BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ ) Joint Application of ) ) AEROLITORAL, S.A. DE C.V. ) DOCKET OST

- 2013

-

____ D/B/A AEROMEXICO CONNECT, ) AEROVIAS DE MEXICO, S.A. DE C.V. , and ) DELTA AIR LINES, INC. ) DOCKET OST

- 2013

- 0115 ) for exemptions and a code

- share ) statement of authorization ) ( Atlanta

- Leon/Guanajuato ) ) __________________________________________)

EXPEDITED ACTION REQUESTED
JOINT APPLICATION OF AEROLITORAL, S.A. DE C.V., A EROVIAS DE MEXICO, S.A. DE C.V., AND DELTA AIR LINES, INC. FOR AN EXEMPTION, AMENDED CODE

- SHARE 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 AEROLITORAL and 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 Avenu e, 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 July 16 , 2013. THE JOINT APPLICANTS INTEND TO POLL. July 1 , 2013BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ ) Joint Application of ) ) AEROLITORAL, S.A. DE C.V. ) DOCKET OST

- 2013

-

____ D/B/A AEROMEXICO CONNECT, ) AEROVIAS DE MEXICO, S.A. DE C.V., and ) DELTA AIR LINES, INC. ) DOCKET OST

- 2013

- 0115 ) for exemptions and a code

- share ) July 1, 2013 statement of authorization ) (Atlanta

- Leon/Guanajuato) ) __________________________________________)

EXPEDITED ACTION REQUESTED JOINT APPLICATION OF AEROLITORAL, S.A. DE C.V., AEROVIAS DE MEXICO, S.A. DE C.V., AND DELTA AIR LINES, INC. FOR AN EXEMPTION, AMENDED CODE

- SHARE EXEMPTIONS, AND A

STATEMENT OF AUTHORI ZATION Aerolitoral, S.A. de C.V. d/b/a Aeromexico Connect, 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 Leon/Guanajuato , Mexico and Atlanta, Georgia : ( 1) an exemption, for an initial one

- year period and pursuant to 49 U.S.C. § 4 0109, authorizing Aerolitoral to operate such service; (2) a statement of authorization , of indefinite duration and pursuant to 14 C.F.R. Part 212, permitting Aerolitoral to display the AM* and DL* designator codes of Aeromexico and Delta, respectively, on Aerolitoral

- operated flights on this route ;Aerolitoral Application Page 2 (3 ) an amendment to the code

- share exemption granted to Delta in Docket OST

2013

- 0115 to authorize Delta to engage in such transportation by placing its code on Aerolitoral 1 ; and (4) an amendment to an Aer omexico code

- share exemption request, pending in Docket OST

- 2013

- 0115, so as to authorize Aeromexico , for an initial, one

- year period, to engage in such transportation by placing its AM* designator code
on flights operated by Aerolitoral. 2
Aerolitoral proposes to operate the service as early as August 5, 2013 , and the Joint Applicants therefore request expedited con sideration of this application.
A fter polling U.S. carriers served with this application, they will report the poll results to the Departme nt. In support of thi s Joint Application, the Joint Applicants state as follows:
1. Aerolitoral and Aeromexico are flag carriers of the United Mexican
States that hold a range of Department permit and exemption authority to provide service between M exico and numerous U.S. points. T hey provide extensive transborder service pursuant to this authority, generally under Aeromexico’s “AM” code. Aerolitoral proposes to operate daily Leon/Guanajuato

- Atlanta service with Embraer ERJ

- 190 aircraft.
2. Annex 1 to t he 1960 Air Transport Agreement, as amended, between the United Mexican States and the United States provides that a carrier

1 / Delta requests the authority for an initial, two

- year period and further request s the Department transmit the necessary code

- share designation to the Government of Mexico to facilitate Mexican licensing of Delta’s proposed services on Aerolitoral under the U.S.

- Mexico Air Transport Agreement

. 2 / Aeromexico recently requested authority in Docket OST

- 2013

- 0115 to place its code on Expressjet

- operated, Delta Con nection service in this market. It therefore requests the Department amend and grant that pending application so as to authorize service operated either by Aerolitoral or Expressjet.Aerolitoral Application Page 3 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 Unite d States." The Joint Applicants understand that Aerolitoral will be designated to serve the route. 3 Further, under Annex 3 either party may authorize an airline to serve a transborder route by displaying its code on flights of an airline designated to operate service on that route. The Mexican Direccion General de Aeronautica Civil is expected to authorize Aerolitoral and Aero mexico to engage in code

share operations over the route and to confirm this authorization in writing to the U.S. government. For all these reasons, the proposed Aerolitoral

Aeromexico code

- share service is consistent with the agreement and, therefore, th e public interest.
3

. Delta also 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. S ee 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

- sha ring auth ority as to Delta also is in the public interest. By Notice of Action dated June 19 , 2013 in Docket

3 / 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.