that the 

Department promptly grant the authority described herein and such other 

relief as may be necessary or proper. 

Respectfully submitted,

John R. Mietus, Jr. Alexander Van der Bellen

Law Office of John Mietus, LLC Managing Director, Regulatory and Int’l

6701 Democracy Blvd., Suite 300 Affairs & Associate General Counsel

Bethesda, MD 20817-7500 Christopher Walker

(202) 747-5212 Regional Director, Regulatory and Int’l

john@mietuslaw.com Affairs

Counsel for AEROVIAS DE MEXICO, DELTA AIR LINES, INC.

S.A. DE C.V. 1212 New York Avenue, NW

Washington, DC 20005

(202) 842-4184

sascha.vanderbellen@delta.com

chris.walker@delta.com

Lisa A. Harig

McBreen & Kopko

1501 Lee Highway, Suite 180

Arlington, VA 22209

(703) 247-5487

lharig@mklawdc.com

Counsel for COMPASS AIRLINES, LLC

March 10, 2014




CERTIFICATE OF SERVICE

I hereby certify that I have, this 10th day of March, 2014 caused a copy

of the foregoing Joint Application to be served by electronic mail on the 

following persons:

robert.wirick, francis.heil@aa.com

lhalloway@crowell.com for United

dan.weiss, steve.morrissey@united.com

howard.kass, benjamin.slocum@usairways.com

nssparks, gbleopard@fedex.com

jrichardson@johnlrichardson.com + jcanny@amerijet.com

anita.mosner, jennifer.nowak@hklaw.com for UPS

jhill@cooley.com for Hawaiian and JetBlue

robert.land@jetblue.com

thomas.ting@suncountry.com

bob.kneisley, leslie.abbott@wnco.com for Southwest and AirTran

robert.cohn, patrick.rizzi@hoganlovells.com for Frontier/Republic

jyoung, dkirstein@yklaw.com for Spirit

msinick@ssd.com for Alaska

agoerlich@ggh-airlaw.com for Ryan Int'l

barbara.russell@virginamerica.com

urskr@state.gov

john.s.duncan@faa.gov

_____________________________

John R. Mietus, Jr.

4821-2159-3876, v. 1