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 ) 

(Cancun-Chicago) ) 

__________________________________________) 

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 October 7, 2013. THE JOINT 

APPLICANTS INTEND TO POLL. 

September 20, 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 20, 2013 

for exemptions and a code-share ) 

statement of authorization ) 

(Cancun-Chicago) ) 

__________________________________________) 

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 a new Mexico-U.S. city-pair market 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 

Cancun, Mexico – Chicago, Illinois market; 

(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 in this market; 

and 

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

Delta to engage in such transportation in this city-pair market 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 

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

Application 

Page 2 

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

market, they request expedited Department action and will report the results 

of their poll of U.S. carriers served with the Joint Application.2

 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 now proposes to begin four weekly flights in the Cancun-Chicago 

market 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 already been designated to serve 

the Cancun-Chicago route, and a public interest finding is therefore 

warranted.3 The services for which Aeromexico requests authority also will 

 

2/ The Joint Applicants also request a waiver of the 45-day advance notice requirement 

prescribed by 14 C.F.R. § 212.10(d)(2). 

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 the route 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 the market. 

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 this market 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 provide