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Updated: Wednesday, March 26, 2008 4:06 PM


OST-2004-18184 - Delta Air Lines and Aeromexico - Salt Lake City-Cancun

http://www.delta.com/


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

OST-2004-18184 - Exemption - Salt Lake City-Cancun

June 14, 2004

Joint Application for Exemptions and Statement of Authorization

Delta Air Lines, Inc. hereby applies to commence new nonstop service between Salt Lake City International Airport and Cancun, Mexico beginning August 7, 2004. Delta's new service will provide Salt Lake City with competitive nonstop service to Mexico, and will provide attractive new online connections to the numerous cities served by Delta and Delta Connection carriers from Delta's Salt Lake City hub. The proposed new flight will initially operate as a once‑weekly Saturday service, using Boeing 737‑800 aircraft.

Notification supporting Aeromexico’s proposed service on the Salt Lake City-Cancun route will be forthcoming from the Government of Mexico.

Salt Lake City-Cancun authority was recently granted to the first U.S. carrier (Frontier Airlines), leaving one U.S. designation available (see Notice of Action Taken dated May 11, 2004 in Docket OST-2004-17467), and all four Mexican codeshare-only opportunities are available.

Counsel: Piper Rudnick, William Evans, 22-371-6030 for Aeromexico / Shaw Pittman, Alexander Van der Bellen, 202-663-8060



June 21, 2004

Re: Polling Letter

This is to advise the Department that Delta has completed its poll with regard to the above captioned application. There were no objections by any carrier party. Accordingly, Delta urges that its application be granted as soon as possible

Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8060, sascha.vanderbellen@shawpittman.com



Filed June 14, 2004 | Issued June 29, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between Salt Lake City, Utah, and Cancun, Mexico, and to combine this authority with all of Delta’s existing certificate and exemption authority, consistent with applicable international agreements. Delta will operate this service pursuant to a code-share arrangement with Aeromexico.

By: Paul Gretch



September 14, 2004

Supplement to the Joint Application for Exemptions and a Statement of Authorization

On June 14, 2004, Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V., filed a joint application seeking exemption authority for each to engage in foreign air transportation of persons, property and mail between Salt Lake City, Utah, and Cancun, Mexico. The application also requested a statement of authorization for Delta enabling it to carry the "AM" code of Aeromexico on its Salt Lake City-Cancun flights. By Notice of Action Taken, dated June 29, 2004, the Department granted exemption authority to Delta and deferred action on the remainder of the application pending receipt of Aeromexico 's designation for the route.

Attached hereto is a copy of the internal communication dated September 1, 2004, from the Mexican Dirrecion General de Aeronautica Civil to the Secretaria de Relaciones Exteriores authorizing Aeromexico to perform service between Salt Lake City and Aeromexico and Delta Application Cancun by placing its code on flights operated by Delta. Consequently, Aeromexico and Delta respectfully request that the Department grant the remainder of the pending application.

Counsel: Piper Rudnick, William Evans, 22-371-6030 for Aeromexico / Shaw Pittman, Alexander Van der Bellen, 202-663-8060



September 23, 2004

Attachment to Supplement of Codeshare with Delta Air Lines

On September 14, 2004, I filed a Supplement to the above-referenced application and inadvertently omitted the attachment. Thus, I am enclosing seven copies of the attachment, which is an internal communication from the Mexican Dirrecion General de Aeronautica Civil to the Secretaria de Relaciones Exteriores authorizing Aeromexico to place its code on flights of Delta Air Lines., Inc., between Cancun, Mexico and Salt Lake City, Utah.

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



Filed June 14, 2004 | Supplemented September 14 and 23, 2004 | Issued October 12, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between Salt Lake City, Utah, and Cancun, Mexico. Aeromexico intends to provide this service by placing its code on flights operated by Delta Air Lines.

By: Paul Gretch



Filed June 14, 2004 | Supplemented September 14 and 23, 2004 | Issued October 12, 2004

Notice of Action Taken - Corrected Copy | Word

This Notice of Action Taken is corrected to reflect the duration of Aeromexico’s exemption authority through October 12, 2005, instead of October 12, 2006.  This correction is both consistent with the carrier’s request for one year authority, and our policy with respect to this type of application.

By: Paul Gretch



September 28, 2005

Application for Renewal of Exemption Authority

By this application, Aeromexico seeks renewal of its exemption authority to provide service between Cancun, Mexico, and Salt Lake City, Utah, which was granted by Notice of Action Taken, dated October 20, 2004. The exemption is scheduled to expire on October 12, 2005. Aeromexico currently provides two weekly nonstop round trips by placing its "AM" designator code on flights operated by Delta between Cancun and Salt Lake City, and it desires to continue to provide such service in the future. This nonstop service clearly has generated benefits for the traveling public, and continuation of the service clearly is in the public interest.

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



OST-2001-10457 - Exemption - Cincinnati-Cancun
OST-2004-18184 - Exemption - Salt Lake City-Cancun
OST-2005-22243 - Exemption - New York/Newark-Cozumel

November 22, 2005

Motion for a Temporary Dormancy Waiver

Delta Air Lines, Inc. hereby moves for a temporary dormancy waiver with respect to the following U.S.-Cancun/Cozumel city-pairs:

  • Cincinnati, OH-Cancun, Mexico
  • Salt Lake City, UT-Cancun, Mexico
  • New York, NY/Newark, NJ-Cozumel, Mexico

Due to the devastation caused by Hurricane Wilma in Cancun and Cozumel, Delta has been forced to revise its service plans for the identified routes. Delta currently anticipates that it will resume or commence these services on or about June 1, 2006. Accordingly, Delta requests a temporary waiver so that the 90‑day dormancy period for each route will commence on June 1.

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



OST-2001-10457 - Exemption - Cincinnati-Cancun
OST-2004-18184 - Exemption - Salt Lake City-Cancun
OST-2005-22243 - Exemption - New York/Newark-Cozumel

Filed November 22, 2005 | Approved January 11, 2006

Motion for a Temporary Dormancy Waiver

Delta Air Lines, Inc. hereby moves for a temporary dormancy waiver with respect to the following U.S.-Cancun/Cozumel city-pairs:

  • Cincinnati, OH-Cancun, Mexico
  • Salt Lake City, UT-Cancun, Mexico
  • New York, NY/Newark, NJ-Cozumel, Mexico

Due to the devastation caused by Hurricane Wilma in Cancun and Cozumel, Delta has been forced to revise its service plans for the identified routes. Delta currently anticipates that it will resume or commence these services on or about June 1, 2006. Accordingly, Delta requests a temporary waiver so that the 90-day dormancy period for each route will commence on June 1.

By: Esta Rosenberg



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-2002-13217 - 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



Filed September 28, 2005 | Issued August 23, 2006

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 Cancun, Mexico, and Salt Lake City, Utah. Aeromexico provides this service by placing its code (AM*) on flights operated by Delta Air Lines Inc.

By: Paul Gretch



August 6, 2007

Application for Renewal of Exemption Authority

By this exemption request, Aeromexico seeks renewal of its exemption authority to engage in scheduled foreign air transportation of persons, property and mail between Cancun, Mexico, and Salt Lake City, Utah. The exemption authority was last renewed by Notice of Action Taken, dated August 23, 2006, and expires on August 23, 2007. Aeromexico Currently is offering five weekly nonstop round trips on this route by placing it "AM" designator code on flights operated by Delta.

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



Filed August 6, 2007 | Issued October 4, 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 Cancun, Mexico, and Salt Lake City, Utah. Aeromexico provides this service by placing its (AM) designator code on flights operated by Delta Air Lines Inc.

By: Paul Gretch





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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