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

OST-2005-20320 - Statement of Authorization and Exemption - Salt Lake City-San Jose del Cabo

February 3, 2005

Joint Application for Exemptions and Codeshare Statement of Authorization

Pursuant to 49 U.S.C. 40109(c) and 14 C.F.R. Part 212, Aerovias de Mexico, S.A. de C.V. and Delta Air Lines, Inc. 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 Aeromexico to engage in scheduled foreign air transportation of persons, property and mail between San Jose del Cabo (Los Cabos), Mexico and Salt Lake City.

b. Statement of authorization for an indefinite period to permit Delta to display Aeromexico's "AM" designator code on flights operated by Delta in both the Cozumel-Atlanta and San Jose del Cabo-Salt Lake City markets.

The carriers intend to institute the display of Aeromexico's code on Delta's flights in these markets as soon as possible, and they therefore request that the authorizations be granted expeditiously so that they have adequate time to promote and market the new services. The Joint Applicants will poll the airlines shown on the service list and report the results to the Department.

Counsel: DLA Piper Rudnick, John Mietus, Jr., 202-861-6466 for Aeromexico / Shaw Pittman, Alexander Van der Bellen for Delta

March 18, 2005

Request to Grant Statement of Authorization and Defer Action on Remainder of Joint Application

Delta hereby requests that the Department grant Delta's pending request for a Statement of Authorization to carry Aeromexico's code on the Atlanta-Cozumel route, and defer action on the remainder of the Joint Application. Aeromexico is already designated and holds exemption authority for the Atlanta-Cozumel route. Thus, all that is required for the Joint Applicants to begin codeshare service is a Statement of Authorization to Delta.

The Joint Applicants expect a designation to be forthcoming from the Government of Mexico for Aeromexico's proposed Salt Lake City-San Jose del Cabo codeshare service. However, the Joint Applicants want to begin the Atlanta-Cozumel codeshare as soon as possible, and are therefore requesting separate and immediate approval for that portion of the application.

Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhlaw.com

Filed February 3, 2005 | Issued April 6, 2005

Notice of Action Taken | Word

Statement of authorization for Delta, for indefinite duration under CFR Part 212 to: Display Aeromexico's "AM" designator code on flights operated by Delta between: (1) the terminal point Atlanta, Georgia, and the terminal point Cozumel, Mexico; and (2) the terminal point Salt Lake City, Utah, and the terminal point San Jose del Cabo, Mexico.

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 Salt Lake City, Utah, and the terminal point San Jose del Cabo, Mexico. Aeromexico intends to provide this service by placing its code on flights operated by Delta.

Aeromexico already holds the underlying exemption authority to provide air transportation of persons, property, and mail in the Atlanta-Cozumel market (see Notice of Action Taken dated November 24, 2004, in Docket OST-1999-6366), and has been designated by the Government of Mexico to provide such services. Delta also holds the underlying exemption authority to provide air transportation of persons, property, and mail in the Atlanta-Cozumel market (see Notice of Action Taken dated October 6, 2004, in Docket OST-2004-19231).

In their March 18, 2005 supplement, the joint applicants requested that the Department grant Delta a Statement of Authorization to carry Aeromexico's code on Delta's flights on the Atlanta‑Cozumel route, and defer action on the Salt Lake City‑San Jose del Cabo portion of the application until the requisite Salt Lake City‑San Jose del Cabo designation documents for Aeromexico have been received.

By: Paul Gretch

April 15, 2005

Motion for Leave to File and Supplement of Atlantic Southeast Airlines to Joint Application for a Statement of Authorization

hereby files this supplement to the Joint Application dated February 3, 2005 in the above‑captioned docket, as it pertains to the display of the "AM" designator code of Aeromexico on the Salt Lake City‑San Jose del Cabo route.  Specifically, ASA hereby requests that the pending statement of authorization under 14 C .F .R. Part 212 be granted so as to allow both Delta and ASA to display the "AM" code on flights operated by each respective carrier on this route.

ASA's request for a statement of authorization is contingent upon its receipt of the requested exemption authority and designation now pending in Docket OST-05--20927, as well as Aeromexico's receipt of a codeshare designation for the Salt Lake City-Los Cabos route, which the Joint Applicants expect will be forthcoming shortly from the Government of Mexico.

ASA plans to provide seasonal daily nonstop service on the Salt Lake City­ San Jose del Cabo route commencing on or about June 1, 2005, using 70‑seat CRJ­ 700 aircraft. ASA is a wholly‑owned subsidiary of Delta, and ASA plans to operate this route as a "Delta Connection" carrier under the DL* code in lieu of Delta mainline service during the off‑peak summer months (June‑November). Delta plans to resume daily mainline service on a seasonal basis during the peak winter months (December‑May). The Joint Applicants reserve the right to make changes to their service pattern as dictated by market conditions.

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

Filed February 3, 2005 | Supplemented March 18, 2005, April 15, 2005 and June 1, 2005 | Issued July 11, 2005

Notice of Action Taken | Word

Statement of authorization for ASA for indefinite duration under C.F.R. Part 212 to: Display Aeromexico's "AM" designator code on flights operated by ASA between the terminal point Salt Lake City, Utah, and the terminal point San Jose del Cabo, Mexico.

Statement of authorization for Delta for indefinite duration under C.F.R. Part 212 to: Display Aeromexico's "AM" designator code on flights operated by Delta between the terminal point Salt Lake City, Utah, and the terminal point San Jose del Cabo, Mexico.

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 Salt Lake City, Utah, and the terminal point San Jose del Cabo, Mexico. Aeromexico intends to provide this service by placing its "AM" code on flights operated by ASA and Delta.

ASA already holds the underlying exemption authority to provide air transportation of persons, property, and mail in the Salt Lake City-San Jose del Cabo market (see Notice of Action Taken dated May 11, 2005, in Docket OST-2005-20927).

Delta already holds the underlying exemption authority to provide air transportation of persons, property, and mail in the Salt Lake City-San Jose del Cabo market (see Notice of Action Taken dated August 31, 2004, in Docket OST-2004-18878).

By: Paul Gretch

June 5, 2006

Application for Renewal of an Exemption

Aeromexico respectfully requests renewal of an exemption. By Notice of Action dated July 11, 2005, the Department granted Aeromexico an exemption to engage in scheduled foreign air transportation of persons, property and mail between San Jose del Cabo, Mexico and Salt Lake City, Utah by placing its "AM" designator code on flights operated by Delta and ASA. The exemption is scheduled to expire on July 11, 2006. Aeromexico currently offers five weekly nonstop round trips between San Jose del Cabo and Salt Lake City with B-737 aircraft; the service has been well-received. Thus, Aeromexico would like to continue that service in the future.

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

Filed June 5, 2006 | Issued August 29, 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 the terminal point Salt Lake City, Utah, and the terminal point San Jose del Cabo, Mexico. Aeromexico intends to provide this service by placing its "AM" code on flights operated by Delta Air Lines, Inc. and/or Atlantic Southeast Airlines, 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 San Jose del Cabo, Mexico, and Salt Lake City, Utah. The exemption authority was last renewed by Notice of Action Taken, dated August 29, 2006, and expires on August 29, 2007. Aeromexico Currently is offering weekly nonstop round trip service on this route by placing its "AM" designator code on flights operated by Delta or Delta Connection.

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 San Jose del Cabo, 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

September 11, 2008

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 San Jose del Cabo, Mexico, and Salt Lake City, Utah. The exemption authority was last renewed by Notice ofAction Taken, dated October 4, 2007, and expires on October 4, 2008. Although Aeromexico currently is not offering nonstop service on this route, it wants to retain the authority so it may institute such service when traffic conditions warrant.

Counsel: Mietus Law, William Evans, 410-827-5074

Filed September 11, 2008 | Issued September 30, 2008

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 San Jose del Cabo, 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