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OST-2000-7708

http://www.delta.com/
http://www.aeromexico.com/

Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc., Comair, Inc. and Aerovias de Mexico, S.A. de C.V. / Aerovias de Mexico, S.A. de C.V.

Joint application of Delta Air Lines, Inc., its wholly owned Delta Connection subsidiaries Atlantic Southeast Airlines, Inc., and Comair, Inc., and Aerovias de Mexico, S.A. de C.V., apply for authority to implement codeshare/blocked-space services on flights operated by Delta and the Delta Connection carriers between (1) Atlanta, Georgia, and Leon, Mexico, (2) Atlanta, Georgia, and San Jose del Cabo, Mexico, (3) Atlanta, Georgia, and Monterrey, Mexico, (4) Dallas/Ft. Worth, Texas, and Monterrey, Mexico, (5) Dallas/Ft. Worth, Texas, and Mexico (6) Dallas/Ft. Worth, Texas, and Puebla, Mexico, and (7) Dallas/Ft. Worth, Mexico, and Guadalajara, Mexico. In addition, subject to the Department's standard 30-day notice provision applicable to U.S.-Mexico behind-gateway codeshare services, ASA and Comair request blanket statements of authorization to carry Aeromexico's code between Aeromexico's authorized U.S. gateways and points in the United States served by ASA and Comair.

Aeromexico plans to begin transborder service on seven U.S.-Mexico routes by displaying its "AM" designator code on new nonstop flights operated by Delta, ASA and Comair. Pursuant to the existing Delta/Aeromexico codesharing/blocked space agreement, which is being amended to include flights operated by the Delta Connection subsidiaries, Delta will provide Aeromexico with a certain number of seats on transborder U.S.-Mexico flights operated by Delta, ASA and Comair for independent marketing and sale by Aeromexico. In the coming months, Aeromexico also plans to begin blind-sector codeshare service to points within the United States beyond its authorized U.S. gateways on Delta Connection flights operated by ASA and Comair. Such flights will also be operated pursuant to the existing Delta/Aeromexico codesharing/blocked space agreement, as amended.

Counsel:  Delta and Shaw Pittman, Robert Cohn / Verner Liipfert, William Evans for Aeromexico

Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc., Comair, Inc. and Aerovias de Mexico, S.A. de C.V. / Aerovias de Mexico, S.A. de C.V.

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8382, sascha.vanderbellen@shawpittman.com

Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc., Comair, Inc. and Aerovias de Mexico, S.A. de C.V. / Aerovias de Mexico, S.A. de C.V.

On July 27, 2000. Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc., Comair, Inc., and Aerovias de Mexico, S.A. de C.V. filed a joint application seeking several forms of relief involving U.S.-Mexico codesharing, including renewal of the exemption authority granted to Aeromexico by Notice of Action Taken, dated August 9, 1999, in Docket 49623. The joint application is unopposed and awaiting Department action. The NOAT renewed Aeromexico, s authority to serve the Atlanta-Monterrey. Dallas/Ft. Worth-Mexico City and Atlanta-Mexico City markets. The purpose of this letter is to clarify that although Atlanta-Mexico City is not specifically referred to in the joint application since it is not related to the code share requests, Aeromexico intended that the application seek renewal of all three routes awarded in the August 9, 1999, Notice of Action Taken.

Counsel:  Verner Liipfert, William Evans, 202.371.6000

Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc., Comair, Inc. and Aerovias de Mexico, S.A. de C.V. / Aerovias de Mexico, S.A. de C.V.

By:  Paul Gretch

Delta Air Lines, Inc., Delta Connection Carriers and Aerovias de Mexico, S.A. de C.V.

To display Aeromexico's "AM" designator code on flights operated by Delta in the Atlanta-San Jose del Cabo markets.  Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and San Jose del Cabo, Mexico.

By:  Paul Gretch

Delta Air Lines, Inc. and Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc., Comair, Inc. and Aerovias de Mexico, S.A. de C.V. / Aerovias de Mexico, S.A. de C.V.

Delta requests that its existing designation for the Atlanta- San Jose del Cabo route be converted from year-round to seasonal service.

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060

Aerovias de Mexico, S.A. de C.V.

Counsel:  Verner Liipfert, William Evans, 202.371.6030

Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc., Comair, Inc. and Aerovias de Mexico, S.A. de C.V. 

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060 and Verner Liipfert, William Evans, 202.371.6000

Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc., Comair, Inc. and Aerovias de Mexico, S.A. de C.V.; Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V.

Hereby apply for an amendment to their existing beyond-U.S. gateway blanket codeshare authority to add blind sector codeshare services on flights operated by Delta and the Delta Connection carriers between the United States and Canada. The proposed services are adequately supported by comity and reciprocity. Moreover, the Department has granted identical U.S.-Canada blanket codesharing and blind sector authority to United Air Lines, Inc. and Compania Mexicana de Aviacion. See Department Action on Application in Docket OST-2000-8221 dated December 1, 2000.

Specifically, the Joint Applicants request the issuance of the following authorities:

• a) amended statements of authorization to Delta, ASA and Comair pursuant to 14 C.F.R. Part 212, to permit the carriers to display Aeromexico's "AM" designator code on Delta/Delta Connection flights between any point or points in the United States and any point or points in Canada on a blind-sector basis for the carriage of Aeromexico's Mexico-Canada traffic; and 
• b) special authorization to Aeromexico pursuant to 14 C.F.R. Part 216, to permit Aeromexico to commingle Mexico-Canada traffic (that is, traffic not in foreign air transportation) on the same services that carry traffic that is in foreign air transportation between Mexico and the United States and between the United States and Canada.

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060 and Verner Liipfert, William Evans, 202.371.6030

Aerovias de Mexico, S.A. de C.V.

Exemption to permit the applicant to conduct scheduled, combination service between: 1) Leon, Mexico, and Atlanta, Georgia; 2) Monterrey, Mexico, and Dallas/Ft. Worth, Texas (only by code-share with Atlantic Southeast Airlines); and 3) San Jose del Cabo, Mexico, and Atlanta, Georgia (only by code-share with Delta Air Lines).

By:  Paul Gretch

Aerovias de Mexico, S.A. de C.V.

By this exemption request, Aeromexico seeks to renew its exemption authority to engage in scheduled foreign air transportation of persons, property and mail between Leon and San Jose del Cabo, on the one hand, and Atlanta, on the other. The exemption authority was granted by Notice of Action Taken, dated March 28, 2002, and will expire on March 28, 2003.

Counsel:  Piper Rudnick, William Evans, 202-371-6030

Aerovias de Mexico, S.A. de C.V.

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination services between: 1) Leon, Mexico, and Atlanta, Georgia; and 2) San Jose de Cabo, Mexico, and Atlanta, Georgia (only by code-share with Delta Air Lines).

By:  Paul Gretch

OST-97-3289 - US-Mexico Codesharing
OST-00-7708 - US-Mexico Blind Sector Codeshare

October 15, 2003

Re: Notice of Additional Codeshare

Pursuant to Order 99-6-6, Delta and Aeromexico hereby notify the Department that, beginning on or about November 15, 2003, Delta will display Aeromexico's "AM" designator code on flights operated by Delta between Las Vegas and Salt Lake City.

Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8060 for Delta / Piper Rudnick, William Evans, 202-861-6459 for Aeromexico

OST-97-3289 - US-Mexico Codesharing
OST-00-7708 - US-Mexico Blind Sector Codesharing
OST-01-10833 - US-Mexico Codeshare

November 19, 2003

30-Day Notice Re: Behind-Gateway Codeshare Integration

The U.S.-Mexico Air Transport Services Agreement allows unrestricted opportunities for U.S. and Mexican carriers to codeshare on behind-gateway intra-U.S. and intra-Mexico routes. In order to facilitate such codeshare services by Delta and Aeromexico, the Department granted blanket statements of authorization to Delta and Aeromexico (OST-97-3289), and their respective subsidiaries and affiliates, Comair (OST-00-7708), ASA (OST-00-7708), and Aerolitoral (OST-01-10833). Consistent with the Department's administration of similar blanket codeshare arrangements, and in order to alleviate unnecessary administrative burdens on the Department and the applicant carriers, the Joint Applicants are submitting this 30-day notice of additional codesharing concerning behind-gateway services.

Delta and Aeromexico wish to emphasize that this notice applies only to previously‑noticed behind‑gateway service points, and is in full accord with current Department practice and precedent regarding the administration of blanket codeshare authorizations. Any new transborder codeshare routes will continue to require separate authorizations for each operating carrier, because those routes are designation‑limited. The summary documentation and 30‑day notice of integration of previously‑issued blanket code share authorities as set forth herein will simplify and reduce the burden on Delta, Aeromexico and the Department.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060 for Delta, Comair, and Atlantic Southeast / Piper Rudnick, William Evans, 202-371-6030 for Aeromexico and Aerolitoral

OST-00-7708 - Exemption - Leon/San Jose del Cabo Atlanta

March 30, 2004

Application for Renewal of Exemption Authority

By this exemption request, Aeromexico seeks to renew its exemption authority to engage in scheduled foreign air transportation of persons, property and mail between Leon and San Jose del Cabo, on the one hand, and Atlanta, on the other. The exemption authority was granted by Notice of Action Taken, dated April 2, 2003, and will expire on April 2, 2004. Although Aeromexico currently is not serving the routes, it hopes to resume service when traffic conditions warrant; thus, it seeks renewal of the authority.

Aeromexico's exemption authority in San Jose del Cabo‑Atlanta market is limited to operations conducted on a code‑share basis with Delta Air Lines, Inc.

Counsel: Piper Rudnick, William Evans, 202-861-6459

OST-00-7708 - Leon/San Jose del Cabo-Atlanta

Filed March 30, 2004 | Issued April 15, 2004

Notice of Action Taken | Word

Exemption from 49 USC section 41301 to permit the applicant to conduct scheduled, combination services between: 1) Leon, Mexico, and Atlanta, Georgia; and 2) San Jose del Cabo, Mexico, and Atlanta, Georgia. (The San Jose del Cabo-Atlanta service is only by code-share with Delta Air Lines.)

By: Paul Gretch

OST-00-7708 - Leon/San Jose del Cabo-Atlanta

March 23, 2005

Application for Renewal of Exemption Authority

By this exemption request, Aeromexico seeks to renew its exemption authority to engage in scheduled foreign air transportation of persons, property and mail between Leon and San Jose del Cabo, on the one hand, and Atlanta, on the other. The exemption authority was granted by Notice of Action Taken, dated April 15, 2004, and will expire on April 15, 2005.

Aeromexico currently is offering daily B-737-800 nonstop service between San Jose del Cabo and Atlanta by placing its code on flights operated by Delta Air Lines, Inc. The service has been well received and Aeromexico desires to continue the service in the future Although Aeromexico currently is not serving the Leon-Atlanta route, it seeks renewal of the authority so that it may operate service on the route when traffic conditions warrant.

Counsel: DLA Piper Rudnick, William Evans, 202-861-6459

OST-2000-7708 - Exemption - Leon/San Jose del Cabo-Atlanta

Filed March 23, 2005 | Issued June 8, 2005

Notice of Action Taken

Renewal of exemption from 49 U.S.C. § 41301 to permit the applicant to continue to conduct scheduled foreign air transportation of persons, property, and mail between: 1) Leon, Mexico, and Atlanta, Georgia; and) San Jose del Cabo, Mexico, and Atlanta, Georgia.

By: Paul Gretch

OST-1997-3289 - Delta and Aeromexico - Exemption - Blanket Mexico-US Beyond Gateways Codesharing
OST-2000-7708 - Delta/Comair/ASA and Aeromexico - Exemption - Leon/San Jose del Cabo-Atlanta
OST-2001-10833 - Delta and Aerolitoral - US-Mexico Codeshare

July 31, 2006

30-Day Notice Regarding Additional Codesharing Points

Delta, Aerovias de Mexico, S.A. de C.V. and Aerolitoral, S.A., de C.V. for behind-gateway intra-Mexico codesharing in Dockets OST-1997-3289 and OST-2001-10833, the carriers hereby notify the Department of their intent to display Delta's "DL*" designator code on flights operated by Aeromexico and/or Aerolitoral between Delta's authorized gateways in Mexico and each of the following points:

• Ciudad del Carmen (CME);
• Piedras Negras (PDS); and
• Toluca (TLC).

Such codesharing services will commence no earlier than 30 days from the date of this notice.

Counsel: John Mietus, 301-571-9334, john@mietuslaw.com for Aeromexico and Aerolitoral / Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com for Delta/Comair/ASA

OST-1997-3289 - Delta and Aeromexico - Exemption - Blanket Mexico-US Beyond Gateways Codesharing
OST-2000-7708 - Delta/Comair/ASA and Aeromexico - Exemption - Leon/San Jose del Cabo-Atlanta
OST-2001-10833 - Delta and Aerolitoral - US-Mexico Codeshare

December 20, 2006

30-Day Notice Regarding Additional Codesharing Points

Pursuant to the blanket statements of authorization granted to Delta Air Lines, Inc., Comair, Inc., Atlantic Southeast Airlines, Inc., and Aerovias de Mexico, S.A. de C.V. for codesharing to U.S. and Canadian points beyond Aeromexico's U.S. gateways in Dockets OST-1997-3289 and OST-2000-7708, the carriers hereby notify the Department of their intent to display Aeromexico's AM* designator code on flights operated by Delta, Comair and/or ASA between Aeromexico's authorized gateways in the United States and each of the following points:

• Hartford
• Montreal
• Syracuse

Counsel: John Mietus, 301-571-9334, john@mietuslaw.com for Aeromexico and Aerolitoral / Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com for Delta/Comair/ASA

OST-1997-3289 - Delta and Aeromexico - Exemption - Blanket Mexico-US Beyond Gateways Codesharing
OST-2000-7708 - Delta/Comair/ASA and Aeromexico - Exemption - Leon/San Jose del Cabo-Atlanta

February 8, 2007

Joint Application for Amended Statements of Authorization and Special Authorization and Renewal and Amendment of Exemption Authority

The Joint Applicants request issuance of the following authorities:

1. amended statements of authorization to Delta, Comair, and ASA pursuant to 14 C.F.R. Part 212 adding authority to display Aeromexico's "AM" designator code on Delta/Delta Connection flights between any point or points in the United States and any point or points in third countries on a blind-sector basis for the carriage of Aeromexico's traffic between Mexico and third countries;
2. special authorization to Aeromexico pursuant to 14 C.F.R. Part 216 to permit Aeromexico to commingle traffic between Mexico and third countries (that is, traffic not in foreign air transportation) on the same services that carry traffic that is in foreign air transportation between Mexico and the United States and between the United States and third countries, in conjunction with third-country codesharing services with Delta/Delta Connection;
3. an amended statement of authorization to Aeromexico pursuant to 14 C.F.R. Part 212 adding authority to display Delta's "DL" designator code on flights operated by Aeromexico between any point or points in Mexico and any point or points in third countries on a blind‑sector basis for the carriage of Delta's traffic between the United States and third countries; and
4. renewal of an exemption to Delta pursuant to 49 U.S.C. § 40109 to authorize Delta to continue to engage in scheduled foreign air transportation of persons, property and mail between points in the United States and points within Mexico beyond/behind Delta's authorized Mexican gateway points for transborder services for the purpose of blind-sector codesharing services operated between the Mexican gateway points and other points within Mexico on services operated by either Delta or Aeromexico, and amendment of this exemption to authorize Delta to engage in scheduled foreign air transportation of persons, property and mail between points in the United States and points worldwide beyond/behind Delta's authorized Mexican gateway points for transborder services for the purpose of blind-sector codesharing services operated between the Mexican gateway points and points worldwide on services operated by either Delta or Aeromexico.

Initially, Delta and Aeromexico plan to display Aeromexico's "AM" code on flights operated by Delta between (i) Atlanta, Georgia, and Madrid, Spain, and (ii) New York, New York, and Barcelona, Spain. The Joint Applicants request that this application be promptly granted so that Aeromexico may market these new international services without delay.

Counsel: Law Office of John Mietus, William Evans, 410-827-5074, bill@mietuslaw.com for Aeromexico / Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com for Delta

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