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)

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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)

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Docket DOT-OST-1997-3289

Docket DOT-OST-2000-7708 

JOINT APPLICATION OF

DELTA AIR LINES, INC., and

AEROVIAS de MEXICO, 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

July 9, 2013

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 MEXICO, S.A. de C.V.

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Rules of 

Practice, Delta Air Lines, Inc. (“Delta”) hereby applies for an exemption from 49 U.S.C. § 

41101 authorizing Delta to engage in scheduled foreign air transportation of persons, 

property, and mail between Pittsburgh, Pennsylvania and Kansas City, Missouri, on the 

one 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 routes.
Joint Application

Page 2

Delta would like to add new service on these routes and plans to offer seasonal, 

Saturday-only service beginning on or about December 21, 2013. Delta plans to utilize 

149-seat McDonnell Douglas MD88 aircraft, equipped 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 persons, 

property and mail on the Pittsburgh-Cancun and Kansas CityCancun routes;

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, property 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 significant benefits to travelers and 

shippers and is clearly in the public interest. The requested exemption 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 governments on December 12, 2005. 

Route 1(a) of the Agreement authorizes carriers designated by the U.S. to operate 
Joint 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). Three 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 awarded 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 Order 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 codeshare services

upon receipt of all necessary DOT and Mexico DGAC approvals, and request that the 

exemptions and statements of authorization are granted as soon as possible so that 

Delta and Aeromexico can market these services without delay.12 Aeromexico requests 

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

requests that its codesharing statements 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 event that Delta’s exemption request is ripe for action before DOT has received 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 authorities granted by DOT 

Order 99-6-6.

6. The proposed codeshare services 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 interest 

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 routes will enhance competition and expand price and 

service options for U.S. – Mexico travelers.

8. Approval of the codeshare exemptions and statements 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 designations to codeshare on each of the above 

mentioned routes operated by Delta.

9. The Joint Applicants will conduct these codeshare services in accordance 

with 14 C.F.R. Part 257 and the other conditions normally imposed by the Department 

on codesharing statements of authorization.

10. Delta affirms that its operation of these routes 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 transportation of persons, property, and mail on the PittsburghCancun and Kansas City-Cancun routes. Also, Aeromexico and Delta request that the 

Department promptly grant the codeshare exemption authorities and statements 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 9th 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 john.fredericksen@suncountry.com

United Dan Weiss dan.weiss@united.com

United Thomas Bolling thomas.bolling@united.com

United Karine 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 esta.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