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, 2011BEFORE 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 Dock et 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