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OST-2002-13400

http://www.delta.com/


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

OST-02-13400 September 19, 2002 Application for an Exemption and Statements of Codeshare  Authorization Mazatlan-San Diego
    Service List  

By this application, Aeromexico seeks an exemption to engage in scheduled foreign air transportation of persons, property and mail between Mazatlan, Mexico and San Diego, California. Initially, Aeromexico proposes to offer two weekly MD-80 round trips on the Mazatlan-San Diego route.

There currently is no nonstop service or even roundtrip single-plane service in the Mazatlan-San Diego market, so that the proposed service clearly will provide significant benefits for U.S.-Mexico passengers and shippers. In addition, Aeromexico proposes to carry Delta's "DL" code on the described flights as well as any other flights Aeromexico may operate on the route, which will permit Delta to offer competitive options to U.S.-Mexico travelers.

Counsel: Shaw Pitman, Robert Cohn,  202-663-8060


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

OST-02-13400 October 2, 2002 Correspondence Exemption/Codeshare - Mazatlan-San Diego

Aerovias de Mexico, S.A. de C.V., has polled the U.S. airlines shown on the service list of the above-referenced application and advises you that there are no objections to a grant of the application.

Counsel: Piper Rudnick, William Evans


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

OST-02-13400 Issued October 2, 2002
October 3, 2002
Notice of Action Taken

Word Document

Exemption/Codeshare - Mazatlan-San Diego

Notice granting application, subject to conditions. Exemption authority to Aeromexico effective dates October 2, 2002, through October 2, 2003. Exemption authority to Delta effective October 2, 2002, through October 2, 2004. Statement of authorization to Aeromexico effective October 2, 2002, and will remain in effect indefinitely, subject to the conditions listed. Petitions due October 11, 2002.

By: Paul Gretch


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

OST-02-13400 October 10, 2002 Polling Letter Exemption/Codeshare - Matzatlan-San Diego

Correspondence of Aerovias de Mexico, S.A. de C.V. advising that they have polled the U.S. airlines shown on the service list of the application filed in OST-02-13400 on September 19, 2002, and that there are no objections to a grant of the application.

Counsel: Piper Rudnick, William Evans, 202 371-6000


OST-01-13400 - Mazatlan-San Diego

September 25, 2003

Application for Renewal of Exemption

By this application, Aeromexico seeks renewal of its exemption authority to provide service between Mazatlan, Mexico and San Diego, California. The authority was granted by Notice of Action Taken, dated October 2, 2002 and will expire on October 2, 2003. Aeromexico serves this market on a seasonal and will resume service in December of this year. Consequently, it seeks renewal of the authority for another year. In addition, Aeromexico carries Delta code on this route.

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


OST-01-13400 - Mazatlan-San Diego

Filed September 25, 2003 | Issued Ocotber 15, 2003

Notice of Action Taken

By: Paul Gretch


OST-02-13217 - Loreto- San Diego
OST-02-13400 - Mazatlan-San Diego

June 17, 2004

Application for Renewal of Exemptions

Delta offers nonstop San Diego‑Loreto and San Diego‑Mazatlan service by displaying its designator code on flights operated by Aeromexico. Renewal of Delta's exemption authority for these routes is in the public interest because it will allow Delta to maintain such San Diego‑Mexico transborder services, which have enhanced competition and expanded price and service options for U.S.‑Mexico travelers and shippers. In addition, the authority to provide service on these routes continues to be consistent with the U.S.‑Mexico Air Transport Services Agreement, as amended.

Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8060


OST-02-13217 - Loreto- San Diego Codeshare with Aeromexico
OST-02-13400 - Mazatlan-San Diego Codeshare with Aeromexico

Filed June 17, 2004 | Issued July 21, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between the terminal point San Diego, California, and the terminal point Loreto, Mexico, and to combine this exemption authority with all of Delta’s existing certificate and exemption authority, consistent with international agreements.

Scheduled foreign air transportation of persons, property, and mail between the terminal point San Diego, California, and the terminal point Mazatlan, Mexico, and to combine this exemption authority with all of Delta’s existing certificate and exemption authority, consistent with international agreements.

Delta states that it uses the authority in both documents pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V., whereby Delta places its "DL" code on the flights of Aeromexico in the subject markets.

By: Paul Gretch


OST-02-13400 - Mazatlan-San Diego

September 21, 2004

Application for Renewal of Exemption Authority

By this application, Aeromexico seeks renewal of its exemption authority to provide service between Mazatlan, Mexico and San Diego, California. The authority was last granted by Notice of Action Taken, dated October 15, 2003 and will expire on October 15, 2004. Aeromexico serves this market on a seasonal and its intends to continue such service in the future. Consequently, it seeks renewal of the authority for another year. In addition, Aeromexico carries Delta code on this route, which provides competitive options for Mexico-U.S. travelers.

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


OST-02-13400 - Mazatlan-San Diego

Filed September 21, 2004 | Issued October 28, 2004

Notice of Action Taken

Exemption from 49 USC section 41301 to permit the applicant to conduct scheduled, combination service between Mazatlan, Mexico, and San Diego, California.

By: Paul Gretch


OST-2002-13400 - Exemption - Mazatlan-San Diego

September 30, 2005

Application for Renewal of Exemption Authority

By this application, Aeromexico seeks renewal of its exemption authority to provide service between Mazatlan, Mexico and San Diego, California. The authority was last granted by Notice of Action Taken, dated October 28, 2004 and will expire on October 28, 2005. Aeromexico serves this market on a seasonal and its intends to continue such service in the future. Consequently, it seeks renewal of the authority for another year. In addition, Aeromexico carries Delta code on this route, which provides competitive options for Mexico-U.S. travelers.

Counsel: DLA Piper Rudnick, William Evans, 202-861-6459/6466


OST-2002-13217 - Exemption - Loreto-San Diego
OST-2002-13400 - Exemption - Mazatlan-San Diego
OST-2003-14290 - Exemption - San Jose del Cabo-Ontario, CA
OST-2004-18184 - Exemption - Salt Lake City-Cancun
OST-2004-18878 - Exemption - Salt Lake City-San Jose del Cabo
OST-2004-19231 - Exemption - Atlanta-Cozumel
OST-2004-19436 - Exemption - Mexico City-Washington, DC
OST-2004-19689 - Exemption - San Diego-Puerto Vallarta

April 27, 2006

Application for Renewal of Exemptions

Delta hereby applies under 49 U.S.C. § 40109 for renewal of exemptions authorizing Delta to continue to provide scheduled foreign air transportation of persons, property, and mail on the U.S.-Mexico routes identified in Exhibit A. 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. 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 Delta's application for amended certificate authority as it pertains to each of the routes identified herein, filed on November 30, 2004 and supplemented on October 17, 2005 in Docket OST-1999-6275, 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.

Docket

Date of Notice

Expiration Date

U.S.-Mexico Route(s):

OST-2002-13217

07/21/2004

07/21/2006

San Diego, CA - Loreto, Mexico

OST-2002-13400

07/21/2004

07/21/2006

San Diego, CA - Mazatlan, Mexico

OST-2003-14290

02/25/2005

02/25/2007

Ontario, CA - San Jose del Cabo, Mexico; Las Vegas, NV - Monterrey, Mexico

OST-2004-18184

06/29/2004

06/29/2006

Salt Lake City, UT - Cancun, Mexico

OST-2004-18878

08/31/2004

08/31/2006

Salt Lake City, UT - San Jose del Cabo, Mexico

OST-2004-19231

10/06/2004

10/06/2006

Atlanta, GA - Cozumel, Mexico

OST-2004-19436

11/09/2004

11/09/2006

Washington, D.C-Mexico City, Mexico

OST-2004-19689

12/23/2004

12/23/2006

San Diego, CA - Puerto Vallarta, Mexico

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com


OST-2002-13400 - Exemption - Mazatlan-San Diego
OST-2004-19436 - Exemption - Mexico City-Washington, DC

July 14, 2006

Withdrawal and Request for Dismissal of Renewal Applications

Delta Air Lines, Inc. holds exemptions in Dockets OST-2002-13400 and OST-2004-19436 for codesharing service on San Diego-Mazatlan and Washington, D.C.-Mexico City flights operated by Aerovias de Mexico, S.A. de C.V, and applied for renewal of such exemption authority in a consolidated application dated April 27, 2006.

Delta withdraws, and moves for dismissal of, the April 27, 2006 renewal application insofar as it relates to these exemptions in Dockets OST-2002-13400 and OST-2004-19436. The exemptions to serve the other routes identified in that application should be renewed.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com


OST-2002-13217 - Exemption - Loreto-San Diego
OST-2002-13400 - Exemption - Mazatlan-San Diego
OST-2003-14290 - Exemption - San Jose del Cabo-Ontario, CA
OST-2004-18184 - Exemption - Salt Lake City-Cancun
OST-2004-18878 - Exemption - Salt Lake City-San Jose del Cabo
OST-2004-19231 - Exemption - Atlanta-Cozumel
OST-2004-19436 - Exemption - Mexico City-Washington, DC
OST-2004-19689 - Exemption - San Diego-Puerto Vallarta

Filed April 27, 2006 | Issued August 9, 2006

Notice of Action Taken

OST-2002-13217: Scheduled foreign air transportation of persons, property, and mail between San Diego, California, and Loreto, Mexico. Delta states that it uses the authority pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V. whereby Delta places its "DL" code on the flights of Aeromexico in the subject market.

OST-2002-13400: Scheduled foreign air transportation of persons, property, and mail between San Diego, California, and Mazatlan, Mexico. Delta states that it uses the authority pursuant to a code-share arrangement with Aeromexico, whereby Delta places its "DL" code on the flights of Aeromexico in the subject market.

OST-2003-14290: Scheduled foreign air transportation of persons, property, and mail between (1) Ontario, California, and San Jose del Cabo, Mexico; and (2) Las Vegas, Nevada, and Monterrey, Mexico. Delta states that it uses the authority pursuant to a code-share arrangement with Aeromexico, whereby Delta places its "DL" code on the flights of Aeromexico in the subject markets.

OST-2004-18184: Scheduled foreign air transportation of persons, property, and mail between Salt Lake City, Utah, and Cancun, Mexico. Delta operates service on this route pursuant to a code-share arrangement with Aeromexico, whereby Aeromexico places its code on flights operated by Delta in the market.

OST-2004-18878: Scheduled foreign air transportation of persons, property, and mail between Salt Lake City, Utah, and San Jose del Cabo, Mexico. Delta operates this service on a seasonal basis.

OST-2004-19231 : Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Cozumel, Mexico.

OST-2004-19436: Scheduled foreign air transportation of persons, property, and mail between Washington, D.C., and Mexico City, Mexico. Delta states that it uses the authority pursuant to a code-share arrangement with Aeromexico, wherein Delta places its "DL" code on the flights of Aeromexico in the subject market.

OST-2004-19689: Scheduled foreign air transportation of persons, property, and mail between San Diego, California, and Puerto Vallarta, Mexico. Delta states that it uses the authority pursuant to a code-share arrangement with Aeromexico, whereby Delta places its "DL" code on the flights of Aeromexico in the subject market.

For all of the captioned applications, Delta requests that all of the authorities be renewed for a period of two years with a common expiration date.

Dismissed, in part (request for renewal of exemption authority in Dockets OST-2002-13400 and OST-2004-19436).

By letter dated July 14, 2006. Delta withdrew, and moved lor dismissal of. its renewal application with respect to authority it holds under Dockets OST-2002-13400 and OST-2004-19436. Our action here grants the carrier's request.

By: Paul Gretch


OST-2001-10617 - Aeromexico - Exemption - Acapulco-New York
OST-2002-13400 - Aeromexico and Delta - Exemption - Mazatlan-San Diego
OST-2004-19436 - Aeromexico and Delta - Exemption - Mexico City-Washington, DC

September 20, 2006

Re: Will Not Seek Renewal of Exemption

On October 5, 2005, Aeromexico filed an application to renew the exemption authority granted in the above-referenced dockets. Please be advised that the company does not intend to pursue renewal of the exemption and has no objection to dismissal of the application by the Department.

Counsel: Law Offices of John Mietus, William Evans, 410-827-5074



Termination of Dockets

Order 2008-2-36

Docket 43430 - Trans World Airlines - Certificate Authority
Docket 49564 - Trans World Airlines - New York-London Heathrow
Docket 49654 - American Airlines - Certificate Amendmet
Docket 49686 - Continental Airlines - Certificate Amendment
Docket 50218 - Delta Air Lines - Certificate Amendment
Docket DOT-OST-1996-1442 - Trans World Airlines - New York-London
Docket DOT-OST-1996-1668 - United Air Lines and Saudi Arabian Airlines - Renewal
Docket DOT-OST-1997-2089 - Laker Airways - UK-Florida Renewal
Docket DOT-OST-1997-2637 - Air Exel - Codeshare with Northwest Airlines
Docket DOT-OST-1998-4333 - Air Exel - Codeshare with Northwest Airlines
Docket DOT-OST-1998-4830 - Continental Airlines - Detroit-Cayman Islands
Docket DOT-OST-1998-4911 - American Airlines - US-Venezuela Codeshare with Aeropostal
Docket DOT-OST-1999-5078 - Air Exel - Codeshare with Northwest Airlines
Docket DOT-OST-1999-5527 - American Airlines - US-London Gatwick
Docket DOT-OST-2000-7089 - Trans World Airlines - US-Japan Renewal
Docket DOT-OST-2000-7606 - American Airlines - Codeshare with TACA Group Carriers
Docket DOT-OST-2000-7660 - Aeromexico and Delta Air Lines - Chicago-Morelia
Docket DOT-OST-2001-10617 - Aeromexico - Acapulco-New York
Docket DOT-OST-2002-11945 - Continental Airlines and Air Exel -US-Netherlands Codeshare
Docket DOT-OST-2002-13400 - Aeromexico - Mazatlan-San Diego Renewal
Docket DOT-OST-2003-15013 - Planet Airways - US-Bahamas
Docket DOT-OST-2003-15729 - America West Airlines - US-Costa Rica Renewal
Docket DOT-OST-2003-16741 - America West Airlines and Mesa Airlines - Los Angeles-Mazatlan
Docket DOT-OST-2003-16745 - America West Airlines and Mesa Airlines - Los Angeles-Mazatlan
Docket DOT-OST-2004-18002 - America West Airlines - Phoenix-Mexico Certificate
Docket DOT-OST-2004-18615 - America West Airlines - US-Jordan Certificate
Docket DOT-OST-2004-19453 - Aeromexico - Puerto Vallarta-San Diego
Docket DOT-OST-2005-21441 - Atlas Air and Polar Air Cargo - US-Ecuador All-Cargo

Issued February 28, 2008 | Served March 4, 2008

Order Terminating Proceedings

The Department has identified the following proceedings as moot, inactive, or pending Departmental action on the applicant’s request for withdrawal or dismissal. It is in the public interest for administrative management reasons to terminate the proceedings and close the corresponding dockets, and we will do so under authority assigned by the Department in its Regulations, 14 CFR §385.3 and §385.13.

By: Paul Gretch


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