BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of DELTA AIR LINES, INC. for an exemption pursuant to 49 U.S.C. § 40109 and for a statement of authorization under 14 C.F.R. Part 212 ( New York & San Diego

– San Jose del Cabo , Los Angeles

– Mazatlan ) ) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT
- OST
- 201 4
-

Application of AEROVIAS DE MEXICO, S.A. de C.V. for an exemption pursuant to 49 U.S.C. § 40109 (New York & San Diego

– San Jose del Cabo, Los Angeles

– Mazatlan) ) ) ) ) ) ) ) ) ) ) ) Docket DOT
- OST
- 1997
- 3289 Docket DOT
- OST
- 2000
- 7708

JOINT APPLICATION OF DELTA AIR LINES, INC., and AEROVIAS de MEXIC O, S.A. de C.V.

Communications with respect to this document should be addressed 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

– Regulatory and International

Affairs & Associate General Counsel Christopher Walker Regional Director

– Regulatory and International

Affairs DELTA AIR LINES, INC. 1212 New York Avenue, N.W. Washington, D.C. 2 0005 (202) 842

- 4184 sascha.vanderbellen@delta.com

March 31 , 2014 Notice: Delta intends to poll the U.S. carrier representatives on the attached service list regarding this Application and will notify the Department of the results as soon as possible.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of DELTA AIR LINES, INC. for an exemption pursuant to 49 U.S.C. § 40109 and for a statement of authorization under 14 C.F.R. Part 212 (New York & San Diego

– San Jose del Cabo, Los Angeles

– Mazatlan) ) ) ) ) ) ) ) ) ) ) ) ) ) Docket DOT
- OST
- 2014
-

Application of AEROVIAS DE MEXICO, S.A. de C.V. for an exemption pursuant to 49 U.S.C. § 40109 (New York & San Diego

– San Jose del Cabo, Los Angeles

– Mazatlan) ) ) ) ) ) ) ) ) ) ) ) Docket DOT
- OST
- 1997
- 3289 Docket DOT
- OST
- 2000
- 7708

JOINT APPLICATION OF DELTA AIR LINES, INC., and AEROVIAS de MEXIC O, S.A. de C.V.

Pursuant to 49 U.S.C. § 40109 and Subpart C of th e Department’s Rules of

Practice , Delta Air Lines, Inc. (“Delta”) hereby applies for an exemption from 49 U.S.C. §

4 1101 authorizing Delta to engage in scheduled foreign air transportation of persons, property, and mail between New York (JFK) and San Diego (SAN), on the one hand, and San Jose del Cabo, Mexico (SJD) on the other , and between Los Angeles (LAX) and Mazatlan (MZT)

. Delta seeks a statement of authorization to carry Aerovias de Mexico, S.A. de C.V. (“Aeromexico”) “AM*” code on these services. In addition, Aeromexico hereby applies for an exemption to include the display of Aeromexico'sJoint Application Page 2

"AM*" code on Delta San Diego

– San Jose del Cabo and Los Angeles

– Mazatlan flights; it alrea dy holds New York

- San Jose del Cabo exemption authority in Docket
OST

- 2013

- 0133.
Delta would like to add new seasonal service on these routes starting December 20, 2014 and plans to offer daily service for San Diego

– San Jose del Cabo , Saturday

only servi ce for New York

– San Jose del Cabo , and daily service for Los Angeles

– Mazatlan

. Delta plans to utilize 160

- seat Boeing 737

- 800 aircraft, equipped with 16 first class, 18 economy comfort class, and 126 economy class seats. Delta requests the

issuance of an exemption, pursuant to 49 U.S.C. § 40109, authorizing Delta to engage in scheduled foreign air transportation of p ersons, property and mail on the New York

– San Jose del Cabo , San Diego

– San Jose del Cabo , and Los Angeles

– Mazatlan

routes

. Delta requests that its exemption authority be granted as soon as possible for a period of at least two years. In support of this Joint Application, Delta and Aeromexico (the “Joint Applicants”)
state as follows:

1. The Joint Applicants request the issuance of the following authorities: a) an exemption to Delta, pursuant to 49 U.S.C. § 40109, authorizing Delta to engage in scheduled foreign air transportation of persons, property and mail on the New York

– San Jose del Cabo , San Diego

– San Jose del Cabo , and Los Angeles

– Mazatlan routes ; b) 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 the San Diego

– San Jose del Ca bo and Los Angeles

– Mazatlan routes on
a code

- share basis on flights operated by Delta ; andJoint Application Page 3

c) 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 o n the New York

– San Jose del Cabo , San Diego

– San Jose del Cabo , and Los Angeles

– Mazatlan

routes

. 2. The proposed service will provide significant benefits to travelers and shippers and is clearly in the public interest. The re quested exempt ion 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 ). T hree U.S. carrier designations are authorized for each of the New York

– San Jose del Cabo, San Diego

– San Jose del Cabo , and Los Angeles

– Mazatlan

routes

. A greement Annex I(B)(4

- 5 )

. The New York

– San Jose del Cabo route ha s
three designations available

. The San Diego

– San Jose del Cabo route has one designation available, with one awarded to Alaska Airlines and one to Spirit Airlines

. The Los Angeles

– Mazatlan route has two designations available, with one already
awarded to Alaska Airlines. Delta requests that the Department promptly notify the Government of Mexico of Delta’s designation on this route.

3. 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 Mexi co and the United States.

4. 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. S ee, e.g., Delta ’sJoint Application Page 4

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.

5. The Joint Applicants plan to introduce the proposed codeshare service s upon receipt of all necessary DOT and Mexico DGAC approvals, and request t hat the exemption s and statement s of authorization are granted as soon as possible so that
Delta and A eromexico can market these service s without delay. 1 Aeromexico reque sts that its exemption authorities be effective for a period of at least one year

. Delta
request s that its codesharing statement s 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 service s will be operated pursuant to the existing Delta/Aeromexico codeshare agree ment previously approved by the Department.

7. Approval of the requested codeshare authorities is in the public interest and will provide important additional service and competitive options to U.S.

– Mexico travelers and shippers. Authorizing Aeromexico to display its code on these additional Delta operated transborder route s will enhance competition and expand price and service options for U.S.

– Mexico travelers.

8. Approval of the codeshare exemption s and statement s 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.

– Mexico transborder codesharing requests, finding that the

1 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. In the eve nt that Delta’s exemption request is ripe for action before DOT has rece ived the codeshare designation for Aeromexico from Mexico DGAC, Delta requests that its exemption be approved and action deferred on the Aeromexico portion of this application.Joint Application Page 5

exercise of such codeshare rights “wil l benefit travelers, shippers, businesses, cities, airlines, and airports.” DOT Order 99

- 6

- 6, at 6. The Mexican government will notify the U.S. government of Aeromexico’s designation s to codeshare on each of the above mentioned routes operated by Delta.

9. The Joint Applicants will cond uct these codeshare service s in accordance with 14 C.F.R. Part 257 and the other conditions normally imposed by the Department on codesharing statements of authorization.

10. D elta affirms that its operation of these route s will have no impact on Delta’s Civil Reserve Air Fleet (“CRAF”) commitment.

11. The environmental impacts of Delta’s proposed services are de minimis,

and Delta does not anticipate that the proposed services will cause a near

- term net annual change in aircraft fuel consumption of 10 million gallons or more. WHEREFORE, Delta requests issuance of exemption authorities to engage in scheduled foreign air transportation of per sons, property, and mail on the New York

– San Jose del Cabo, San Diego

– San Jose del Cabo , and Los Angeles

– Mazatlan

routes

. Also, Aeromexico and Delta request that the Department promptly grant the

codeshare ex emption authorities and statement s of authorization described herein.

Respectfully submitted,

/s/ John R. Mietus, Jr. /s/

______ _________________ _____________________
John R. Mietus, Jr. Law Office of John Mietus, LLC

Counsel for For AEROVIAS de MEXICO, S.A. de C.V. Alexander Van der Bellen Managing Director, Regulatory and International Affairs & Associate General Counsel DELTA AIR LINES, INC.CERTIFICATE OF SERVICE

A copy of the foregoing Application has been served this 31 st day of March, 2014 , upon the following persons via email:

Air Carrier Name Email Address

Alaska Airlines Marshall Sinick msinick@ssd.com American Howard Kass howard. kass@ aa .com American Robert Wirick robert.wirick@aa.com Frontier/Republic Bob Cohn robert.cohn@hoganlovells.com Frontier/Republic Pat Rizzi patrick.rizzi@hoganlovells.com Hawaiian Jona than Hill jhill@dowlohnes.com JetBlue Robert Land robert.land@jetblue.com Southwest/AirTran Bob Kneisley bob.kneisley@wnco.com Southwest/AirTran Leslie Abbott leslie.abbott@wnco.com Spirit Airlines David Kirstein dkirstein@yklaw.com Spirit Airlines Joanne Young jyoung@yklaw.com Sun Country John F redericksen j ohn. f redericksen@suncountry.com United Dan Weiss dan.weiss@united.com United Thomas Bolling thomas.bolling@united.com United Karine Faden karine.faden@united.com United Oracio Marquez oracio.marquez@united.com Virgin America Barbara Russell barbara.russell@virginamerica.com Esta Rosenberg e sta.rosenberg@dot.gov Brian Hedberg brian.hedberg@dot.gov Robert Finamore robert.finamore@dot.gov Brett Kruger brett.kruger@dot.gov Info info@airlineinfo.com