UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on April 16, 2013

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

DOT-OST-2000-7708, DOT-OST-1997-3289, DOT-OST-1999-5615, and DOT-OST-2001-10369 ________________________________________________________________________________________________________________________________

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: New authority

Relief Requested: Exemption for Delta for two years pursuant to 49 USC §40109, authorizing Delta to engage in 

scheduled foreign air transportation of persons, property, and mail between Detroit, Michigan, and Monterrey, Mexico.1

Delta further requests a statement of authorization pursuant to 14 C.F.R. Part 212 to permit Delta to display Aeromexico’s 

“AM” designator code on flights operated by Delta between Detroit, Michigan, and Monterrey, Mexico.

Delta also requests a waiver of the 45-day advance filing requirement under 14 CFR Part 212.

2. Docket DOT-OST-2013-0063

Date Filed: March 27, 2013

Date of last action: New authority

Relief requested: Exemption for Compass for two years pursuant to 49 USC §40109, authorizing Compass 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.2

Compass further requests a statement of authorization pursuant to 14 C.F.R. Part 212 to permit Compass to display 

Aeromexico’s “AM” designator code on flights operated by Compass between (1) Atlanta, Georgia, and Monterrey, 

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

Compass also requests a waiver of the 45-day advance filing requirement under 14 CFR Part 212.

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

Dates filed: November 30, 2012; January 16, 2013; March 22, 2013; and March 27, 2013

Date of last actions: December 28, 2011; and January 27, 2012

Relief requested: Renewal of exemption for Aeromexico from 49 USC § 41301 to conduct scheduled foreign air 

transportation of persons, property, and mail (1) between points in Mexico and points within the United States beyond 

 1 Delta plans to offer daily, year-round service between Detroit, Michigan, and Monterrey, Mexico, beginning on or about June 10, 

2013.

2 The applicants state that Compass will provide Delta Connection services in the subject markets and will replace the services 

currently provided by ExpressJet Airlines, Inc. (ExpressJet). The applicants further state that ExpressJet will withdraw from the 

markets when this application is granted.
Aeromexico’s authorized U.S. gateway points for transborder service, for the purpose of blind-sector codesharing services 

operated between the U.S. gateway points and other points within the U.S. on services operated by either Aeromexico, 

Delta, or the Delta Connection carriers; and (2) between Detroit, Michigan, and Monterrey, Mexico by displaying its 

“AM” designator code on flights operated by ExpressJet.

3

Aeromexico further requests an amendment of that exemption to permit it 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.

4. Docket DOT-OST-1999-5615

Date filed: November 30, 2012

Date of last action: December 12, 2011

Relief requested: Renewal of exemption from 49 USC §41301 to permit the Aeromexico to conduct scheduled foreign air 

transportation of persons, property, and mail between Guadalajara, Mexico, and Atlanta, Georgia, by displaying its code 

on flights operated by Delta Air Lines, Inc. (Delta). Aeromexico requests that this exemption be renewed for a period of 

at least one year.

5. Docket DOT-OST-2001-10369

Date filed: November 30, 2012

Date of last action: December 6, 2011

Relief requested: Renewal of exemption from 49 USC §41301 to permit Aeromexico to conduct scheduled foreign air 

transportation of persons, property, and mail between Monterrey, Mexico, and Atlanta, Georgia by displaying its code on 

flights operated by Delta and/or Delta Connection carriers. Aeromexico requests that this exemption be renewed for a 

period of at least one year.

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

DISPOSITION

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

Action date: April 16, 2013

Effective dates of authority granted: The exemption authority granted to Delta is effective April 16, 2013, through April 

16, 2015. 

The exemption authority granted to Compass is effective April 16, 2013, through April 16, 2015.

The renewed exemption authority granted to Aeromexico is effective April 16, 2013, through April 16, 2014. 

 3 Aeromexico’s exemption authority previously authorized it to display its “AM” designator code on Detroit-Monterrey flights 

operated by Pinnacle Airlines, Inc. (Pinnacle). However, Pinnacle’s exemption authority to serve the Detroit-Monterrey market has 

expired, and it has advised us that it no longer serves the market (See Docket DOT-OST-2010-0129). Accordingly, we are not 

renewing Aeromexico’s exemption to the extent that it would place its designator code on flights operated by Pinnacle.
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 

U.S. carrier exemption conditions attached as Appendix A; our standard foreign air carrier exemption 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: We will approve the requests of Delta and Compass for exemption authority, and the 

November 30, 2012 and January 16, 2013 requests of Aeromexico for renewal of its currently held exemption authority. 

We note, however, that 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 Delta or Compass flights in the Detroit-Monterrey 

market, or by displaying its code on Compass flights in the Atlanta-Monterrey market. Therefore, we will defer action on 

the March 22, 2013 and March 27, 2013 requests of Delta and Compass for statements of authorization, and the related 

requests of Aeromexico for amended exemption authority.

The U.S.-Mexico exemption authority granted to Delta and Compass is subject to the dormancy notice requirements set 

forth in condition 7 of Appendix A of Order 88-10-2. Consistent with our standard policy, the dormancy notice period for 

Delta’s Detroit-Monterrey service will begin on June 10, 2013, Delta’s proposed start-up date for the subject services.

The code-share operations conducted under the exemption authority granted to Compass are subject to the following 

conditions:

(a) The code-sharing operations conducted under this authority must comply with 14 C.F.R. 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 computer reservations 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; and 

(b) The authority granted here is specifically conditioned so that neither Compass nor Delta shall give any force or 

effect to any contractual provisions between themselves that are contrary to these conditions. 

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

imposed above.

1/2008
Appendix B

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