UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on July 25 , 20 14


### NOTICE OF ACTION TAKEN

– DOCKET S DOT

- OST

- 1997

- 3289, DOT

- OST

- 2000

- 7708,

DOT

- OST

- 2013

- 0114, DOT

- OST

- 2013

- 0115, DOT

- OST

- 2014

- 0015, DOT

- OST

- 2014

- 0045 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).

Joint Application s of Aerovias de Mexico, S.A. de C.V. (Aeromexico) ; and Delta Air Lines, Inc. (Delta) : 1

Dockets DOT

- OST

- 1997

- 3289, DOT

- OST

- 2000

- 7708, and DOT

- OST

- 2013

- 0114 2

Date filed: March 21, 2014

XX Stat ement of authorization to Delta 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 Aeromexico on flights operated by Delta between 

### Los Angeles, California , and Le on/Guanajuato , Mexico

.

XX Waiver of the 45

- day advance filing requirement under 14 C.F.R. Part 212.

Dockets DOT

- OST

- 1997

- 3289, DOT

- OST

- 2000

- 7708, and DOT

- OST

- 2013

- 0115 3

Date filed: March 21, 2014

XX Amendment of exemption for Aeromexico under 49 U.S .C. 40109 to provide the following service:

S cheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia , and Leon/Guanajuato , Mexico , by placing its designator code on flights operated by Delta

. 4

1 Our present action addresses a portion of the Joint Applicants’ pending request s in th e referenced Docket s , on which the Department previously deferred action. At the time of o ur previous actions

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

- share services in the five U.S.

- Mexico city

- pair markets listed here . We have now received the necessary notification from the Government of Mexico regarding these five markets ; therefore, we are granting th ose remain ing portions of the carriers’ request s

. 2 By Notice of Action Taken, dated April 11, 2014, we granted exemption authority to Delta for Los Angeles

Leon/Gua najuato services. At that time, we deferred action on Delta’s request for a statement of authorization to display the “AM” designator code. See footnote 1, above

. 3 By Notice of Action Taken, dated April 14, 2014, we granted exemption authority to Delt a for Atlanta

- Leon/Guanajuato services. At that time, we deferred action on (1) Aeromexico ’s request for amended exemption authority to conduct Atlanta

- Leon/Guanajuato services by placing its designator code on flights operated by Delta, and (2) Delta’s

c orresponding request for a statement of authorization. See footnote 1, above. 4 Aeromexico currently holds exemption authority to engage in scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Leon/Guanajuato, Mexico, by placing its designator code on flights operated by Aerolitoral, S.A. de C.V. d/b/a Aeromexico Connect (Aerolitoral). Aeromexico also has a pending request in Docket DOT

OST

- 2013

- 0115 for exemption authority to engage in scheduled foreign air tr ansportation of persons, property, and mail between Atlanta, Georgia, and Leon/Guanajuato, Mexico by placing its designator code on flights operated by ExpressJet. See Notices of Action Taken dated July 30, 2013 and June 19, 2013, in Docket DOT

- OST

- 2013

- 0 115.XX Stat ement of autho rization to Delta 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 Aeromexico on flights operated by Delta between 

### At lanta, Georgia , and Leon/Guanajuato , Mexico

.

XX Waiver of the 45

- day advance filing requirement under 14 C.F.R. Part 212.

Dockets DOT

- OST

- 1997

- 3289, DOT

- OST

- 2000

- 7708, and DOT

- OST

- 2014

- 0015 5

Date filed: February 4, 2014, as amended February 6, 2014

X X Exemption for Aeromexico under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail on a code

- share basis on flights operated by Delta between Seattle, Washington, and San Jose del Cabo, Mexico.

XX Statement of authorization to Delta 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 Aeromexico on fligh ts operated by Delta between Seattle, Washington, and San Jose del Cabo, Mexico.

XX Waiver of the 45

- day advance filing requirement under 14 C.F.R. Part 212.

Dockets DOT

- OST

- 1997

- 3289, DOT

- OST

- 2000

- 7708, and DOT

- OST

- 2014

- 0045 6

Date filed: March 31, 20 14

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

S cheduled foreign air transportation of persons, property, and mail between (1) San Diego, California, and San Jose del Cabo, Mexico; and (2) Los Angeles, California, and Mazatlan, Mexico, by placing its designator code on flights operated by Delta

.

XX Stat ement of authorization to Delta in order to engage in the following code

- share services:

Delta requests a statement of authorization pursuant to 14 C.F.R. Part 21 2 to permit Delta to display the “AM” designator code of Aeromexico on flights operated by Delta between (1) San Diego, California, and San Jose del Cabo, Mexico; and ( 2 ) Los Angeles, California, and Mazatlan, Mexico

.

XX Waiver of the 45

- day advance fili ng requirement under 14 C.F.R. Part 212.

Applicant reps: Alexander Van der Bellen (Delta) (202) 842

- 4184 and John R. Mietus (Aeromexico) ( 202 ) 747

- 5212

5 By Notice of Action Taken, dated March 5 , 2014, we granted exemption authority to Delta for Seattle

- San Jose del Cabo services. At that time, we deferred action on (1) Aeromexico’s request for exemption authority to conduct Seattle

- San Jose del Ca bo services by placing its designator code on flights operated by Delta, and (2) Delta’s corresponding request for a statement of authorization. See footnote 1, above
6 By Notice of Action Taken, dated April 15 , 2014, we granted exemption authority to Del ta for New York

- San Jose del Cabo , San Diego

- San Jose del Cabo, and Los Angeles

- Mazatlan services. At that time, we deferred action on (1) Aeromexico’s request for exemption authority to conduct San Diego

- San Jose del Cabo and Los Angeles

- Mazatlan service s by placing its designator code on flights operated by Delta, and (2) Delta’s corresponding request for a statement of authorization to display the “AM” code in the San Diego

- San Jose del Cabo and Los Angeles

- Mazatlan markets

. See footnote 1, above

.DOT Analyst: Brett D. Kruger (202) 366

- 8025

D I S P O S I T I O N

XX Approved , statement of aut horization to Delta (to display the “AM” code on Los Angeles

Leon/Guanajuato flights) subject to conditions

.

XX Approved, amended exemption authority to Aeromexico (to conduct code

- share services in the Atlanta

- Leon/Guanajuato market) subject to conditi ons.

XX Approved, statement of authorization to Delta (to display the “AM” code on Atlanta

Leon/Guanajuato flights) subject to conditions.

XX Approved, exemption authority to Aeromexico (to conduct code

- share services in the Seattle

- San Jose del Cabo market) subject to conditions.

XX Approved, statement of authorization to Delta (to display the “AM” code on Seattle

- San Jose del Cabo flights) subject to conditions.

XX Approved, exemption authority to Aeromexico (to conduct code

- share services in t he San Diego

- San Jose del Cabo and Los Angeles

- Mazatlan markets) subject to conditions.

XX Approved, statement of authorization to Delta (to display the “AM” code on San Diego

- San Jose del Cabo and Los Angeles

- Mazatlan flights) subject to conditions.

X X Dismissed, as moot, waivers of 45

- day advance filing requirement under 14 C.F.R. Part 212. 7

The above action s granting exemption authority (and amended exemption authority) to Aeromexico w ere effective when taken: July 25 , 20 1 4 , through July 25 , 201 5

.

T he above action s granting statement s of authorization to Delta are effective: July 25 , 2014 , and will remain in effect indefinitely, subject to conditions.
Action taken by: Paul L. Gretch, Director Office of International Aviation

XX The auth ority 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 Holder ’ s certificates of public convenience and necessity XX Aeromexico’s foreign air carrier permit (Order 91

- 5

- 25) XX Standard foreign carrier e xemption c onditions (attached as Appendix A ) XX Conditions for statements of authorization (attached as Appendix B)

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) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a m ajor regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted or dismissed , we denied all requests in the referenced applications

. We may amend, modify, or revoke the authority granted in this Notice at any time w ithout hearing at our discretion.

7 In light of the time that has passed since the applications were filed, the requests for waivers of the 45

- day advance filing requirement under 14 C.F.R. Part 212 are now moot.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 o f 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

### 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 sha ll, 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 Internationa l 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 th e 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 respec t 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 Unite d 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 t ribunal 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 purpos e 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, non scheduled, 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 su ch 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 code

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

(a) The statement s of authorization granted to Delta will remain in effect only as long as (i) Delta and Aeromexico continue to hold the necess ary 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 , as appropriate, 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 the appropriate d ocket (s)

. 8

( c ) The code

- sh aring 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 tran sportation ( 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 Delta nor Aeromexico shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions.
We may amend, modify, or r evoke the authority granted at any time without hearing at our discretion.

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

- effectiveness or of such decision.