UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on April 14 , 20 1 4



### NOTICE OF ACTION TAKEN

– DOCKET S DOT

- OST

- 2013

- 0115, DOT

- OST

- 199 7

- 3289, and

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

3/21/14 , for:

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

S cheduled foreign air transportation of persons, property, and mail between Atlanta, Geo rgia , and Leon/Guanajuato , Mexico. 1

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 , Mexic o , by placing its designator code on flights operated by Delta

. 2

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 t o display the “AM” designator code of Aeromexico on flights operated by Delta between 

### Atlanta, Georgia , and Leon/Guanajuato , Mexico

.

XX Waiver of the 45

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

Applicant r ep resentative s: Alexander Van de r Bellen (Delta) (202) 842

- 4184

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

- 5212

DOT Analyst: Brett D. Kruger (202) 366

- 8025

D I S P O S I T I O N

XX Approved

, exemption authority to Delta ( subject to conditions, s ee remarks below).

XX D eferred, amended exemption authority to Aeromexico (see remarks below).

XX Deferred

, statement of authorization to Delta ( see remarks below ).

1 Delta currently holds exemption authority to serve the Atlanta

- Leon/Guanajuato market on a code

- share only basis on Delta Connection flights operated by ExpressJet Airlines, Inc. ( ExpressJet )

. See Notice of Action Taken dated June 19

, 2013, in Docket DOT

- OST

- 2013

- 0115

. Delta states that it will comple ment ExpressJet’s services with Delta own

- aircraft

service in the market on August 19 , 2014.

2 Aeromexico current ly holds exemption authority to engage in schedule d 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 Aerom exico Connect (Aerolitoral). Aeromexico also has a pending request in Docket DOT

OST

- 2013

- 0115 for exemption authority to engage in scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Leon/Guanajuato, Mexico b y 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

- 0115.XX Deferred, waiver of 45

- day advance filing requirement under 14 CFR Part 212 (see remarks below)

The above action granting exemption authority to Delta w as effective when taken: April 14 , 2014

, through April 14, 2016

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the avia tion 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’s certificates of public convenience and necessity

XX Standard U .S. carrier e xemption c onditions (attached as Appendix A )

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 authorize d Aeromexico to

conduct code

- share services by displaying its code on Delta flights in the Atlanta

- Leon/Guanajuato market. Therefore, we will defer action on the request of Aeromexico for amended exemption authority, and the corresponding request of Delta for a statement of authorization to display the Aeromexico code (and the associated waiver request). 3

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. Con sistent with our standard policy, the dormancy notice period will begin on August 19 , 2014, Delta’s proposed start

- up date for the subject services.

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 Con servation 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 p etition 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, an d 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

3 Delta requested such a deferral in these circumstances

. See Application at 3, note 2.

### Appendix A

U.S. Carrier Ex emption 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 ov ersales 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 complian ce 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

p lans 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 inter est 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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