UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on May 29, 2015

NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2015-0107; DOT-OST-1997-

3289; 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).

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

filed 5/19/15 for:

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

Scheduled foreign air transportation of persons, property, and mail between Seattle, Washington,

and Cancun, Mexico.

1

 

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

Scheduled foreign air transportation of persons, property, and mail between Seattle, Washington, 

and Cancun, Mexico, on a code-share basis on flights operated by Delta. 

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 flights operated by Delta between Seattle, 

Washington, and Cancun, Mexico. 

XX Waiver of the 45-day advance filing requirement under 14 C.F.R. Part 212.

Applicant reps: Alexander Van der Bellen and Christopher Walker 202-842-4184 (Delta); John R. 

Mietus, Jr. 202-747-5212 (Aeromexico)

DOT Analyst: Darren Jaffe 202-366-2512

D I S P O S I T I O N

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

XX Deferred, exemption authority to Aeromexico (see remarks below)

XX Deferred, statement of authorization to Delta (see remarks below)

XX Deferred, waiver of 45-day advance filing requirement under 14 C.F.R. Part 212 (see remarks 

below)

 1 Delta proposes to begin once weekly seasonal service on the subject route, displaying the “AM*” designator code 

of Aeromexico, on December 19, 2015.
2

The above action granting exemption authority to Delta was effective when taken: May 29, 2015, through 

May 29, 2017.

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 Holder’s certificates of public convenience and necessity

XX Standard Exemption Conditions (attached)

____________________________________________________________________________________

Remarks/Conditions: We will approve the request of Delta for 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 flights in the subject markets. 

Therefore, we will defer action on the request of Aeromexico for exemption authority and the 

corresponding request of Delta for a statement of authorization to display the Aeromexico code (and the 

associated waiver request).2

The U.S.-Mexico exemption authority granted is subject to the dormancy notice requirements set forth in 

condition 7 of Appendix A of Order 88-10-2, and the notice requirements for seasonal/intermittent 

services as set forth in Order 96-11-24, at 5. Consistent with our standard policy, the dormancy notice 

period will begin on December 19, 2015, Delta’s proposed start-up date for the subject services. 

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 application 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 or deferred, we denied all requests in the 

referenced application. 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

 2 Delta requested such a deferral in these circumstances. See Application at 3, note 1.
ATTACHMENT

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.

 

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