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OST-2003-14290 |
http://www.delta.com/
http://www.aeromexico.com/
Aerovias de Mexico, S.A. de C.V. and Delta Air Lines, Inc.
| OST-2003-14290 | January 15, 2003 | Application for an Exemption and Codeshare Statement of Authorization | San Jose del Cabo-Ontario Monterrey-Las Vegas |
| Service List |
Respectfully request that the Department grant the following authorizations to permit the Joint Applicants to expand their Mexico-U.S. code-share/blocked space services:
a. Exemption authority for one year to Aeromexico to the extent necessary to permit it to engage in scheduled foreign air transportation of persons, property and mail between San Jose del Cabo, Mexico, and Ontario, California.
b. Exemption authority for two years to Delta to the extent necessary to permit it to engage in scheduled foreign air transportation of persons, property and mail between (1) San Jose del Cabo, Mexico, and Ontario, California, and (2) Monterrey, Mexico and Las Vegas, Nevada. Delta also seeks to combine this exemption authority with all of Delta's existing certificate and exemption authority, consistent with international agreements.
By this application, Aeromexico seeks an exemption to engage in scheduled foreign air transportation of persons, property and mail between San Jose del Cabo and Ontario. Aeromexico proposes to offer daily nonstop service in the market with MD-80 Series or other appropriate aircraft. Aerornexico's proposed service will provide travelers with first single plane and nonstop service in the San Jose del Cabo-Ontario market. In addition, Aeromexico seeks a statement of authorization permitting it to carry Delta's "DL" designator code on Aeromexico flights over both routes. Approval of the statement of authorization will enable Delta to offer first competitive service on the San Jose del Cabo-Ontario route and competitive service on the Monterey-Las Vegas route. Consequently, the proposed service clearly will provide significant benefits for U.S.-Mexico passengers and shippers.
Counsel: Delta, Shaw Pittman, Robert Cohn, 202 663-8060, Aeromexico, Piper Rudnick, William Evans, 202 371-6030
| OST-03-14290 | Filed January 15, 2003 Issued March 27, 2003 |
Notice of Action Taken | Mexico-US |
Exemption for Aeromexico for one year under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between the terminal point San Jose del Cabo, Mexico, and the terminal point Ontario, California. Aeromexico intends to operate this service under a code-share arrangement with Delta on flights operated by Aeromexico.
Exemption for Delta for two years under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Ontario, California, and the terminal point San Jose del Cabo, Mexico; and (2) the terminal point Las Vegas, Nevada, and the terminal point Monterrey, Mexico, and to combine this exemption authority with all of Delta's existing certificate and exemption authority, consistent with international agreements.
Statement of Authorization for Aeromexico for indefinite duration under Part 212 of the Department's Regulations to: Display Delta's "DL" designator code on flights operated by Aeromexico between (1) San Jose del Cabo, Mexico, and Ontario, California, and (2) Monterrey, Mexico, and Las Vegas, Nevada.
Aeromexico already holds exemption authority to serve the Monterrey-Las Vegas market. See Notice of Action Taken dated December 23, 2002, in Docket OST-2001-11036.
By: Paul Gretch
February 27, 2004
Application for Renewal of Exemption
By this application, Aeromexico seeks renewal of its exemption authority to provide service between San Jose del Cabo and Ontario. The authority was granted by Notice of Action Taken, dated March 27, 2003, and will expire on March 26, 2004. Aeromexico currently is operating three weekly round trips on the route with MD‑80 Series aircraft. The public has responded well to the service and Aeromexico desires to continue that service for an additional year. In addition, Aeromexico carries the two– letter designator code of Delta Air Lines, Inc., which permits Delta to offer competitive alternatives to the traveling public.
Counsel: Piper Rudnick, William Evans, 202-861-6459
Filed February 27, 2004 | Issued March 16, 2004
Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination service between San Jose del Cabo, Mexico, and Ontario, California.
By: Paul Gretch
January 24, 2005
Application for Renewal of an Exemption
Delta offers nonstop Ontario-San Jose del Cabo and Las Vegas-Monterrey service by displaying its designator code on flights operated by Aeromexico.
Delta requests that this exemption be renewed for an additional period of at least two years, or until 90 days after the Department's final determination on Delta's application for amendment of a certificate adding these routes, which is pending in Docket OST-1999-6275, whichever occurs earlier.
Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8060, sascha.vanderbellen@shawpittman.com
Filed January 24, 2005 | Issued February 25, 2005
Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Ontario, California, and the terminal point San Jose del Cabo, Mexico; and (2) the terminal point Las Vegas, Nevada, and the terminal point Monterrey, Mexico, and to combine this authority with all of Delta’s existing certificate and exemption authority, consistent with applicable international agreements. Delta proposes to continue to conduct these U.S.-Mexico services pursuant to its code-share arrangement with Aerovias de Mexico, S.A., whereby the "DL" designator code is placed on flights operated by Aeromexico in these markets.
By: Paul Gretch
March 10, 2005
Application for Renewal of Exemption Authority
By this application, Aeromexico seeks renewal of its exemption authority to provide service between San Jose del Cabo and Ontario. The authority was granted by Notice of Action Taken, dated March 26, 2004, and will expire on March 26, 2005. Aeromexico currently is operating three weekly round trips on the route with MD‑80 Series aircraft. The public has responded well to the service and Aeromexico desires to continue that service for an additional year. In addition, Aeromexico carries the twoletter designator code of Delta Air Lines, Inc., which permits Delta to offer competitive alternatives to the traveling public.
Counsel: DLA Piper Rudnick, John Mietus, 202-861-6459
Filed March 10, 2005 | Issued March 28, 2005
Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination service between San Jose del Cabo, Mexico, and Ontario, California.
By: Paul Gretch
March 2, 2006
Application for Renewal of Exemption Authority
Aeromexico seeks renewal of its exemption authority to provide service between San Jose del Cabo and Ontario. The authority was last granted by Notice of Action Taken, dated March 28, 2005, and will expire on March 28, 2006. Aeromexico currently is operating six weekly round trips on the route with MD-80 Series aircraft. The public has responded well to the service and Aeromexico desires to continue that service for an additional year.
Counsel: DLA Piper Rudnick, William Evans, 202-861-6459
Filed March 2, 2006 | Issued March 20, 2006
Renewal of exemption from 49 USC § 41301 to permit the applicant to conduct scheduled foreign air transportation of persons, property, and mail between San Jose del Cabo, Mexico, and Ontario, California.
By: Paul Gretch
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):
07/21/2004
07/21/2006
San Diego, CA - Loreto, Mexico
07/21/2004
07/21/2006
San Diego, CA - Mazatlan, Mexico
02/25/2005
02/25/2007
Ontario, CA - San Jose del Cabo, Mexico; Las Vegas, NV - Monterrey, Mexico
06/29/2004
06/29/2006
Salt Lake City, UT - Cancun, Mexico
08/31/2004
08/31/2006
Salt Lake City, UT - San Jose del Cabo, Mexico
10/06/2004
10/06/2006
Atlanta, GA - Cozumel, Mexico
11/09/2004
11/09/2006
Washington, D.C-Mexico City, Mexico
12/23/2004
12/23/2006
San Diego, CA - Puerto Vallarta, Mexico
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2002-13217 - 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
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
February 20, 2007
Will Not Seek Renewal of San Jose del Cabo-Ontario, CA
By Notice of Action Taken dated March 20, 2006, in the above-referenced docket, the Department granted exemption authority to Aerovias de Mexico, S.A. de C.V. to engage in foreign air transportation between San Jose del Cabo, Mexico, and Ontario, California. The exemption is to expire on March 20, 2007. Please be advised that Aeromexico does not intend to seek renewal of this exemption.Counsel: Law Office of John Mietus, Williams Evans, 410-827-5074, bill@mietuslaw.com
OST-2003-14290 - Exemption - San Jose del Cabo-Ontario / Monterrey-Las Vegas
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-2005-23497 - Los Angeles-Puerto Vallarta Combination Service Proceeding
OST-2006-24427 - Exemption - Atlanta-Leon/Guanajuato
OST-2006-24984 - ASA and Delta - Los Angeles-Mexico Routes
OST-2006-25065 - Exemption - Los Angeles-Acapulco
OST-2006-25433 - Exemption - Orlando/Salt Lake City-Mexico City
OST-2006-25495 - Exemption - Salt Lake City-Guadalajara/Mazatlan/San Jose del Cabo
March 25, 2008
Application for Renewal of Exemptions
Pursuant to these exemptions, Delta provides nonstop U.S.‑Mexico service, in some cases with its own aircraft, in some cases on a codeshare basis with Aeromexico or Delta Connection carriers, and in some cases both with its own aircraft and on a codeshare basis.
Delta's exemption authority in Docket OST-2003-14290 also includes the Ontario-San Jose del Cabo route, but Delta is not seeking renewal of the exemption as it pertains to that route because the Aeromexico flights on which Delta had previously placed its code have been discontinued. In that regard, by letter dated February 20, 2007, filed in this Docket, Aeromexico notified the Department that it would not seek renewal of its Ontario-San Jose del Cabo exemption authority.
Delta currently offers service on the Los Angeles-Mexico routes specified in Docket OST-2006-24984 by displaying its code on "small aircraft" regional jet services operated by ExpressJet Airlines, Inc. Although Delta would remain authorized to offer such services pursuant to 14 C.F.R. § 206.5, Delta is seeking renewal of its exemption authority to provide it with the flexibility to offer large aircraft service in the future.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
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