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Updated: Tuesday, January 22, 2008 10:08 AM

OST-2003-15252 - Aeromexico and Delta Air Lines

http://www.aeromexico.com/


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

OST-2003-15252 - Exemption - Mexico City-Ft. Lauderdale

May 22, 2003

Joint Application for Exemptions and Codeshare Statement of Authorization

  • 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 (1) Mexico City, Mexico, and Ft. Lauderdale, Florida, and (2) Monterrey, Mexico, and Orlando, Florida.
  • 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) Mexico City, Mexico, and Ft. Lauderdale, Florida, and (2) Monterrey, Mexico, and Orlando, Florida. Delta also seeks to combine this exemption authority with all of Delta's existing certificate and exemption authority, consistent with international agreements.
  • Statement of authorization for an indefinite period to permit Aeromexico to display Delta's "DL" designator code on flights operated by Aeromexico between (1) Mexico City, Mexico, and Ft. Lauderdale, Florida, and (2) Monterrey, Mexico, and Orlando, Florida.
  • In addition, Aeromexico seeks a statement of authorization permitting it to carry Deltas DL" designator code on Aeromexico flights over both routes.

Joint Applicants expect to institute the proposed services on or about July 7, 2003. Consequently, Joint Applicants request that the exemption authority and statement of authorization be granted as soon as possible so that Aeromexico and Delta have adequate time to promote and market the new services. Joint Applicants will poll the airlines shown on the service list and report the results to the Department.

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



Filed May 22, 2003 | Issued May 30, 2003

Notice of Action Taken | Word

Notice approving the application, subject to conditions. The Exemption authority granted to AeroMexico is effective May 30, 2003, through May 30, 2004. The Exemption authority granted to Delta is effective May 30, 2003, through May 30, 2005. The Statement of Authorization granted to AeroMexico is effective May 30, 2003, for an indefinite duration. Petitions are due June 10, 2003.

By: Paul Gretch



May 26, 2004

Application for Renewal of Exemption Authority

By this application, Aeromexico seeks renewal of its exemption authority to provide service between Mexico City, Mexico, and Ft. Lauderdale, Florida, and between Monterrey, Mexico, and Orlando, Florida, which was granted by Notice of Action Taken, dated May 30, 2003, and will expire on May 30, 2004. Currently Aeromexico is offering three weekly MD‑80 nonstop round trips in the Mexico City‑Ft. Lauderdale market, and one weekly B‑737 nonstop round trip in the Monterrey‑Orlando market. In addition, Aeromexico has been authorized to carry the two‑letter designator code of Delta Air Lines, Inc., on these flights. Aeromexico desires to continue the service and, therefore, seeks renewal of the exemption authority for an additional year.

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



Filed May 26, 2004 | Issued September 24, 2004

Notice of Action Taken

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled combination services between: (1) Mexico City, Mexico, and Ft. Lauderdale, Florida; and (2) Monterrey, Mexico, and, Orlando, Florida.

By: Paul Gretch



OST-00-6816 - Mexico City-Chicago
OST-00-7022 - Hermosillo-Las Vegas
OST-00-7390 - Atlanta-San Jose del Cabo
OST-00-8270 - Guadalajara-Ontario
OST-01-10438 - Mexico/Hermosillo-Salt Lake City
OST-01-10457 - Cincinnati-Cancun
OST-01-10691 - New York-Acapulco/Puerto Vallarta
OST-03-15252 - Mexico City-Ft. Lauderdale / Monterrey-Orlando
OST-03-15698 - Las Vegas-Guadalajara
OST-03-16555 - Boston-Cancun Codeshare
OST-04-16975 - Boston-Mexico City

March 31, 2005

Application for 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 Delta's application for amended certificate authority as it pertains to each of the routes identified herein, filed on November 30, 2004 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.

Delta is not seeking renewal of its exemption authority for Ft. Lauderdale-Mexico City service in Docket OST-2003-15252 because that route is dormant.

Counsel: Delta and Hogan & Hartson, Robert Cohn, 202-637-4999



OST-00-6816 - Mexico City-Chicago
OST-00-7022 - Hermosillo-Las Vegas
OST-00-7390 - Atlanta-San Jose del Cabo
OST-00-8270 - Guadalajara-Ontario
OST-01-10438 - Mexico/Hermosillo-Salt Lake City
OST-01-10457 - Cincinnati-Cancun
OST-01-10691 - New York-Acapulco/Puerto Vallarta
OST-03-15252 - Mexico City-Ft. Lauderdale / Monterrey-Orlando
OST-03-15698 - Las Vegas-Guadalajara
OST-03-16555 - Boston-Cancun Codeshare
OST-04-16975 - Boston-Mexico City

Filed March 31, 2005 | Issued June 15, 2005

Notice of Action Taken

OST‑2000‑6816: Scheduled foreign air transportation of persons, property, and mail between the terminal point Chicago, Illinois, and the terminal point Mexico City, 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‑2000‑7022: 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.

OST‑2000‑7390: 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. 1 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‑2000‑8270: 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-2001-10438: 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: 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.

OST‑2001‑10691: 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 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‑2003‑15252: Scheduled foreign air transportation of persons, property, and mail between the terminal point Orlando, Florida, and the terminal point Monterrey, 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‑2003‑15698: Scheduled foreign air transportation of persons, property, and mail between the terminal point Las Vegas, Nevada, 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‑2003‑16555: Scheduled foreign air transportation of persons, property, and mail between the terminal point Boston, Massachusetts, and the terminal point Mexico City, 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‑2004‑16975: Scheduled foreign air transportation of persons, property, and mail between the terminal point Boston, Massachusetts, and the terminal point Cancun, 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.

By: Paul Gretch



September 1, 2005

Application for Renewal of Exemption Authority

By this application, Aeromexico seeks renewal of its exemption authority to provide service between Mexico City, Mexico, and Ft. Lauderdale, Florida, and between Monterrey, Mexico, and Orlando, Florida, which was granted by Notice of Action Taken, dated May 30, 2003, and last renewed by Notice ofAction dated September 24, 2004; it will expire on September 24, 2005. Although Aeromexico has offered nonstop service on both routes in the past, it currently is serving the route via connections. Nevertheless, Aeromexico desires to renew the exemption authority so it can resume service when warranted by traffic conditions. Therefore, it seeks renewal of the exemption authority for an additional year.

Counsel: DLA Piper, William Evans, 202-861-6459, william.evans@dlapiper.com



Filed September 1, 2005 | Issued October 12, 2005

Notice of Action Taken | Word

Renewal of exemption from 49 USC § 41301 to permit the applicant to conduct scheduled, combination service between: 1) Mexico City, Mexico, and Fort Lauderdale, Florida; and 2) Monterrey, Mexico, and Orlando, Florida.

By: Paul Gretch



OST-2002-14070 - Exemption - Guadalajara-San Francisco
OST-2003-15252 - Exemption - Mexico City-Ft. Lauderdale
OST-2004-19436 - Exemption - Mexico City-Washington, DC

August 15, 2006

Request for Route Redesignation

By Notices of Action Taken, dated October 12, 2005, in OST-2002-14070 and OST-2003-15252, and Notice of Action Taken dated November 9, 2006, in OST-2004-19436, the Department granted Aerovias de Mexico, S.A. de C.V. exemption authority to operate respectively between Guadalajara, Mexico, and San Francisco, California; Mexico City, Mexico and Fort Lauderdale, Florida, and Mexico City, Mexico, and Washington, D.C. In February 2006, Aeromexico's bilateral designation for these three routes was canceled by the Dirrecion General de Aeronautica Civil, which rendered Aeromexico's exemption authority inactive. In order to reactivate the exemption authority, I am attaching a copy of an internal communication dated August 1, 2006, from the DGAC to the Secretaria de Relaciones Exteriores requesting that Aeromexico be designated anew for the three routes.

Counsel: John Mietus, William Evans, 410-827-5074, bill@mietuslaw.com



September 5, 2006

Application for Renewal of Exemption Authority

By this application, Aeromexico seeks renewal of its exemption authority to provide service between Mexico City, Mexico, and Ft. Lauderdale, Florida, which was last renewed by Notice of Action Taken, dated October 12, 2005, and will expire on October 12, 2006. Although Aeromexico currently is not offering nonstop service on the route, it intends to inaugurate daily nonstop service in early October, and therefore seeks to renew the exemption authority.

The Department also granted an exemption to serve Monterrey, Mexico-Orlando, Florida, but Aeromexico does not seek renewal of that authority.

Counsel: John Mietus, 301-571-9334, john@mietuslaw.com



Filed September 5, 2006 | Issued February 13, 2007

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to conduct scheduled foreign air transportation of persons, property and mail between Mexico City, Mexico and Ft. Lauderdale, Florida.

Our October 12, 2005 action also awarded Aeromexico authority to operate between Monterrey and Orlando. It is not seeking to renew that authority in this application.

By: Paul Gretch



OST-2001-10438 - Exemption - Mexico City/Hermosillo-Salt Lake City
OST-2001-10691 - Exemption - New York-Acapulco/Puerto Vallarta
OST-2003-15252 - Exemption - Mexico City-Ft. Lauderdale / Monterrey-Orlando
OST-2003-16555 - Exemption - Boston-Cancun Codeshare
OST-2005-22620 - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
OST-2005-22243 - Exemption - New York/Newark-Cozumel
OST-2000-7022 - Exemption - Hermosillo-Las Vegas
OST-2005-23381 - Exemption and Statement of Authorization - New York/Newark-Monterrey

April 24, 2007

Dormany Notices and Notices of Cessation of Codesharing

Delta Air Lines, Inc. hereby notifies the Department of the dormancy of the following routes:

  1. New York/Newark-Acapulco (Docket OST-2005-22243). Delta's final scheduled flight on this route took place on March 31, 2007.
  2. Atlanta-Merida (Docket OST-2005-22243). Delta does not intend to resume seasonal Atlanta-Merida service with its own aircraft during peak periods, but plans to continue to serve this route on a codeshare basis with Delta Connection carrier Atlantic Southeast Airlines, Inc. Accordingly, Delta hereby requests that its designation be converted to a codeshare-only authorization.
  3. Atlanta-Ixtapa/Zihuatanejo (Docket OST-2005-22620). By letter dated October 17, 2006, Delta notified the Department that the Atlanta-Ixtapa/Zihuatenejo route would be transitioned to seasonal service. Delta has now determined that it will not resume peak season service on this route.

Delta also hereby notifies the Department that its "DL*" designator code will no longer be displayed on Aeromexico flights on the following U.S.-Mexico routes:

  1. Las Vegas-Hermosillo (Docket OST-2000-7022);
  2. Salt Lake City-Hermosillo (Docket OST-2001-10438);
  3. Salt Lake City-Mexico City (Docket OST-2001-10438);
  4. New York-Acapulco (Docket OST-2001-10691);
  5. New York-Puerto Vallarta (Docket OST-2001-10691);
  6. Orlando-Monterrey (Docket OST-2003-15252);
  7. Boston-Cancun (Docket OST-2003-16555); and
  8. New York-Monterrey (Docket OST-2005-23381).

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



January 18, 2008

Re: Will Not Renew Route

By Notice of Action Taken dated February 13, 2007, 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 Mexico City, Mexico, and Ft. Lauderdale, Florida. The exemption is to expire on February 13, 2008. Please be advised that Aeromexico does not intend to seek renewal of this exemption authority.

Counsel: Mietus Law, William Evans, 410-827-5074, bill@mietuslaw.com


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