UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on April 19, 2012

NOTICE OF ACTION TAKEN – DOCKETS DOT-OST-2000-7708, DOT-OST-1997-3289,

DOT-OST-2001-10833, and DOT-OST-2008-0305

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 of Delta Air Lines, Inc. (Delta), ExpressJet Airlines, Inc. (ExpressJet), Comair, Inc. 

(Comair), Pinnacle Airlines, Inc. (Pinnacle), SkyWest Airlines, Inc. (SkyWest), Aerovias de Mexico, S.A. 

de C.V. (Aeromexico), and Aerolitoral, S.A. de C.V. d/b/a Aeromexico Connect (Aerolitoral), filed April

12, 2012, for:

XX Renewal and amendment of exemption for Delta under 49 U.S.C. 40109 to provide the following service:

Delta requests renewal of its exemption to engage in scheduled foreign air transportation of 

persons, property, and mail between points in the United States and points within Mexico beyond

Delta’s authorized Mexican gateway points for transborder services, for the purpose of blind-sector 

code sharing services operated between the Mexican gateway points and other points within Mexico 

on services operated by Aeromexico or Aerolitoral. 

Delta also requests amendment of that authority to engage in scheduled foreign air transportation 

of persons, property, and mail between points in the United States and points worldwide 

beyond/behind Delta’s authorized Mexican gateway points for transborder services, for the 

purpose of blind-sector code sharing services operated between the Mexican gateway points and 

points worldwide on services operated by Aeromexico or Aerolitoral.

XX Amended statements of authorization for Delta, Comair, ExpressJet, Pinnacle, and SkyWest under 14 CFR 

Part 212 to engage in the following code-share service:

Delta, Comair, ExpressJet, Pinnacle, and SkyWest request amended statements of authorization to 

permit them to display Aeromexico’s “AM” designator code on Delta/Delta Connection flights 

between any point or points in the United States and any point or points in third countries on a 

blind-sector basis for the carriage of Aeromexico’s traffic between Mexico and third countries.

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 1 Delta, ExpressJet, and Comair currently hold statements of authorization permitting them to display the “AM” code on 

Delta/Delta Connection flights between any point or points in the United States and any point or points in Canada (blindsector) (see Department approval dated April 9, 2002, in Dockets DOT-OST-2000-7708 and DOT-OST-1997-3289). 

Pinnacle currently holds a statement of authorization permitting it to display the “AM” code on Delta Connection flights on 

a blind-sector basis between Aeromexico’s U.S. gateway points and other points in the U.S. served by Pinnacle, and on a 

blind-sector basis between Aeromexico’s U.S. gateway points and points in Canada served by Pinnacle (see Notice of 

Action Taken dated February 25, 2011, in Dockets DOT-OST-2000-7708 and DOT-OST-1997-3289). SkyWest currently 

holds a statement of authorization permitting it to display the “AM” code on Delta Connection flights between 

Aeromexico’s U.S. gateway points and other points within the United States (see Notice of Action Taken dated December 

19, 2008, in Docket DOT-OST-2008-0305). The applicants request amendment of their respective authorities to permit 

them to display Aeromexico’s “AM” code on flights to and from points in any country beyond/behind the United States.
XX Special authorization for Aeromexico under 14 CFR Part 216:

Aeromexico requests a special authorization under 14 CFR Part 216 to permit Aeromexico to commingle 

traffic between Mexico and third countries (that is, traffic not in foreign air transportation) on the same 

services that carry traffic that is in foreign air transportation between Mexico and the United States and 

between the United States and third countries, in conjunction with third-country code-sharing services 

with Delta/Delta Connection. Aeromexico requests this special authorization be granted for an indefinite 

period.

XX Amended statement of authorization for Aeromexico under 14 CFR Part 212 to engage in the following 

code-share service:

Aeromexico requests an amended statement of authorization to permit Aeromexico to display 

Delta’s “DL” designator code on Aeromexico flights between any point or points in Mexico and any 

point or points in third countries on a blind-sector basis for the carriage of Delta’s traffic between 

the United States and third countries.

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XX Amended statement of authorization for Aerolitoral under 14 CFR Part 212 to engage in the following 

code-share service:

Aerolitoral requests an amended statement of authorization to permit Aerolitoral to display Delta’s 

“DL” designator code on Aerolitoral flights between any point or points in Mexico and any point or 

points in third countries on a blind-sector basis for the carriage of Delta’s traffic between the 

United States and third countries.

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Applicant reps: Alexander Van der Bellen (Delta and Comair) (202) 842-4184, 

Gerald F. Murphy (ExpressJet and SkyWest) (202) 624-2500, 

Brian T. Hunt (Pinnacle) (901) 346-6145, and

John R. Mietus, Jr. (Aeromexico and Aerolitoral) (202) 747-5212

DOT Analyst: Brett D. Kruger (202) 366-8025

D I S P O S I T I O N

XX Approved, renewal and amendment of exemption authority to Delta (subject to conditions, see 

below).

XX Approved, amended statements of authorization for Delta, Comair, ExpressJet, Pinnacle, and 

SkyWest (subject to conditions, see below).

XX Approved in part, special authorization under 14 CFR Part 216 for Aeromexico (subject to 

conditions), remainder (request for longer-term authority) dismissed.

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XX Approved, amended statement of authorization for Aeromexico (subject to conditions, see below).

XX Approved, amended statement of authorization for Aerolitoral (subject to conditions, see below).

 2 Aeromexico currently holds a statement of authorization permitting it to display the “DL” code on all flights operated by 

Aeromexico within Mexico beyond Delta’s authorized Mexican gateways for the carriage of Delta’s authorized U.S.-

Mexico traffic (see Order 99-6-6). Aeromexico requests amendment of that authority to permit it to display Delta’s “DL” 

code on flights to and from points in any country beyond/behind Mexico. 3 Aerolitoral currently holds a statement of authorization permitting it to display the “DL” code on flights operated by 

Aerolitoral between Delta’s authorized Mexican gateway points and other points within Mexico on a blanket basis, for the 

carriage of Delta’s authorized U.S.-Mexico traffic (see Department approval dated October 30, 2001, as amended March 

19, 2009, in Docket DOT-OST-2001-10833). 4 Consistent with our standard policy, we grant the special authorization to Aeromexico for a one-year period, and dismiss 

the request for longer-term authority.
The above action granting renewed and amended exemption authority to Delta was effective when taken: April 19, 

2012, through April 19, 2014.

The above action granting amended statements of authorization to Delta, Comair, ExpressJet, Pinnacle, and 

SkyWest was effective: April 19, 2012, and will remain in effect indefinitely, subject to conditions.

The above action granting a special authorization under 14 CFR Part 216 to Aeromexico was effective: April 19, 

2012, through April 19, 2013.

The above action granting an amended statement of authorization to Aeromexico was effective: April 19, 2012, 

and will remain in effect indefinitely, subject to conditions.

The above action granting an amended statement of authorization to Aerolitoral was effective: April 19, 2012, 

and will remain in effect indefinitely, subject to conditions.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

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 Delta and Delta Connection carriers’ certificates of public convenience and necessity

XX Standard exemption conditions (attached as Appendix A)

XX Conditions for statements of authorization (attached as Appendix B)

Conditions: Delta’s exemption authority to hold out blind-sector service between its Mexican gateway points 

and other points within Mexico and beyond/behind Mexico is limited to operations conducted on a code-share 

basis only.

With regard to Aeromexico’s request for authorization to carry blind sector traffic, our action will authorize the 

blind sector service proposed between Aeromexico’s authorized U.S. gateways and beyond to points in third 

countries for the carriage of Aeromexico’s authorized Mexico-U.S. traffic in combination with Mexico-third 

country traffic (no local traffic rights between the United States and third countries).

Remarks: We note that Delta has conducted safety audits of Aeromexico and Aerolitoral under the 

Department’s Code-Share Safety Audit Program, and the FAA has advised us that it has reviewed the relevant 

audit reports and found them to be acceptable. 

We acted on this application without awaiting expiration of the 15-day answer period with the consent of all 

parties served with the application.

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found Delta

qualified to provide the exemption services authorized. 

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 major 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:

http://www.regulations.gov
Appendix 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 insurance 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 Convention 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 Principal 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;

(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 authority granted shall be effective only during the period when the holder is in compliance with 

the conditions imposed above.

 

1/2008
Appendix B

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

(a) The statements of authorization will remain in effect only as long as (i) Delta, ExpressJet, Comair, Pinnacle, 

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

effect.

(b) Delta, ExpressJet, Comair, Pinnacle, SkyWest, Aeromexico, and/or Aerolitoral must notify the Department 

no later than 30 days before they begin any new code-share service under the code-share services authorized 

here. Such notice shall identify the market(s) to be served, which carrier will be operating the aircraft in the 

code-share market added, and the date on which the service will begin. Such notice should be filed in Dockets

DOT-OST-2000-7708, DOT-OST-1997-3289, DOT-OST-2001-10833, and DOT-OST-2008-0305.

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(c) Delta, ExpressJet, Comair, Pinnacle, SkyWest, Aeromexico, and/or Aerolitoral 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 Dockets DOT-OST-2000-7708, DOT-OST-1997-3289, DOT-OST-2001-10833, and DOT-OST-2008-

0305.

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(d) 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; that the passenger liability of the operating carrier be 

unaffected; and that the operating carrier shall not permit the code of its U.S. code-sharing partner to be carried 

on any flight that enters, departs, or transits the airspace of any area for whose airspace the Federal Aviation 

Administration has issued a flight prohibition.

(e) The authority to operate to third countries is subject to the condition that any service provided under the 

statement of authorization shall be consistent with all applicable agreements between the United States and the 

foreign countries involved. Furthermore, (i) nothing in the award of this blanket statement of authorization 

should be construed as conferring upon Delta/Delta Connection rights (including code-share, fifth freedom 

intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless Delta/Delta 

Connection notifies the Department of its intent to serve such a market and unless and until the Department has 

completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to 

exercise such rights; and (ii) should there be a request by any carrier to use the limited-entry route rights that are 

included in the authority of Delta/Delta Connection by virtue of the blanket statement of authorization granted 

here, but that are not then being used by Delta/Delta Connection, the holding of such authority will not be 

considered as providing any preference for Delta/Delta Connection in a competitive carrier selection proceeding 

to determine which carrier(s) should be entitled to use the authority at issue.7

(f) The authority granted here is specifically conditioned so that neither Delta, ExpressJet, Comair, Pinnacle, 

SkyWest, Aeromexico, nor Aerolitoral shall give any force or 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.

 5 See Appendix C for a list of third country code-share points already authorized by the Department. The applicants state 

that they will rely on the established practice whereby any notice given for one Delta/Delta Connection carrier is deemed 

notice given for all Delta carriers, a notice given for Aeromexico or Aerolitoral is deemed notice for both Mexican 

operating carriers, and any notice for a beyond-gateway point is deemed notice given for that point via all authorized 

gateways.

6 We expect this notification to be received within ten (10) days after such non-effectiveness or of such decision 7 The notice in paragraph (b) above can be used for this notification. 
Appendix C

Already Approved Behind/Beyond Third Country Code-Share Points

Delta Code on Aeromexico

Lima, Peru

Aeromexico Code on Delta

Barcelona, Spain

Frankfurt, Germany

London, United Kingdom

Madrid, Spain

Milan, Italy

Nice, France

Paris, France

Rome, Italy

Tokyo, Japan

Nagoya, Japan

Aeromexico Code on Delta/ExpressJet/Comair/Pinnacle

Points in Canada (previous notices have been given for Toronto, Montreal, and Ottawa)

Note: All code sharing listed above is conducted on a blind-sector basis.