BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Joint Application of ) 

 ) 

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

DELTA AIR LINES, INC. ) DOCKET OST-2013-____

 ) 

for exemptions and a code-share ) 

statement of authorization ) 

(US-Mexico markets) ) 

__________________________________________) 

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 AEROMEXICO 

Alexander Van der Bellen 

Managing Director – Government 

Affairs & Associate General Counsel 

Christopher Walker 

Regional Director – Government 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 14, 2013. THE 

JOINT APPLICANTS INTEND TO POLL. 

September 27, 2013
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Joint Application of ) 

 ) 

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

DELTA AIR LINES, INC. ) DOCKET OST-2013-____

 ) September 27, 2013 

for exemptions and a code-share ) 

statement of authorization ) 

(US-Mexico markets) ) 

__________________________________________) 

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 in new Mexico-U.S. city-pair markets as 

described below:

(1) an exemption, pursuant to 49 U.S.C. § 40109 and for an initial period 

of one year, authorizing Aeromexico to operate such service in the 

following markets: 

Leon (El Bajio), Mexico – Sacramento, California 

Leon (El Bajio), Mexico – San Francisco, California 

Monterrey, Mexico – Los Angeles, California

Morelia, Mexico – Fresno, California 

Morelia, Mexico – Chicago, Illinois 

(2) a statement of authorization, pursuant to 14 C.F.R. Part 212 and of 

indefinite duration, permitting Aeromexico to display the DL* 

designator code of Delta on Aeromexico-operated flights in these 

markets; and 
Aeromexico/Delta 

Application 

Page 2 

(3) a code-share exemption, for an initial period of two years, authorizing 

Delta to engage in such transportation in these city-pair markets by 

placing its code on Aeromexico1. 

So that the Joint Applicants may begin marketing service in these additional 

markets, they request expedited Department action and will report the 

results of their poll of U.S. carriers served with the Joint Application.2

 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

Department permit and exemption authority to provide service between 

Mexico and numerous U.S. points. It provides extensive U.S.-Mexico service. 

Aeromexico now proposes to begin daily or several weekly flights in each 

market with Boeing 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." The Joint 

Applicants understand that Aeromexico will soon be designated to serve the 

routes, and designation of a carrier by its homeland government is the most 

 

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. 

2/ The Joint Applicants also request a waiver of the 45-day advance notice requirement 

prescribed by 14 C.F.R. § 212.10(d)(2). 
Aeromexico/Delta 

Application 

Page 3 

significant factor in determining whether grant of an application is in the 

public interest.3 The services for which Aeromexico requests authority also 

will benefit business travelers, tourists, and shippers, further demonstrating 

that grant of the exemption would be consistent with the public interest. 

3. So that Delta may offer code-share service on the routes pursuant to 

its longstanding code-share agreement with Aeromexico, the Joint Applicants 

also request code-share exemption authority for Delta, and a statement of 

authorization authorizing Aeromexico to carry Delta’s code, in these markets. 

Delta 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 also 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 is in the public 

interest. Authorizing Delta to offer code-share service in these markets will 

enhance competition and expand price and service options for U.S. – Mexico 

travelers. Approval of the exemption and statement of authorization also is 

consistent with the U.S.–Mexico agreement. The Department has granted 

similar U.S. – Mexico transborder codesharing requests, finding that the 

 

3/ 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.