BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

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

DELTA AIR LINES, INC. 

and SKYWEST AIRLINES, INC. 

for an exemption under 49 U.S.C. § 40109 and a 

statement of authorization under 14 C.F.R. Part 

212 

(U.S. – Mexico transborder codesharing) 

)

)

)

)

)

)

)

)

)

)

)

)

Docket DOT-OST-2010- 

 

JOINT APPLICATION OF 

AEROVIAS de MEXICO, S.A. de C.V., DELTA AIR LINES, INC., 

and SKYWEST AIRLINES, INC.

Communications with respect to this document should be addressed to: 

William C. Evans 

LAW OFFICE OF JOHN L. MIETUS, LLC 

6701 Democracy Boulevard #300 

Bethesda, Maryland 20817 

(410) 827-5074 

bill@mietuslaw.com 

Counsel for 

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

Alexander Van der Bellen 

Managing Director – Government Affairs 

 & Associate General Counsel 

Jeff Morgan 

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

Todd C. Emerson, Esq. 

SKYWEST AIRLINES, INC. 

444 South River Road 

St. George, Utah 84790 

temerson@skywest.com 

Lorraine B. Halloway 

Gerald F. Murphy 

CROWELL & MORING LLP 

1001 Pennsylvania Ave, N.W. 

Washington, DC 20004 

(202) 624-2500 

lhalloway@crowell.com 

gmurphy@crowell.com 

Counsel for 

SKYWEST AIRLINES, INC. 

December 27, 2010
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

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

DELTA AIR LINES, INC. 

and SKYWEST AIRLINES, INC. 

for an exemption under 49 U.S.C. § 40109 and a 

statement of authorization under 14 C.F.R. Part 

212 

(U.S. – Mexico transborder codesharing) 

)

)

)

)

)

)

)

)

)

)

)

)

Docket DOT-OST-2010- 

 

JOINT APPLICATION OF 

AEROVIAS de MEXICO, S.A. de C.V., DELTA AIR LINES, INC., 

and SKYWEST AIRLINES, INC.

 Aerovias de Mexico, S.A. de C.V. (“Aeromexico”), Delta Air Lines, Inc. (“Delta”), 

and SkyWest Airlines, Inc. (together, the “Joint Applicants”) hereby apply for authority to 

expand their codeshare arrangement to include the display of Aeromexico’s “AM*” code 

on flights operated by Delta and/or SkyWest on U.S. – Mexico transborder routes as 

identified in the table below: 

Route Delta Operated SkyWest Operated

Atlanta-Cozumel x

Atlanta-San Jose del Cabo x

Boston-Cancun x

Cincinnati-Cancun x

Detroit-Cancun x

Washington-Cancun x

Orlando-Cancun x

Memphis-Cancun x

Minneapolis/St. Paul-Cancun x

Salt Lake City-Cancun x

Detroit-Mexico City x

Salt Lake City-Guadalajara x x

New York-Puerto Vallarta x

Salt Lake City-Mexico City x

Salt Lake City-Puerto Vallarta x x

Salt Lake City-San Jose del Cabo x x

Memphis-Mexico City x

Minneapolis/St. Paul-Mexico City x
Joint Application of Aeromexico, Delta, and SkyWest

Page 2

 In support of this Joint Application, Aeromexico, Delta, and SkyWest state as 

follows: 

1. 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. 

2. 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. 

3. SkyWest is a certificated U.S. air carrier that operates flights for 

marketing and sale by Delta. 

4. By this application, the Joint Applicants request the issuance of the 

following authorities: 

a) 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 each of the 

18 routes listed in the table on the first page of this Application except 

New York-Puerto Vallarta,1

 and 

b) 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 each of the 18 U.S.-Mexico routes listed 

in the table in the first page of this Application. Delta holds underlying 

authority and operates its own aircraft on each of these routes. 

 

1

 Aeromexico is not requesting an exemption for New York-Puerto Vallarta because it holds 

underlying authority to serve New York-Puerto Vallarta under its permit issued by Order 91-5-25. 
Joint Application of Aeromexico, Delta, and SkyWest

Page 3

c) a statement of authorization to SkyWest, pursuant to 14 C.F.R. Part 

212, to permit SkyWest to display Aeromexico’s “AM*” designator 

code on flights operated by SkyWest on each of the three U.S.-

Mexico routes listed in the table on the first page of this Application 

(Salt Lake City-Guadalajara, Salt Lake City-Puerto Vallarta, and Salt 

Lake City-San Jose del Cabo). SkyWest holds underlying authority 

and operates its own aircraft on each of these routes. 

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 

exemption and statements of authorization be granted as soon as possible so that 

Aeromexico is able to market and sell these services without delay.2

 Aeromexico 

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

and SkyWest request that their codesharing statements of authorization remain in effect 

indefinitely, 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 and Delta/Aeromexico/SkyWest codeshare agreements 

previously approved by the Department. 

7. Approval of the requested authority is in the public interest and will 

provide important new service and competitive options to U.S. – Mexico travelers and 

shippers. Authorizing Aeromexico to display its code on additional Delta and SkyWest 

operated transborder routes will enhance competition and expand price and service 

options for U.S. – Mexico travelers. 

8. Approval of the exemption and statement 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. – 

 

2

 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. 
Joint Application of Aeromexico, Delta, and SkyWest

Page 4

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 has notified the U.S. government of 

Aeromexico’s designation to codeshare on each of the three routes operated by 

SkyWest. See Mexican Diplomatic Note 09390 dated December 2, 2008. The Mexican 

government will notify the U.S. government of Aeromexico’s designation to codeshare 

on each of the above mentioned routes operated by Delta. 

9. Delta affirms that this application have no impact on Delta’s Civil Reserve 

Air Fleet (“CRAF”) commitment. SkyWest is not a CRAF participant. 

10. 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. 

 WHEREFORE, Aeromexico, Delta, and SkyWest request that the Department 

promptly grant the exemption authority and statements of authorization described herein. 

Respectfully submitted, 

/s/ William C. Evans /s/ Gerald F. Murphy

________________________________ ________________________________ 

William C. Evans 

Law Office of John L. Mietus, LLC 

Counsel for 

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

Gerald F. Murphy 

Lorraine B. Halloway 

CROWELL & MORING LLP 

Counsel for 

SKYWEST AIRLINES, INC. 

________________________________ 

Alexander Van der Bellen 

Managing Director, Government Affairs 

 & Associate General Counsel 

DELTA AIR LINES, INC. 
CERTIFICATE OF SERVICE

 A copy of the foregoing Joint Application has been served this 27th day of 

December, 2010 upon the following persons via email: 

Carrier Name Email Address 

AirTran Edward Faberman efaberman@wileyrein.com 

Alaska Marshall Sinick msinick@ssd.com 

American Carl Nelson carl.nelson@aa.com 

Continental/United Dan Weiss dan.weiss@coair.com 

Continental/United Hershel Kamen hkamen@coair.com 

Continental/United Jeffrey Manley jeffrey.manley@united.com 

Continental/United Steve Morrissey steve.morrissey@united.com 

Frontier/Republic Bob Cohn robert.cohn@hoganlovells.com 

Frontier/Republic Pat Rizzi patrick.rizzi@hoganlovells.com 

JetBlue Jonathan Hill jhill@dowlohnes.com 

JetBlue Robert Land robert.land@jetblue.com 

Spirit Airlines David Kirstein dkirstein@yklaw.com 

Spirit Airlines Joanne Young jyoung@yklaw.com 

Sun Country John Fredericksen John.Fredericksen@suncountry.com 

US Airways Benjamin Slocum benjamin.slocum@usairways.com 

US Airways Howard Kass howard_kass@usairways.com 

USA 3000 Pierre Murphy pmurphy@lopmurphy.com 

Virgin America Barbara Russell barbara.russell@virginamerica.com 

urskr@state.gov 

esta.rosenberg@dot.gov 

brian.hedberg@dot.gov 

john.allen@faa.gov 

info@airlineinfo.com