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 a code-share )

statement of authorization )

(U.S.-Mexico markets) )

__________________________________________)

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

AND DELTA AIR LINES, INC. FOR 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 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 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 the Joint Applicants and upon 

persons served with this application no later than September 18, 2013. THE 

JOINT APPLICANTS INTEND TO POLL.

September 3, 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-____

) September 3, 2013

for exemptions and a code-share )

statement of authorization )

(U.S.-Mexico markets) )

__________________________________________)

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

AND DELTA AIR LINES, INC. FOR EXEMPTIONS AND A

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 in three Mexico-U.S. city-pair markets as 

described below:

(1) an exemption, pursuant to 49 U.S.C. § 40109 and for an initial period 

of one year, authorizing Aeromexico to operate such service in the 

Guadalajara-New York, Guadalajara-San Francisco, and Morelia-San 

Francisco markets;

(2) a statement of authorization, pursuant to 14 C.F.R. Part 212 and of 

indefinite duration, permitting Aeromexico to display the DL* 

designator code of Delta on Aeromexico-operated flights on flights in 

these three city-pair markets; and

(3) a code-share exemption, for an initial period of two years, authorizing 

Delta to engage in such transportation in these three city-pair markets 

by placing its code on Aeromexico1.

 

1/ Delta further requests the Department transmit the necessary code-share 

designation to the Government of Mexico to facilitate Mexican licensing of Delta’s 
Aeromexico/Delta

Application

Page 2

So that the Joint Applicants may begin marketing service in these additional 

markets, they request expedited Department action and will report the 

results of their poll of U.S. carriers served with the Joint Application. 

In support of this Joint Application, the Joint Applicants state as 

follows:

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

Department permit and exemption authority to provide service between 

Mexico and numerous U.S. points. It provides extensive U.S.-Mexico service. 

Aeromexico proposes to begin daily service in each of the three markets listed 

above in December 2013 with Boeing B737 aircraft.

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." The Joint 

Applicants understand that Aeromexico has previously been designated to 

serve all three city-pair routes, and a public interest finding is therefore 

warranted.2 The services for which Aeromexico requests authority also will 

 

proposed services on Aeromexico under the U.S.-Mexico Air Transport Agreement.

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.
Aeromexico/Delta

Application

Page 3

benefit business travelers, tourists, and shippers, further demonstrating that 

grant of the exemption would be consistent with the public interest.

3. So that Delta may offer code-share service on all three 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 

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

fitness.

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

interest. Authorizing Delta to offer code-share service in these three markets 

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