BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC.

SKYWEST AIRLINES, INC. 

for exemptions under 49 U.S.C. § 40109 and a 

statement of authorization pursuant to

14 C.F R. Part 212 

(Los Angeles-Leon/Guanajuato Codesharing)

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Docket DOT-OST-2013-

 

JOINT APPLICATION OF DELTA AIR LINES, INC., 

AND SKYWEST AIRLINES, INC. 

FOR EXEMPTIONS AND A STATEMENT OF AUTHORIZATION

Communications with respect to this document should be sent to:

Alexander Van der Bellen, 

 Managing Director, Government Affairs 

 and Associate General Counsel

Christopher Walker

 Regional Director – Government Affairs

DELTA AIR LINES, INC.

1212 New York Avenue, NW Suite 200

Washington, DC 20005

(202) 842-4184

sascha.vanderbellen@delta.com

chris.walker@delta.com

May 30, 2013

Todd C. Emerson

General Counsel

SKYWEST AIRLINES, INC.

444 South River Road

St. George, Utah 84790

(435) 634-3530

temerson@skywest.com

Delta will be conducting a poll of airline representatives served with this application 

and we will advise the Department of the results as soon as possible.
 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC.

SKYWEST AIRLINES, INC. 

for exemptions under 49 U.S.C. § 40109 and a 

statement of authorization pursuant to

14 C.F R. Part 212 

(Los Angeles-Leon/Guanajuato Codesharing)

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Docket DOT-OST-2013-

 

JOINT APPLICATION OF DELTA AIR LINES, INC., 

AND SKYWEST AIRLINES, INC. 

FOR EXEMPTIONS AND A STATEMENT OF AUTHORIZATION

Delta Air Lines, Inc. (“Delta”) and SkyWest Airlines, Inc. (“SkyWest”) 

(together, the “Joint Applicants”) each hereby applies for an exemption to engage 

in scheduled foreign air transportation of persons, property and mail between Los 

Angeles, California and Leon/Guanajuato, Mexico, beginning on or about 

December 19, 2013, utilizing CRJ-900 or CRJ-700 aircraft to be operated by 

SkyWest. In addition, SkyWest seeks a statement of authorization allowing it to 

display Aeromexico’s “AM*” code on these Delta Connection flights. The Joint 

Applicants request that the exemptions be granted as soon as possible for a 

period of at least two years, and that SkyWest’s statement of authorization be valid 

for an indefinite period subject to the Department’s normal code share conditions.1

 

In support of this application, the Joint Applicants state the following:

 1 SkyWest further requests a U.S. carrier designation and Delta further requests a 

codeshare-only authorization for service on this route. 
Joint Application of Delta and SkyWest

Page 2

1. SkyWest seeks exemption authority so it can provide 

scheduled foreign air transportation of persons, property, and mail between Los 

Angeles, California and Leon/Guanajuato, Mexico as a Delta Connection carrier. 

2. Delta seeks codeshare-only exemption authority so it can 

offer Los Angeles-Leon/Guanajuato service on SkyWest-operated flights.

3. Delta, Aeromexico and SkyWest have agreed to expand 

codesharing to encompass flights operated by SkyWest on Delta’s behalf. 

Accordingly, SkyWest requests a statement of authorization under 14 C.F.R. Part 

212 permitting SkyWest to display Aeromexico’s “AM*” designator code on flights 

operated by SkyWest d/b/a Delta Connection between Los Angeles and 

Leon/Guanajuato.2

4. 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 “[f]rom a point or points in the United 

States to a point or points in Mexico.” Annex I(A)(1)(a). Two U.S. carrier 

designations are authorized for the Los Angeles-Leon/Guanajuato city-pair. 

Agreement Annex I(B)(4). One U.S. carrier designation and numerous codeshareonly opportunities remain available for the proposed service. The Joint Applicants 

 2

 Aeromexico already holds foreign air carrier permit authority for the Los AngelesLeon/Guanajuato route. See Order 91-5-25. 
Joint Application of Delta and SkyWest

Page 3

request that the Department promptly notify the Government of Mexico of 

SkyWest’s designation and Delta’s codeshare authorization on this route. 

5. SkyWest is a well-established regional carrier and holds 

various certificate and exemption authorities permitting it to engage in scheduled 

interstate and foreign air transportation of persons, property and mail. See, e.g.,

Orders 2011-12-11 at 4, n. 17 (finding that SkyWest remains fit to conduct 

operations as a U.S. certificated air carrier following a continuing fitness review) 

and 2008-4-26 (blanket open-skies); and Notices of Action Taken dated October 2, 

2012 in Dockets DOT-OST-2006-25495 (Salt Lake City-Guadalajara/Mazatlan/San 

Jose del Cabo) and DOT-OST-2007-29016 (Salt Lake City-Puerto Vallarta) and 

January 28, 2013 in Docket DOT-OST-2013-0017 (HoustonQueretaro/Tampico/Villahermosa). Pursuant to Rule 24 of the Department’s Rules 

of Practice, SkyWest asks the Department to take official notice of all data on file 

with the Department necessary to establish SkyWest’s fitness.

6. 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.
Joint Application of Delta and SkyWest

Page 4

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.

WHEREFORE, Delta and SkyWest request that the Department promptly 

grant the authority described herein, and grant such other and further relief as the 

Department deems to be in the public interest.

 

Respectfully submitted,

/s/ Todd Emerson

_______________________________

Todd Emerson

General Counsel

SKYWEST AIRLINES, INC.

444 South River Road

St. George, Utah 84790

(435) 634-3530

temerson@skywest.com

/s/ Alexander Van der Bellen

____________________________

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
 

CERTIFICATE OF SERVICE

A copy of the foregoing document has been served this 30th day of 

May 2013, upon the following persons via email:

Francis.Heil@aa.com

Robert.Wirick@aa.com

dan.weiss@united.com

howard.kass@usairways.com 

benjamin.slocum@usairways.com

esta.rosenberg@dot.gov

brian.hedberg@dot.gov

brett.kruger@dot.gov

robert.finamore@dot.gov

info@airlineinfo.com