OST-2001-10174

OST-2001-10174

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

OST-01-10174	July 16, 2001	Joint Application for Exemption and Statement of Authorization	Los Angeles- Acapulco/New York- Monterrey
		Attachment: Review Conclusion Statement
		Service List

An exemption to Delta, pursuant to 49 U.S. C. § 40109 and Subpart C of the Department's Rules of Practice in Proceedings, to permit Delta to engage in scheduled foreign air transportation of persons, property and mail between (i) Los Angeles, California, and Acapulco, Mexico, and (ii) New York, New York, and Monterrey, Mexico; and to combine this exemption authority with all of Delta's existing certificate and exemption authority, consistent with applicable international agreements; and

A statement of authorization to Aeromexico, pursuant to 14 C.F.R. Part 212, to permit Aeromexico to display Delta's "DL" designator code on flights operated by Aeromexico between (i) Los Angeles, California, and Acapulco, Mexico, and (ii) New York, New York, and Monterrey, Mexico.

Delta plans to begin Los Angeles-Acapulco and New York (JFK)Monterrey service by displaying its "DL" designator code on Aeromexico's nonstop flights on these routes. The new services will be operated pursuant to the existing Delta/Aeromexico codesharing agreement, which has already been reviewed and approved by the Department.

Counsel: Verner Liipfert, William Evans, 202.371.6030 and Shaw Pittman, Robert Cohn, 202.663.8060

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

OST-01-10174

July 25, 2001

Re: Polling Letter

Los Angeles- Acapulco/New York- Monterrey

Counsel: Shaw Pittman, Robert Cohn, 202.663.8060

OST-01-10174

Filed July 17, 2001
Issued July 25, 2001

Notice of Action Taken

Los Angeles- Acapulco/New York- Monterrey

Scheduled foreign air transportation of persons, property, and mail between (1) Los Angeles, California, and Acapulco, Mexico, and (2) New York, New York, and Monterrey, Mexico. Delta also requests authority to combine this exemption authority with all of Delta's existing certificate and exemption authority, consistent with applicable international agreements. Delta further requests a codeshare-only authorization as necessary to support the proposed exemption services. Delta states that it intends to use this authority under a code-share arrangement with Aerovias de Mexico, S.A. de C.V.

Display Delta's "DL" designator code on flights operated by Aeromexico between (i) Los Angeles, California, and Acapulco, Mexico, and (ii) New York, New York, and Monterrey, Mexico.

Aerovias de Mexico, S.A. de C.V. holds authority to serve between Los Angeles and Acapulco (see Notice of Action Taken dated April 25, 2001, in Docket OST-01-9518), and authority to serve between New York and Monterrey (see Notice of Action taken dated November 29, 2000, in Docket OST-00-8374).

By: Paul Gretch

May 14, 2003

OST-00-6816 - Mexico City-Chicago
OST-00-8270 - Guadalajara - Ontario
OST-01-10174 - Los Angeles-Acapulco/New York - Monterrey
OST-01-10438 - Mexico/Hermosillo-Salt Lake City
OST-01-10457 - Cincinnati-Cancun
OST-01-10691 - New York-Acapulco/Puerto Vallarta
OST-02-11478 - Ontario-Hermosillo

Application Renewal of Exemptions

This renewal application encompasses multiple docketed exemptions that Delta relies upon to provide nonstop U.S.-Mexico services either with its own aircraft or pursuant to a codeshare arrangement with Aerovias de Mexico, S.A. de C.V. The exemptions in the captioned dockets all have renewal application deadlines within the next several months. Delta requests that these exemptions be renewed for a period of at least two years, with a common expiration date, or until 90 days after the Department's final determination on applications for certificate authority with respect to each route, whichever occurs earlier. The establishment of a common renewal date will promote administrative efficiency and reduce the burden on Delta and the Department in maintaining these multiple and non-controversial U.S.-Mexico exemption authorities.

Counsel: Shaw Pittman, Robert Cohn, 202-662-8060

Filed May 14, 2003 | Issued June 10, 2003

OST-00-6816 - Mexico City-Chicago
OST-00-7022 - Las Vegas-Hermosillo
OST-00-7292 - Lost Angeles-Durango; Atlanta-Merida
OST-00-7390 - Atlanta-San Jose del Cabo
OST-00-8270 - Guadalajara-Ontario
OST-01-10174 - Los Angeles-Acapulco/New York-Monterrey
OST-01-10438 - Mexico/Hermosillo-Salt Lake City
OST-01-10457 - Cincinnati-Cancun
OST-01-10691 - New York-Acapulco/Puerto Vallarta
OST-02-11478 - Ontario-Hermosillo

Notice of Action Taken | Word

OST-2000-6816, filed May 14, 2003: Scheduled foreign air transportation of persons, property, and mail between the terminal point Chicago, Illinois, and the terminal point Mexico City, Mexico. Delta provides yearround service on this route pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Delta places its code on flights operated by Aeromexico in the market.

OST-2000-8270, filed May 14, 2003: Scheduled foreign air transportation of persons, property, and mail between the terminal point Ontario, California, and the terminal point Guadalajara, Mexico. Delta provides year-round service on this route pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Delta places its code on flights operated by Aeromexico in the market.

OST-2001-10174, filed May 14, 2003: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Los Angeles, California, and the terminal point Acapulco, Mexico; and (2) the terminal point New York, New York, and the terminal point Monterrey, Mexico. Delta provides year-round service on these routes pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Delta places its code on flights operated by Aeromexico in the markets.

OST-2001-10438, filed May 14, 2003: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Salt Lake City, Utah, and the terminal point Mexico City, Mexico; and (2) the terminal point Salt Lake City, Utah, and the terminal point Hermosillo, Mexico. Delta provides year-round service on these routes pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Delta places its code on flights operated by Aeromexico in the markets.

OST-2001-10457, filed May 14, 2003: Scheduled foreign air transportation of persons, property, and mail between the terminal point Cincinnati, Ohio, and the terminal point Cancun, Mexico. Delta provides service on this route pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Aeromexico places its code on flights operated by Delta in the market. Delta has requested flexibility to use its authority in the Cincinnati-Cancun market on a year-round or seasonal basis, as dictated by market circumstances.

OST-2001-10691, filed May 14, 2003: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point New York, New York, and the terminal point Acapulco, Mexico; and (2) the terminal point New York, New York, and the terminal point Puerto Vallarta, Mexico. Delta provides yearround service on these routes pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Delta places its code on flights operated by Aeromexico in the markets.

OST-2002-11478, filed May 14, 2003: Scheduled foreign air transportation of persons, property, and mail between the terminal point Ontario, California, and the terminal point Hermosillo, Mexico. Delta provides year-round service on this route pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico) and Aerolitoral, S.A., de C.V. Aerolitoral), whereby Delta places its code on flights operated by both Aeromexico and Aerolitoral in the market.

OST-2000-7292, filed April 5, 2002: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Atlanta, Georgia, and the terminal point Merida, Mexico. 2 Delta provides yearround service on this route pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Delta places its code on flights operated by Aeromexico in the market.

OST-2000-7390, filed April 5, 2002: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Atlanta, Georgia, and the terminal point Leon, Mexico; and (2) the terminal point Atlanta, Georgia, and the terminal point San Jose del Cabo, Mexico. Delta provides service on this route pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Aeromexico places its code on flights operated by Delta in the markets.

OST-2000-7022, filed February 1,2002: Scheduled foreign air transportation of persons, property, and mail between the terminal point Las Vegas, Nevada, and the terminal point Hermosillo, Mexico. Delta provides year-round service on this route pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V. (Aeromexico), whereby Aeromexico places its code on flights operated by Delta in the market.

The U.S.-Mexico transborder exemption authority granted to Delta in the captioned dockets is subject to the dormancy notice requirements set forth in condition 7 of Appendix A of Order 88-10-2. With the exception of the U.S.-Mexico exemption authority granted in Dockets OST-2001-10457, OST-2000-7390, and OST-2000-7022, the U.S.-Mexico exemption authority granted is limited to services provided on a code-share basis only.

Delta does not seek to renew the Los Angeles-Durango exemption authority originally granted in this docket (see Notice of Action Taken dated June 20, 2000). Delta provides seasonal service in the Atlanta-San Jose del Cabo market.

By: Paul Gretch