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Updated: Wednesday, September 12, 2007 9:55 PM


OST-2005-21284 - Delta Air Lines - Orlando-Cancun


OST-2003-14985 - Boston-Maine - Orlando-Cancun (Pending)
OST-2005-21165 - Spirit Airlines - Exemption - Orlando/Tampa-Cancun
OST-2005-21134 - AirTran Airways - Exemption - Atlanta/Tampa/Orlando-Cancun


Delta Air Lines, Inc.

OST-2005-21284 - Exemption - Orlando-Cancun

May 17, 2005

Application for an Exemption

Hereby requests an exemption to provide nonstop service between the Orlando International Airport (MCO) and Cancun, Mexico beginning on or about November 1, 2005. Delta's proposed new flight will operate on a daily, year- round basis, using Boeing 737-800 aircraft with 16 premium and 134 coach seats. Delta's proposed service will provide Orlando with its first nonstop service to Cancun.

Delta notes that Spirit and AirTran have also proposed Orlando‑Cancun service. Each of those carriers would start more than a month later than Delta, in December, rather than November, 2005. Furthermore, AirTran would offer only one weekly flight in contrast to Delta's daily service pattern. Because there are only two designations available for service on U.S. ‑Mexico routes, the Department must conduct a carrier selection proceeding to determine which applicants' proposals will create the greatest public interest benefits.

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



June 1, 2005

Answer of AirTran Airways

As Delta has noted in its May 17, 2005 answer to AirTran's May 2, 2005 application for the same authority,' the existence of three pending applications for this authority will require institution of a carrier selection proceeding because the U.S. Mexico bilateral, in its current form, only allows for the designation of two U.S. carriers on the route. Thus, the Department must first hold a proceeding before any final action on Delta's application, comparing the relative public benefits of the pending applications and service proposals, taking into account the public interest factors set forth in Section 40101, Title 49, United States Code.

AirTran filed an application for MCO-CUN exemption authority on May 2, 2005 in Docket OST-2005-21134. Spirit Airlines, Inc. also filed an application for MCO-CUN exemption authority on May 2, 2005 in Docket OST-2005-21165.

Counsel: Wiley Rein, Bert Rein, 202-719-7045, brein@wrf.com


June 1, 2005

Answer of Spirit Airlines

Delta attempts to assert that its own proposed start date of November 15 would somehow be superior to the start date of December 15 that Spirit initially proposed. Spirit is prepared to start this service as soon as mid-September, and in any event will begin the service no later than 90 days after the Department awards the authority at issue here. Spirit would urge that the Department quickly seek additional information from the carriers at issue concerning their service plans, and quickly make a route award based on these augmented filings. Spirit wishes to note here its strong desire to offer its new US-Cancun services for sale as soon as possible, and urges that any route award be made quickly.

Counsel: Garfinkle Wang, Anita Mosner, 703-294-5890



June 27, 2005

Support of Greater Orlando Aviation Authority

Our interest, as well of that of passengers in Central Florida and our local economy, is an expeditious decision by the Department which permits the selected carriers to commence service this Winter Season. Successful launch of these new Winter Season flights will require advanced marketing so time is of the essence in awarding these new opportunities.

By: C. William Jennings



OST-2005-21284 - Delta Air Lines - Exemption - Orlando-Cancun
OST-2005-21165 - Spirit Airlines - Exemption - Orlando-Cancun
OST-2005-21134 - AirTran Airways - Exemption - Atlanta/Orlando/Tampa-Cancun

September 26, 2005

Motion of Delta Air Lines for Immediate Action

Delta Air Lines, Inc. hereby moves for immediate action, and urges the Department to promptly grant the above-captioned applications of Delta, Spirit and AirTran for Orlando-Cancun authority.

In light of the recent the new liberalizing agreement reached with Mexico, there is no need for further carrier selection proceedings, since there are now sufficient designations available to authorize Delta, Spirit and AirTran to serve the Orlando-Cancun route. Under the new agreement, the Department will be able to designate three US carriers for service from any point in the United States to several specified points in Mexico, including Cancun.

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



OST-2005-21284 - Exemption - Orlando-Cancun
OST-2005-22243 - Exemption - Cincinnati-San Jose del Cabo / Atlanta-Merida / New York-Acapulco/Cozumel/Puerto Vallarta/San Jose del Cabo
OST-2005-22415 - Exemption - Los Angeles-Cancun
OST-2005-22551 - Exemption - New York-Cancun
OST-2005-22620 - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
OST-1999-6275 - Certificate of Public Convenience and Necessity for Route 562 - US-Mexico

October 17, 2005

Supplement to Applications for Exemption and Amended Certificate Authority

Pursuant to the Department's Notice served October 5, 2005, Delta Air Lines, Inc. hereby supplements its applications for U.S.-Mexico exemption authority pending in the above-captioned dockets by confirming the proposed start-up dates, types of service (seasonal or year-round), number of weekly flights, and types, capacity and availability of aircraft, as follows:

1. Atlanta, GA -Acapulco, Mexico (Docket OST-2005-22620). On or about March 11, 2006, Delta proposes to introduce two weekly frequencies (Saturdays/Sundays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a year-round basis. No other U.S. carriers currently provide Atlanta-Acapulco service and, provided that no other applications are submitted, the Department need not await the signing of the new U.S.-Mexico agreement in order to grant Delta's request for exemption authority with respect to this route.

2. Atlanta, GA - Ixtapa/Zihuatanejo, Mexico (Docket OST-2005-22620). On or about March 18, 2006, Delta proposes to introduce two weekly frequencies (Saturdays/Sundays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a year-round basis. No other U.S. carriers currently provide Atlanta-Ixtapa/Zihuatanejo service and, provided that no other applications are submitted, the Department need not await the signing of the new U.S.-Mexico agreement in order to grant Delta's request for exemption authority with respect to this route.

3. Boston, MA - Cancun, Mexico (Docket OST-2005-22620). On or about February 4, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a year-round basis.

4. Los Angeles, CA - Cancun, Mexico (Docket OST-2005-22415). On or about December 1, 2005, Delta proposes to introduce daily yearround service on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats.

5. Los Angeles, CA - Ixtapa/Zihuatanejo, Mexico (Docket OST-2005-22620). On or about March 18, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737800 aircraft with 16 premium and 134 coach seats, on a year-round basis.

6. Los Angeles, CA - Puerto Vallarta, Mexico (Docket OST-2005-22620). On or about February 4, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737800 aircraft with 16 premium and 134 coach seats, on a year-round basis.

7. Los Angeles, CA - San Jose del Cabo, Mexico (Docket OST-2005-22620). On or about February 4, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a yearround basis.

8. New York, NY/Newark, NJ- Cancun, Mexico (Docket OST-2005-22551). On or about December 17, 2005, Delta proposes to introduce daily year-round service on this route using Boeing 757-200 aircraft with 24 premium and 159 coach seats.

9. New York, NY/Newark, NJ - San Jose del Cabo, Mexico (Docket OST-2005-22243). On or about March 4, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a year-round basis.

10. Orlando, FL - Cancun, Mexico (Docket OST -2005-21284). As early as November 1, 2005, but no later than 90 days after the Department approves exemption authority to serve this route, Delta proposes to introduce daily year-round service on the Orlando-Cancun route using Boeing 737-800 aircraft with 16 premium and 134 coach seats.

11. Washington, D.C. - Cancun, Mexico (Docket OST-2005-22620). On or about February 4, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a year-round basis. Delta proposes to provide service via Washington Dulles International Airport.

Delta proposes to operate all of the foregoing services using its existing fleet resources. Delta has 71 Boeing 737-800 aircraft and 121 Boeing 757-200 aircraft in its fleet, in addition to a number of other aircraft types, and has additional aircraft on order.

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



OST-2005-21284 - Delta - Exemption - Orlando-Cancun
OST-2005-22415 - Delta - Exemption - Los Angeles-Cancun
OST-2005-22551 - Delta - Exemption - New York-Cancun
OST-2005-22620 - Delta - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
OST-2005-22737 - Comair - Exemption - Cincinnati-Cancun

November 22, 2005

Modified Start-Up Plans

In light of the severe damage Hurricane Wilma has inflicted on Cancun, Delta Air Lines, Inc. and its wholly owned subsidiary Comair, Inc. have modified their start-up plans with respect to the above-referenced routes, as described in Attachment A.

Delta anticipates that it will institute service on most of the subject routes by June 1, 2006, and requests that any dormancy condition run from that date. Delta is monitoring the situation in Cancun and hopes that it may be able to institute service sooner in some markets. Accordingly, Delta urges the Department to grant the requested economic authority for the identified routes as soon as possible.

Finally, Delta no longer has active service plans for Orlando-Cancun, and hereby withdraws that application.

Attachment A:

US Gateway Applicant Docket No. OST-2005- Original Start Date New Start Date
Los Angeles Delta 22415 December 15, 2005 June 1, 2006
New York Delta 22551 December 15, 2005 June 1, 2006
Boston Delta 22620 February 4, 2006 June 1, 2006
Washington Delta 22620 February 4, 2005 June 1, 2006
Cincinnati Comair 22737 December 15, 2005 June 1, 2006
Orlando Delta 21284 December 15, 2005 Application Withdrawn

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



Order 2007-9-10
OST-2006-24615 - America West - Exemption - Phoenix-Cancun Codesharing with US Airways
OST-2004-17002 - American - Exemption - US-Bangladesh/Zambia Codesharing with British Airways
OST-1996-1243 - Amerijet - Exemption - Houston-Cancun/Merida
OST-2006-24403 - Antonov - Emergency Exemption - Richmond-Portland
OST-1999-6671 - ATA Airlines - Certificate - Route 653 - Indianapolis-Cancun
OST-2005-23174 - ASA - Exemption - Los Angeles-Guadalajara
OST-2005-20262 - USA 3000 - Exemption - Chicago-Puerto Vallarta/Cancun
OST-2005-21284 - Delta - Exemption - Orlando-Cancun
OST-2005-22434 - Hawaiian Airlines - Certificate - US-Mexico
OST-2005-22435 - Hawaiian Airlines - Certificate - US-Mexico
OST-2005-21838 - Frontier Airlines - Exemption - Denver-Acapulco

Order Terminating Dockets

The Department has identified the following proceedings as moot, inactive, or pending the applicant’s request for withdrawal or dismissal. It is in the public interest for purposes of administrative management to terminate the proceedings and close the corresponding dockets, and we will do so under authority assigned by the Department in its Regulations, 14 CFR §385.3 and §385.13.

By: Paul Gretch


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