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Updated: Wednesday, March 26, 2008 4:07 PM


OST-2004-19231 - Delta Air Lines - Atlanta-Cozumel

http://www.delta.com/


Delta Air Lines, Inc.

OST-2004-19231 - Exemption - Atlanta-Cozumel

September 24, 2004

Application for an Exemption

Hereby requests an exemption to operate new nonstop service between Atlanta, Georgia and Cozumel, Mexico beginning on or about March 5, 2005. Delta's new service will provide Atlanta with its only nonstop service to Cozumel, and will also provide attractive new online connections between Cozumel and the 149 cities served by Delta and the Delta Connection carriers from Atlanta. The proposed new flight will initially operate as Saturday/Sunday service, using Boeing 737-800 aircraft configured with 132 economy and 16 first class seats.

Delta's Certificate for Route 562 includes the Atlanta-Cozumel route, which was granted in connection with dormant codeshare-only service previously provided by Delta on flights operated by Aerovias de Mexico, S.A. de C.V. Delta requests a designation for the Atlanta-Cozumel route in lieu of any codeshare-only notification previously transmitted to the Mexican authorities. (OST-99-6366 / OST-99-6370)

Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060



September 30, 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, 202-663-8382, sascha.vanderbellen@shawpittman.com



Filed September 27, 2004 | Issued October 6, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Cozumel, Mexico, and to integrate this authority with all of Delta’s existing certificate and exemption authority, consistent with applicable international agreements. Delta proposes to operate service in this market using its own aircraft and crews beginning on March 5, 2005.

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):

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-2004-19436 - 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-2004-19231 - Exemption - Atlanta-Cozumel
OST-2005-22243 - Exemption - Cincinnati-San Jose del Cabo

August 28, 2007

Notice of Seasonal Service and Dormancy

Delta hereby notifies the Department that (i) the service operated by Delta between Atlanta and Cozumel will be on a seasonal, rather than a year-round, basis going forward, and (ii) Delta's service between Cincinnati and San Jose del Cabo has been discontinued and may be considered dormant effective immediately.

Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com



OST-2004-19231 - Exemption - Atlanta-Cozumel
OST-2005-22243 - Exemption - Cincinnati-San Jose del Cabo

Filed August 28, 2007 | Approved October 2, 2007

Department Action on Application

Includes Delta's request to convert its Atlanta-Cozumel service to seasonal.

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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