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

( Pittsburgh and Kansas City

- Cancun ) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 2013

-

Application of

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

for an exemption pursuant to 49 U.S.C. § 40109

(Pittsburgh and Kansas City

- Cancun) ) ) ) ) ) ) ) ) ) ) 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

Ju ly 9 , 201 3

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

(Pittsburgh and Kansas City

- Cancun) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT

- OST

- 2013

-

Application of

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

for an exemption pursuant to 49 U.S.C. § 40109

(Pittsburgh and Kansas City

- Cancun) ) ) ) ) ) ) ) ) ) ) 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 Pittsburgh, Pennsylvania and Kansas City, Missouri, on the

o ne hand, and Cancun , 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 flights on these route s

.Joint Application Page 2

Delta would li ke to add new service on these route s and plans to offer seasonal

,

Saturday

- only service beginning on or about December 2 1 , 201 3

. Delta plans to utilize

149

- seat McDonnell Douglas MD88 aircraft, equip ped with 16 first class , 15 economy

comfort class, and 118 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 p ersons,

property and mail on the Pittsburgh

- Cancun and Kansas City

Cancun route s ;

b) an 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, propert y and mail on the

Pittsburgh

- Cancun and Kansas City

- Cancun routes 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 Pittsburgh

- Cancun and Kansas

City

- Cancun routes

.

2. The proposed service will provide signi ficant benefits to travelers 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 go vernments on December 12, 2005.

Route 1(a) of the Agreement authorizes carriers designated by the U.S. to operateJoint Application Page 3

“[f]rom a point or points in the United States to a point or points in Mexico.” Annex

I(A)(1)(a ). T hree U.S. carrier designations are authorized for the Pittsburgh

- Cancun and

Kansas City

- Cancun routes

. Agreement Annex I(B)(4

- 5 )

. The Pittsburgh

- Cancun and

Kansas City

- Cancun routes have two carrier designations available each , with one

designation already awarde d to Frontier Airlines, Inc. for both routes

. 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. Pursuant 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 foreign 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 Orde r 2010

- 3

- 12

. Pursuant to Rule 24 of the

Department’s Rules of Practice, Delta asks the Department 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 c odeshare 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. 1 2 Aeromexico reque sts

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

. Delta

request s that its codesharing statement s of authorization remain in effect indefinitely,

1 To the extent necessary, the Joint Applicants request a waiver of the 45

- day advance filing requirement for codeshare statements of authorization under 14 C.F.R. Part 212.

2 In the eve nt that Delta’s exemption request is ripe for action before DOT has r eceived the codeshare designation 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

consistent with the duration of the U.S.

– Mexico codeshare a uthorities granted by DOT

Order 99

- 6

- 6.

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 i nterest

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 pri ce 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.Joint Application Page 5

WHEREFORE, Delta requests issuance of exemption authorities to engage in

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

Cancun and Kansas City

- Cancun routes

. 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 9 th day of July , 2013 , upon the following persons via email:

Air Carrier Name Email Address

Alaska Airlines Marshall Sinick msinick@ssd.com

American Francis Heil francis.heil@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 Kar ine Faden karine.faden@united.com

United Oracio Marquez oracio.marquez@united.com US Airways Benjamin Slocum benjamin.slocum@usairways.com US Airways Howard Kass howard_kass@usairways.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