UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on June 13 , 201 4

NOTICE OF ACTION TAKEN

-- DOCKET DOT

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_________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming o rder will be issued in this matter).

Application of D elta Air Lines , I nc . (Delta)

, filed 3/27/14

, as supplemented 5/30/14

, for:

XX Exemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between Salt Lake City, Utah

, and Mexico City , Mexico

. 1

XX Statement of authorization in order to engage in the following code

- share services:

Delta requests a 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 Delta

operated flights between Salt Lake City, Utah, and Mexico City, Mexic o. 2 3

Applicant rep resentative : Alexander Van der Bellen (202) 842

- 4184

DOT Analyst: Brett Kruger (202) 366

- 8025

D I S P O S I T I O N

XX Approved, exemption authority to Delta (subject to conditions, see below)

XX Approved, statement of authorization to Delta (subject to conditions, see below)

The above action granting exemption authority was effective when taken: June 13 , 2014

, through

June 13 , 2016

.

The above action granting a statement of authorization to Delta was effective: June 13 , 2014

, and will remain in effect indefinitely, subject to conditions.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

1 Delta proposes to commence service on the Salt Lake City

- Mexico City ro ute on or about December 20, 2014

. 2 As noted in its application, Delta previously held a statement of auth orization permitting it to display the “AM” code on Delta’s Salt Lake City

- Mexico City flights. See Notice of Action Taken dated October 30, 2008, in Docket

DOT

- OST

- 2008

- 0312. Under condition (a) of Appendix B of that Notic e , that authority expired when A eromexico and Delta’s respective underlying exemption authorities to operate the code

- share services expired. By letter dated May 30, 2014, Delta confirmed that it seeks a new statement of authorization permitting Delta to display the “AM”

code in the Sal t Lake City

- Mexico City market. Our present action approves that request.

3 Aeromexico holds exemption authority to, among other things, engage in scheduled foreign air transportation of persons, property, and mail in the Salt Lake City

- Mexico City market pursuan t to a code

- share arrangement with

Delta. See Notice of Action Taken dated May 12, 2014, in Docket DOT

- OST

- 2010

- 0300.XX The authority granted is consistent with the aviation agreement between the United States and

Mexico.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX The holder’s certificates of p ublic convenience and necessity

XX Standard exemption conditions (attached as Appendix A )

XX Code

- share conditions (attached as Appendix B )

Conditions : The U.S.

- Mexico exemption authority granted is subject to the dormancy notice requirements set forth in condition 7 of Appendix A of Order 88

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- 2. Consistent with our standard policy, the dormancy notice period will begin on December 20, 2014

, the dat e on which Delta proposes to commence the subject service

.

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant qualified to provide the exemption services authorized.

Under authority a ssigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a maj or regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted, 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: www.regulations.govAPPENDIX A

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insur ance coverage, and for certifying that coverage to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Conve ntion liability limits and defenses;

(6) 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, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) to or from a foreign airport, contact its Principa l Security Inspector (PSI) to advise the PSI 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; and

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department of Transportation, with all applicable orders and regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The auth ority granted shall be effective only during the period when the holder is in compliance with the conditions imposed above.

1/08

### APPENDIX B

The code

- share operations authorized here are subject to the following conditions:

(a) The statement of authorization granted to Delta will remain in effect only as long as (i) Delta and Aeromexico continue to hold the necessary underlying authority to operate the code

- share services at issue, and (ii) the code

- share agreement providing for the code

- share operations remains in effect.

( b ) Delta and/or Aeromexico must promptly notify the Department if the code

- share agreement providing

for the code

- share operations is no longer effective 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

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( 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

o f 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 obligati ons 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 co nditioned so that neither Delta nor Aeromexico shall give any force o r effect to any contractual provisions between themselves that are contrary to these conditions.

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

4 We expect this notification to be received within ten (10) days after such non

- effectiveness or of such decision.