UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on October 30, 2013

NOTICE OF ACTION TAKEN – DOCKETS DOT-OST-2013-0062, DOT-OST-2013-0063,

DOT-OST-1997-3289, and DOT-OST-2000-7708 ________________________________________________________________________________________________________________________________

This serves as notice to the public of the action described below, taken by the Department official indicated (no additional 

confirming order will be issued in this matter).

Applicants: AEROVIAS de MEXICO, S.A. de C.V. (Aeromexico); DELTA AIR LINES, INC. (Delta); and 

COMPASS AIRLINES, LLC (Compass)

1. Docket DOT-OST-2013-0062

Date Filed: March 22, 2013

Date of last action: April 16, 2013

Relief Requested: Statement of authorization pursuant to 14 C.F.R. Part 212 to permit Delta to display the “AM” 

designator code of Aerovias de Mexico, S.A. de C.V. (Aeromexico) on flights operated by Delta between Detroit,

Michigan, and Monterrey, Mexico.1

2. Docket DOT-OST-2013-0063

Date Filed: March 27, 2013

Date of last action: April 16, 2013

Relief requested: Statement of authorization pursuant to 14 C.F.R. Part 212 to permit Compass to display the “AM” 

designator code of Aeromexico on flights operated by Compass between (1) Atlanta, Georgia, and Monterrey, Mexico; 

and (2) Detroit, Michigan, and Monterrey, Mexico.2

3. Dockets DOT-OST-1997-3289 and DOT-OST-2000-7708

Dates filed: March 22, 2013; and March 27, 2013

Date of last action: April 16, 2013

Relief requested: Amendment of exemption for Aeromexico from 49 USC § 41301 to permit Aeromexico to conduct 

scheduled foreign air transportation of persons, property, and mail by displaying its “AM” designator code on flights 

operated by Delta and Compass between Detroit, Michigan, and Monterrey, Mexico. Aeromexico requests that this 

exemption be granted for a period of at least one year.3

Applicant representatives: John R. Mietus, Jr. (Aeromexico), 202-747-5212; 

Alexander Van der Bellen (Delta), 202-842-4184; and

Lisa A. Harig (Compass), 703-247-5487

DOT analyst: Brett D. Kruger, 202-366-8025

Responsive pleadings: None

 1 Our present action addresses the remaining portion of Delta’s pending March 22, 2013 application in the referenced Docket, on 

which the Department previously deferred action. See Remarks below. 2 Our present action addresses a portion of Compass’ pending March 27, 2013 application in the referenced Docket, on which the 

Department previously deferred action. See Remarks below. 3 Our present action addresses the remaining portion of Aeromexico’s pending March 22, 2013, and March 27, 2013 applications in 

the referenced Dockets, on which the Department previously deferred action. See Remarks below.
DISPOSITION

Action: Approved, in part (subject to conditions), remainder deferred (see Remarks below).

Action date: October 30, 2013

Effective dates of authority granted: The statements of authorization granted to Delta and Compass are effective 

October 30, 2013, and will remain in effect indefinitely, subject to conditions.

The amended exemption authority granted to Aeromexico is effective October 30, 2013, through October 30, 2014. 

Basis for approval (bilateral agreement/reciprocity): United States-Mexico Air Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard 

foreign air carrier exemption conditions attached as Appendix A; the code-share conditions attached as Appendix B; and, 

as to the authority granted to Aeromexico, to the otherwise-applicable terms, conditions, and limitations of Aeromexico’s 

foreign air carrier permit (Order 91-5-25).

Special conditions/Remarks: Our present action addresses the remaining portion of the March 22, 2013 application of 

Delta in Docket DOT-OST-2013-0062, on which the Department previously deferred action; and part of the remaining 

portion of the March 27, 2013 application of Compass in Docket DOT-OST-2013-0063, on which the Department 

previously deferred action. By Notice of Action Taken dated April 16, 2013, among other things, we granted the request 

of Delta for exemption authority under 49 USC §40109 to engage in scheduled foreign air transportation of persons, 

property, and mail between Detroit, Michigan, and Monterrey, Mexico; and the request of Compass for exemption 

authority under 49 USC §40109 to engage in scheduled foreign air transportation of persons, property, and mail between 

(1) Atlanta, Georgia, and Monterrey, Mexico; and (2) Detroit, Michigan, and Monterrey, Mexico. At that time, we noted 

that we had not yet received notification from the Government of Mexico that it had authorized Aeromexico to conduct 

code-share services by displaying its code on Delta flights in the Detroit-Monterrey market and on Compass flights in the 

Atlanta-Monterrey and Detroit-Monterrey markets. We, therefore, deferred action on Delta’s and Compass’ requests for 

statements of authorization and the related request of Aeromexico in Dockets DOT-OST-1997-3289 and DOT-OST-2000-

7708 for amended exemption authority. 

We have now received notification from the Government of Mexico that it has authorized Aeromexico to conduct codeshare services by displaying its code on Delta and Compass flights in the Detroit-Monterrey market. We have not yet 

received notification from the Government of Mexico that it has authorized Aeromexico to conduct code-share services 

by displaying its code on Compass flights in the Atlanta-Monterrey market. Therefore, we are now granting statements of 

authorization to permit Delta and Compass to display the “AM” code in the Detroit-Monterrey market, and the related 

request of Aeromexico for amended exemption authority. We will continue to defer action on the March 27, 2013 request 

of Compass for a statement of authorization to display the “AM” code in the Atlanta-Monterrey market.4

Action taken by: Paul L. Gretch, Director Office of International Aviation

____________________________________________________________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with 

Department policy; (2) the applicants were qualified to perform their proposed operations; (3) grant of the authority was consistent 

with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and 

Conservation Act of 1975. To the extent not granted or deferred, we denied all requests in the referenced Docket. We may amend, 

modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR 

§385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effective when taken, 

and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

 4 Aeromexico already holds exemption authority to engage in foreign air transportation of persons, property, and mail between 

Monterrey and Atlanta by displaying its code on flights operated by Delta and/or Delta Connection carriers. See Docket DOT-OST2001-10369.
Appendix A

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, 

and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security 

Administration, and with all applicable U.S. Government requirements concerning security, including, but not limited to, 

14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all applicable 

U.S. Government requirements concerning security, the holder shall, before commencing any new service (including 

charter flights) from a foreign airport that would be the holder’s last point of departure for the United States, contact its

International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise 

the IIR of its plans and to find out whether the Transportation Security Administration has determined that security is 

adequate to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the 

commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST 

Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS-260), Flight Standards 

Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to 

Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 

CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 

1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the 

United States that are: (a) based on its operations in international air transportation that, according to the contract of 

carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for 

which the contract of carriage was purchased in the United States; or (b) based on a claim under any international 

agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term 

"international air transportation" means "international transportation" as defined by the Warsaw Convention, except that 

all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its

homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter 

data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with 

the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be 

prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all 

applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed 

above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title 

49 of the U.S. Code.

12/2007
Appendix B

The Statements of Authorization granted is subject to the following conditions:

(a) The statements of authorization will remain in effect only as long as (i) Aeromexico, Compass, and Delta

continue to hold the necessary underlying authority to operate the code-share services at issue, and (ii) the codeshare agreement providing for the code-share operations remains in effect;

(b) Aeromexico, Compass, and/or Delta as appropriate, must notify the Department immediately if the code-share 

agreement under which these code-share services are operated is no longer in effect or if the carriers decide to cease 

operating all or a portion of the approved code-share services. Such notice should be filed in Docket DOT-OST2013-0062 or DOT-OST-2013-0063, as appropriate;

1

(c) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with any 

amendments to the Department’s regulations concerning code-share arrangements that may be adopted. 

Notwithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned upon 

the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service 

in the computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown 

on the ticket) accept responsibility for the entirety of the code-share journey for all obligations established in its 

contract of carriage with the passenger; and that the passenger liability of the operating carrier be unaffected;

(d) The authority granted here is specifically conditioned so that neither Aeromexico, Compass, nor Delta shall give 

any force or effect to any contractual provisions between themselves that are contrary to these conditions; 

(e) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

Persons entitled to petition the Department for review of this action under the Department’s regulations, 14 CFR 

§385.30, should file their petitions within seven days of the date of this action. This action is effective immediately, 

and the filing of a petition for review will not alter its effectiveness.

 1 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.