BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of

ABC AEROLINEAS, S.A. de C.V.,

d/b/a INTERJET

and

AMERICAN AIRLINES, INC.

for a Statement of Authorization under

14 C.F.R. § 212 and for an Exemption

under 49 U.S.C. § 40109 (codesharing)

Docket No. DOT-OST-2014-

JOINT APPLICATION OF

ABC AEROLINEAS, S.A. de C.V., d/b/a INTERJET

and

AMERICAN AIRLINES, INC.

Communications with respect to this document should be sent to:

Moffett B. Roller

ROLLER & BAUER, PLLC

45005 Aviation Drive; Suite 200

Dulles, VA 20166

Phone: (202) 331-3300

Fax: (202) 331-3322

Email: mroller@rollerbauer.com

Attorneys for

ABC Aerolineas, S.A. de C.V.,

d/b/a Interjet

Howard Kass

Vice President – Regulatory Affairs

Robert A. Wirick

Managing Director, Regulatory & Int’l Affairs

Abigail Donovan

Director, Congressional and Federal Affairs

American Airlines, Inc.

1101 17th Street, N.W.

Washington, D.C. 20036

(202) 326-5153

howard.kass@aa.com

robert.wirick@aa.com

abigail.donovan@aa.com

December 18, 2014

Notice: Answer to this Application are due January 2, 2015. American Airlines

and Interjet are, however, requesting expedited consideration of this Application.

The applicants will poll the U.S. carrier representatives served with this

Application and notify the Department promptly of the results of the poll.
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of

ABC AEROLINEAS, S.A. de C.V.,

d/b/a INTERJET

and

AMERICAN AIRLINES, INC.

for a Statement of Authorization under

14 C.F.R. § 212 and for an Exemption

under 49 U.S.C. § 40109 (codesharing)

Docket No. DOT-OST-2014-

JOINT APPLICATION OF

ABC AEROLINEAS, S.A. DE C.V., D/B/A INTERJET, and AMERICAN AIRLINES, INC.

ABC Aerolineas, S.A. de C.V., d/b/a Interjet (“Interjet”), and American

Airlines, Inc. (“American”)1(jointly, “the Applicants”), hereby apply for a statement

of authorization under 14 C.F.R. Part 212 and exemption authority under 49

U.S.C. § 40109, as necessary, to implement the codesharing arrangement set

forth in the attached Codeshare Agreement. Under the codesharing arrangement between the Applicants, Interjet will display the AA* designator code of

American on flights operated between the authorized Mexican gateways of

American and points in Mexico served by Interjet.

In support of this Joint Application, the Applicants submit the following:

1. Interjet requests a statement of authorization under Part 212 of the

Department’s Regulations to display American’s AA* designator code on all

flights operated by Interjet within Mexico beyond American’s Mexican gateways.

Interjet currently holds the underlying authority to operate the codeshare service

1

As used herein, the term “American” includes American Airline’s affiliate Envoy Air, Inc.,

formerly known as American Eagle Airlines, Inc.
JOINT APPLICATION OF ABC AEROLINEAS, S.A. DE C.V., Page 2

D/B/A INTERJET, AND AMERICAN AIRLINES, INC.

in question pursuant to its foreign air carrier permit. (See Order 2008-10-30,

October 30, 2008, Docket DOT-OST-2008-0191)

2. American requests exemption authority to the extent necessary to provide

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

points in the United States and points within Mexico beyond American’s

authorized Mexican gateway points for transborder services, for the purpose of

blind-sector code-sharing services between the Mexican gateway points and

other points within Mexico on services operated by Interjet. American Airlines is

a citizen of the United States within the meaning of 49 U.S.C. § 40102(a)(15)(C)

and is fit, willing, and able to provide the services contemplated by this

application. American Airlines holds various certificates of public convenience

and exemption authorities. (See, e.g., DOT Order 2007-4-2, April 3, 2007,

Dockets OST-2000-8516 and OST-2005-22228 (Blanket Open-Skies Route

Authority); Notice of Action Taken, October 7, 2014, Docket DOT-OST-2014-

0169 (Dallas/Ft. Worth, Texas – Beijing, People’s Republic of China).) Pursuant

to Rule 24 of the Department’s Rules of Practice, American Airlines requests that

the Department take official notice of all information previously filed to establish

its fitness.

The Applicants hereby provide notice of the initial codeshare routes to be

served by American and Interjet as set forth in Annex B to the Codeshare

Agreement attached as Exhibit 1.
JOINT APPLICATION OF ABC AEROLINEAS, S.A. DE C.V., Page 3

D/B/A INTERJET, AND AMERICAN AIRLINES, INC.

3. The authority sought by the joint applicants is fully consistent with

the current Air Transport Agreement (ATA) between the United States and

Mexico, as amended. Annex III, which was added to the ATA In February of

1999, specifically authorizes bilateral codeshare services:

(1) In operating or holding out the authorized services on the

agreed routes, any designated airline of one Party may enter into

cooperative marketing arrangements with an airline or airlines of

either Party, or of a third country, provided that all airlines in such

arrangements: (1) hold the appropriate authority; and (2) meet the

requirements normally applied in such arrangements." 2

In addition, the new, provisional ATA negotiated in November of 2014 that

is pending ratification by the Governments of the United States and Mexico

retains authority for codesharing arrangements such as the one in question

between the Applicants. Specifically, Article 8(7) of the new ATA provides that

“any airline of one Party may enter into cooperative marketing arrangements

such as blocked-space, code-sharing, or leasing arrangements, with (a) an

airline or airlines of either Party; . . . provided that all participants in such

arrangements (i) hold the appropriate authority and (ii) meet the requirements

normally applied to such arrangements.”

4. The requested authority is also consistent with the public interest.

The codesharing services between the Applicants will facilitate more efficient

utilization of capacity in the marketplace and will significantly increase the routing

2

Aviation relations between the United States and Mexico are governed by the Air Transport

Agreement between Mexico and the United States, signed at Mexico City on August 15, 1960,

effective January 17, 1961, TIAS 4675; as amended on February 15, 1999. TIAS 00-119.
JOINT APPLICATION OF ABC AEROLINEAS, S.A. DE C.V., Page 4

D/B/A INTERJET, AND AMERICAN AIRLINES, INC.

options available to the traveling public. The public benefits offered by

codeshare arrangements between U.S. and foreign carriers are well recognized.

(See Statement of U.S. International Air Transportation Policy, 60 F.R. 21841,

21842, May 3, 1995.)

5. The Applicants agree to accept the conditions normally applicable

to codeshare authority such as requested herein. This includes the requirement

to notify the Department within thirty (30) days in advance of any new codeshare

operation and to notify the Department of any codeshare operation the carriers

have agreed to discontinue. The Applicants request that that the exemption be

granted for a period of at least two (2) years and that the statement of

authorization be granted for an indefinite period. Finally, American states that

the codesharing arrangement at issue will have no impact on American's CRAF

commitments.

6. American conducted a codeshare safety audit of Interjet on

September 22-26, 2014, and has submitted the results of its audit to the FAA. A

copy of the Compliance Statement of American Airlines, dated November 20,

2014, is attached as Exhibit 2.

7. This Application raises no environmental or energy issues.

Approval of the Application will not result in a near term increase in fuel

consumption of ten million gallons or more.

8. The Applicants are requesting expedited action by the Department

on this Application so that they can provide the many public benefits of this
JOINT APPLICATION OF ABC AEROLINEAS, S.A. DE C.V., Page 5

D/B/A INTERJET, AND AMERICAN AIRLINES, INC.

service at the earliest date possible following issuance of the necessary authority

to Interjet and to American.

WHEREFORE, on the basis of the foregoing, Interjet and American jointly

request the Department to grant expedited approval to this Joint Application (a)

for a Statement of Authorization for Interjet to display the AA* code on flights

operated by Interjet between the Mexican gateway points of American and other

points in Mexico; and (b) for an exemption, to the extent necessary, for American

to market codeshare service to points in Mexico beyond its Mexican gateways. 3

Respectfully submitted,

______________________

Moffett B. Roller

ROLLER & BAUER, PLLC

Attorneys for ABC Aerolineas, S.A. de C.V.,

d/b/a Interjet

______________________

Howard Kass

Vice-President – Regulatory Affairs

American Airlines, Inc.

December 18, 2014

3

To the extent necessary, Interjet also requests a waiver of the 45-day advance filing

period specified in Part 212 of the Department's regulations.
EXHIBIT 1








































CERTIFICATE OF SERVICE

I hereby certify that on this 18th day of December, 2014, I served a copy of

the foregoing Joint Application of ABC Aerolineas, S.A. de C.V., d/b/a Interjet,

and American Airlines by email upon the parties listed below.

________________

Moffett B. Roller

Daniel A. Weiss United Air Lines dan.weiss@united.com

Sascha Van der Bellen Delta Air Lines sascha.vanderbellen@delta.com

Robert Kneisley

Leslie Abbott Southwest Airways bob.kneisley@wnco.com

leslie.abbott@wnco.com

Marshall S. Sinick

Edward Sauer Alaska Airlines msinisck@ssd.com

esauer@ssd.com

Joanne W. Young Spirit Airlines jyoung@yklaw.com

Jonathan Hill

Parker Erkmann JetBlue jhill@cooley.com

perkmann@cooley.com

Nancy Sparks

Baily Leopard Federal Express nssparks@fedex.com

gbleopard@fedex.com

Anita Mosner UPS anita.mosner@hklaw.com

Stephen Cristina US State Department cristinasa@state.gov

John Duncan FAA Flight Standards john.s.duncan@faa.gov