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 code-share ) 

statements of authorization ) 

(Cancun-Dallas/Ft. Worth & Houston) ) 

__________________________________________) 

EXPEDITED ACTION REQUESTED 

JOINT APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. AND 

DELTA AIR LINES, INC. FOR EXEMPTIONS AND A CODE-SHARE 

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 AEROVIAS DE 

MEXICO, S.A. DE C.V. 

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 Delta 

and Aeromexico and upon persons served with this application 

no later than June 13, 2013. THE JOINT APPLICANTS 

INTEND TO POLL.

May 29, 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- 

 ) May 29, 2013 

for exemptions and code-share ) 

statements of authorization ) 

(Cancun-Dallas/Ft. Worth & Houston) ) 

__________________________________________) 

EXPEDITED ACTION REQUESTED 

JOINT APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. AND 

DELTA AIR LINES, INC. FOR EXEMPTIONS AND A CODE-SHARE 

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 between Cancun, Mexico, on the one hand, and 

Dallas/Ft. Worth and Houston, Texas, on the other: (1) an exemption, 

pursuant to 49 U.S.C. § 40109, authorizing Aeromexico to operate such 

transportation in both markets; (2) an exemption authorizing Delta to engage 

in such transportation in both markets pursuant to its code-share agreement 

with Aeromexico; and (3) a statement of authorization permitting Aeromexico 

to display Delta’s DL* designator code on flights Aeromexico operates in both 

markets. Delta further requests the Department transmit the necessary 

codeshare-only designations to the Government of Mexico to facilitate 
- 2 - Delta/Aeromexico 

Joint Application 

Mexican licensing of the proposed services under the U.S.-Mexico Air 

Transport Agreement, as amended in 1999 and 2005. So that they may begin 

marketing service proposed for July 2013, the Joint Applicants request 

expedited consideration of this application; after polling U.S. carriers served 

with this application, they will report the poll results to the Department.1 In 

support of this Joint Application, Aeromexico and Delta state as follows: 

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

currently holds a permit, Order 91-5-25, and various exemptions which 

authorize service between Mexico and numerous U.S. points. Pursuant to this 

authority, Aeromexico provides extensive transborder service. By this 

application, Aeromexico seeks an exemption to engage in scheduled, 

combination service in two new Cancun-U.S. markets. Daily nonstop services 

operated by Aeromexico on each of these routes, using Boeing B737 or other 

appropriate aircraft, will generate significant benefits for the traveling and 

shipping public. 

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." Aeromexico has 

 

1/ The Joint Applicants also request a waiver of the 45-day advance filing 

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

212 so that the proposed codeshare services may begin without delay. 
- 3 - Delta/Aeromexico 

Joint Application 

been designated to serve these routes and holds Mexican DGAC authority to 

do so. 

3. Under 49 U.S.C. § 40109(c), the Department may grant an 

exemption if it finds that a grant is consistent with the public interest. 

Designation of a carrier by its homeland government is the most significant 

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

interest. 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. Given Aeromexico's 

expected designations for these routes, such a public interest finding is 

warranted. 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. 

4. So that Delta may offer code-share service on these 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 

both 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 
- 4 - Delta/Aeromexico 

Joint Application 

Practice, of all data on file with the Department necessary to establish its 

fitness.

5. Approval of the requested code-sharing authority is in the public 

interest. Authorizing Delta to offer service in the Cancun-Dallas/Ft. Worth 

and Cancun-Houston markets on a code-share basis 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 exercise of such codeshare 

rights “will benefit travelers, shippers, businesses, cities, airlines, and 

airports.” DOT Order 99-6-6, at 6. Moreover, the amended agreement 

authorizes up to ten carriers from each country to provide codeshare services 

on any nonstop U.S.–Mexico city-pair segment, leaving abundant 

opportunities for other carriers.