OST-2005-21353 - Delta and Aeromexico

Updated: Monday, July 30, 2007 10:48 AM

OST-2005-21353 - Delta and Aeromexico - San Diego-Mexico City

http://www.delta.com/

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

OST-2005-21353 - Exemption and Statement of Authorization - San Diego-Mexico City

May 27, 2005

Joint Application

On or about July 6, 2005, Delta plans to display its "DL" designator code on Aeromexico's new nonstop flights between San Diego and Mexico City. Aeromexico has separately applied for expedited approval of the necessary exemption authority to introduce this service in Docket OST-2005-21252

Counsel: DLA Piper Rudnick, William Evans, 202-861-6459 for Aeromexico / Delta and Hogan & Hartson, Robert Cohn, 202-637-4999

OST-1999-6275 - Delta Air Lines - Mexico Certificate Amendment
OST-2005-21353 - Exemption and Statement of Authorization - San Diego-Mexico City

June 6, 2005

Letter Clarifying Applications

This letter is to clarify Delta's pending applications in the abovereferenced dockets for certificate and exemption authority between San Diego and Mexico City. The San Diego‑Mexico City route is included in Delta's Route 562 certificate and is a route for which Delta sought renewal in its November 30, 2004 application in Docket OST‑1999‑6275. However, Delta has recently provided service on that route on a one‑stop basis pursuant to its codeshare arrangement with Aerovias de Mexico, S.A. de C.V. meaning that Delta's certificate authority is technically dormant.

Consequently, Delta applied for exemption authority in Docket OST2005‑21353 to place Delta's code on nonstop San Diego‑Mexico City flights. Delta requests that the San Diego‑Mexico City route be included on Delta's Route 562 certificate, as renewed and amended, in light of Delta's current plans to resume nonstop service on the route.

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

Filed May 27, 2005 | Issued July 5, 2005

Notice of Action Taken

Exemption for Delta for two years under 49 U. S .C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between the terminal point San Diego, California, and the terminal point Mexico City, Mexico, and to combine this exemption authority with all of Delta's existing certificate and exemption authority, consistent with applicable international agreements. Delta states that it will use the authority by placing its "DL" code on flights operated by Aeromexico in the market.

Statement of authorization for Aeromexico for indefinite duration under CFR Part 212 to: Display Delta's "DL" designator code on flights operated by Aeromexico between the terminal point San Diego, California, and the terminal point Mexico City, Mexico.

Aeromexico already holds the underlying exemption authority to provide air transportation of persons, property, and mail in the Mexico City-San Diego market (see Notice of Action Taken dated May 27, 2005, in Docket OST-2005-21252).

By: Paul Gretch

OST-2000-6816 - Exemption - Mexico City-Chicago
OST-2000-7390 - Exemption - Atlanta-San Jose del Cabo
OST-2000-8270 - Exemption - Guadalajara-Ontario
OST-2001-10457 - Exemption - Cincinnati-Cancun
OST-2003-15698 - Exemption - Las Vegas-Guadalajara
OST-2004-16975 - Exemption - Boston-Mexico City
OST-2005-21075 - Exemption - Salt Lake City-Puerto Vallarta
OST-2005-21353 - Exemption and Statement of Authorization - San Diego-Mexico City
OST-2005-21724 - Exemption - Salt Lake City-Mazatlan
OST-2005-22025 - Exemption - Atlanta-Puerto Vallarta
OST-2005-22243 - Exemption - New York/Newark-Cozumel
OST-2005-22415 - Exemption - Los Angeles-Cancun
OST-2005-22620 - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun

April 5, 2007

Application for Renewal of Exemptions

Delta Air Lines, Inc. 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 with its own aircraft or pursuant to codeshare arrangements with Aerovias de Mexico, S.A. de C.V. or Delta Connection carriers. 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 non-controversial U.S.-Mexico exemption authorities.

Delta does not seek renewal of route integration authority included with these exemptions because such authority is now covered by its blanket route integration certificate issued by Order 2006-1-1.

In certain instances, Delta holds two exemptions for a single U.S.-Mexico route: one for codesharing service and one for service with its own aircraft. Although it is Delta's understanding that a single "own aircraft" exemption would be sufficient to cover both types of service (just as a city-pair designation authorizes both own-aircraft service and codeshare service), Delta is seeking to renew potentially redundant exemption authority out of an abundance of caution.

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

Filed April 5, 2007 | Issued July 10, 2007

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.), whereby Delta places its code on flights operated by Aeromexico in the market.

OST-2000-7390: Scheduled foreign air transportation of persons, property, and mail between the terminal point Atlanta, Georgia, and the terminal point San Jose del Cabo, Mexico. Delta provides year-round 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-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 Aeromexico, whereby Delta places its code on flights operated by Aeromexico in the market.

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 year-round service on this route (or seasonal service, as dictated by market circumstances), pursuant to a code-share arrangement with Aerornexico, whereby Aeromexico places its code on flights operated by Delta 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 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 Mexico City, Mexico. Delta provides year-round service on this route pursuant to a code-share arrangement with Aeromexico, whereby Delta places its code on flights operated by Aeromexico in the market.

OST-2005-21075: Scheduled foreign air transportation of persons, property, and mail between the terminal point Salt Lake City, Utah, and the terminal point Puerto Vallarta, Mexico. Delta provides year-round service on this route with its own aircraft.

OST-2005-21353: Scheduled foreign air transportation of persons, property, and mail between the terminal point San Diego, California, and the terminal point Mexico City, Mexico. Delta has orally advised that it provides year-round service on this route pursuant to a code-share arrangement with Aeromexico, whereby Delta places its code on flights operated by Aeromexico in the market.

OST-2005-21724: Scheduled foreign air transportation of persons, property, and mail between the terminal point Salt Lake City, Utah, and the terminal point Mazatlan, Mexico. Delta provides year-round Delta Connection service on this route pursuant to a code-share arrangement with Skywest Airlines, Inc., whereby Delta places its code on flights operated by Skywest in the market.

OST-2005-22025: Scheduled foreign air transportation of persons, property, and mail between the terminal point Atlanta, Georgia, and the terminal point Puerto Vallarta, Mexico. Delta provides year-round service on this route with its own aircraft.

OST-2005-22243: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Atlanta, Georgia, and the terminal point Merida, Mexico; (2) the terminal point Cincinnati, Ohio, and the terminal point San Jose del Cabo, Mexico; (3) the terminal point New York, New York/Newark, New Jersey, and the terminal point Puerto Vallarta, Mexico; and (4) the terminal point New York, New York/Newark, New Jersey, and the terminal point San Jose del Cabo, Mexico. Delta provides year-round service on the
Cincinnati-San Jose del Cabo, New York/Newark-Puerto Vallarta, and New YorWNewark-San Jose del Cabo routes with its own aircraft. Delta provides seasonal Delta Connection service on the Atlanta-Merida route pursuant to a code-share arrangement with Atlantic Southeast Airlines, Inc., whereby Delta places its code on flights operated by ASA in the market.

OST-2005-22415: Scheduled foreign air transportation of persons, property, and mail between the terminal point Los Angeles, California, and the terminal point Cancun, Mexico. Delta provides year-round service on the route with its own aircraft.

OST-2005-22620: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Atlanta, Georgia, and the terminal point Acapulco, Mexico; (2) the terminal point Boston, Massachusetts, and the terminal point Cancun, Mexico; and (3) the terminal point Washington, D.C., and the terminal point Cancun, Mexico. Delta provides year-round service on each of these routes with its own aircraft.

By: Paul Gretch