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Updated: Wednesday, March 26, 2008 4:10 PM


OST-2006-25065 - Delta - Los Angeles-Acapulco

http://www.delta.com/


OST-2001-9518 - Aeromexico Exemption Authority for Acapulco-Los Angeles
OST-2001-10174 - Delta and Aeromexico Authority for Los Angeles-Acapulco


Delta Air Lines, Inc.

OST-2006-25065 - Exemption - Los Angeles-Acapulco

June 12, 2006

Application for an Exemption

Delta has announced a major expansion of its services between Los Angeles and Mexico that will dramatically improve the quality and convenience of air transportation for U.S.-Mexico travelers on the West Coast. (OST-2006‑24984) As part of this initiative, Delta hereby applies for an exemption authorizing Delta to provide scheduled foreign air transportation of persons, property and mail between Los Angeles, California and Acapulco, Mexico. Delta requests that such authority remain in effect for a period of at least two years, or until 90 days after final Department action on an application of Delta for Los Angeles-Acapulco certificate authority, whichever occurs earlier.

Delta plans to commence year-round service on the Los Angeles-Acapulco route on or about December 2, 2006. Delta's service will initially operate on Saturdays only, using Boeing 737-800 aircraft with 16 premium and 134 coach seats. In order to allow Delta to engage in essential advance marketing efforts, Delta requests that its exemption authority be issued as soon as possible. Delta will conduct a poll of the U.S. carrier representatives listed on the attached service list and will promptly advise the Department of the results of that poll.

The Los Angeles-Acapulco service will also complement, and build upon the success of, Delta's new and proposed nonstop services between Los Angeles and multiple points in Mexico -- including Cancun, Culiacan, Hermosillo, Ixtapa/Zihuatanejo, La Paz, Loreto, Los Mochis, Manzanillo, Mazatlan, Torreon, and Zacatecas. See Dockets OST-2005-22415, OST-2005-22620 and OST-2006-24984.

Approval of the requested exemption is consistent with the U.S.-Mexico Air Transport Services Agreement, as amended. Three carriers of each country may be designated to provide nonstop service between any given U.S. gateway and Acapulco. There is currently only one U.S. carrier providing nonstop Los Angeles-Acapulco service, meaning two designation opportunities are available.

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



June 13, 2006

Re: Polling Results

We have polled the U.S. carrier representatives served with the above-referenced application, and no carrier has objected to Delta's request for exemption authority. Delta urges that the exemption be granted as soon as possible.

Counsel: Hogan & Hartson, Jonathan Echmalian, 202-637-5439, jechmalian@hhlaw.com



Filed June 12, 2006 | Issued June 15, 2006

Notice of Action Taken

Scheduled foreign air transportation of persons, property, and mail between Los Angeles, California, and Acapulco, Mexico. Delta plans to commence year-round service on the route, beginning December 2, 2006.

By: Paul Gretch



April 24, 2007

Request for US-Mexico Route Designation and Change to Seasonal Service

Delta Air Lines, Inc. and ExpressJet Airlines, Inc. hereby request that (1) the Department designate ExpressJet to operate scheduled combination service on the Los Angeles-Acapulco route, and (2) for purposes of Delta's existing designation with respect to this route, the Department consider the service to be seasonal, rather than year-round. ExpressJet plans to commence seasonal "Delta Connection" service on the Los Angeles-Acapulco route on or about June 1, 2007. Accordingly, the carriers request that ExpressJet be designated as soon as possible.

Delta currently provides Los Angeles-Acapulco service with its own aircraft, pursuant to an exemption granted by Notice of Action Taken dated June 15, 2006 (Docket OST-2006-25065). Delta intends to continue to operate mainline service during peak periods, and offer Delta Connection service during off-peak periods by displaying its designator code on flights operated by ExpressJet. Thus, both Delta and ExpressJet plan to operate service on the Los Angeles-Acapulco route on a seasonal basis. Sufficient designations are available for both Delta and ExpressJet to operate service on this route.

ExpressJet's Delta Connection service will be operated using Embraer 50-seat regional jets.

However, Delta will continue to require exemption authority in Docket OST-2006-25065 in order to operate its seasonal mainline service with large aircraft.

Counsel: Silverberg Goldman, Robert Silverberg for ExpressJet / Hogan & Hartson, Robert Cohn for Delta



May 2, 2007

Re: Polling Results

Delta Air Lines, Inc. and ExpressJet Airlines, Inc. have polled the U.S. carrier representatives on the service list regarding the above-referenced designation and change-to-seasonal-service requests, and none has objected to either request.

Counsel: Silverberg Goldman, Robert Silverberg for ExpressJet / Hogan & Hartson, Robert Cohn for Delta



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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