UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on July 30, 2013

NOTICE OF ACTION TAKEN – DOCKETS DOT-OST-2013-0127 and DOT-OST-2013-0115 ________________________________________________________________________________________________________________________________

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: AEROLITORAL, S.A. de C.V. d/b/a AEROMEXICO CONNECT (Aerolitoral); AEROVIAS de 

MEXICO, S.A. de C.V. (Aeromexico); and DELTA AIR LINES, INC. (Delta)

1. Docket DOT-OST-2013-0127

Date Filed: July 1, 2013

Date of last action: New authority

Relief Requested: Exemption for Aerolitoral pursuant to 49 USC §40109, to permit Aerolitoral to engage in scheduled 

foreign air transportation of persons, property, and mail between Leon/Guanajuato, Mexico, and Atlanta, Georgia. 

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

“AM” designator code of Aeromexico and the “DL” designator code of Delta on flights operated by Aerolitoral between 

Leon/Guanajuato, Mexico, and Atlanta, Georgia.

2. Docket DOT-OST-2013-0115

Dates Filed: May 30, 2013 and July 1, 2013 

Date of last action: June 19, 2013, in this Docket.

Relief requested: Amendment of exemption for Delta pursuant to 49 USC §40109, authorizing Delta to engage in 

scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Leon/Guanajuato, 

Mexico, by placing its code on flights operated by Aerolitoral.

1

Exemption for Aeromexico pursuant to 49 USC §40109, authorizing Aeromexico to engage in scheduled foreign air 

transportation of persons, property, and mail between Atlanta, Georgia, and Leon/Guanajuato, Mexico, pursuant to 

Aeromexico’s code-share arrangement with Delta, by placing its designator code on flights operated by ExpressJet d/b/a 

Delta Connection; or by placing its designator code on flights operated by Aerolitoral.2

Statement of authorization for ExpressJet under 14 CFR Part 212 to permit ExpressJet to display Aeromexico’s “AM” 

designator code on ExpressJet-operated flights between Atlanta, Georgia, and Leon/Guanajuato, Mexico.

Applicant representatives: John R. Mietus, Jr. (Aerolitoral and Aeromexico), 202-747-5212; and

Alexander Van der Bellen (Delta), 202-842-4184

DOT analyst: Brett D. Kruger, 202-366-8025

 1 Delta’s current exemption authority in Docket DOT-OST-2013-0115 permits Delta to engage in scheduled foreign air transportation 

of persons, property, and mail between Atlanta, Georgia, and Leon/Guanajuato, Mexico, by displaying its code on flights operated by 

ExpressJet Airlines, Inc. (ExpressJet). See Notice of Action Taken dated June 19, 2013. 2 Aeromexico 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, pursuant to Aeromexico’s 

code-share arrangement with Delta, by placing its designator code on flights operated by ExpressJet. Aeromexico amends its pending 

request to permit it to also place its designator code on flights operated by Aerolitoral.
Responsive pleadings: None

DISPOSITION

Action: Approved in part (exemption authority and statements of authorization for Aerolitoral in Docket DOT-OST2013-0127; amended exemption authority for Delta in Docket DOT-OST-2013-0115; and exemption authority for 

Aeromexico to the extent it seeks to place its code on Aerolitoral-operated flights in Docket DOT-OST-2013-0115), 

subject to conditions, remainder (exemption authority for Aeromexico to the extent it seeks to place its code on 

ExpressJet-operated flights and statement of authorization to ExpressJet in Docket DOT-OST-2013-0115) deferred. See 

Remarks below.

Action date: July 30, 2013

Effective dates of authority granted: The exemption authority granted to Aerolitoral in Docket DOT-OST-2013-0127 is 

effective July 30, 2013, through July 30, 2014. 

The statement of authorization permitting Aerolitoral to display the “AM” and “DL” codes is effective July 30, 2013, and 

will remain in effect for an indefinite duration, subject to conditions. 

The amended exemption authority permitting Delta to place its “DL” code on Aerolitoral-operated flights is effective July

30, 2013, through July 30, 2015.

The exemption authority permitting Aeromexico to place its “AM” code on Aerolitoral-operated flights is effective July 

30, 2013, through July 30, 2014.

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 

foreign air carrier exemption conditions attached as Appendix A; our standard U.S. carrier exemption conditions attached 

as Appendix B; the codeshare conditions attached as Appendix C; 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 Aerolitoral for exemption authority and a statement of 

authorization to display the “AM” code of Aeromexico and the “DL” code of Delta. We will also approve the request of 

Delta for amended exemption authority to place its “DL” code on flights operated by Aerolitoral; and the request of 

Aeromexico for exemption authority to place its “AM” code on flights operated by Aerolitoral. We note, however, as we 

stated in our June 19, 2013 Notice of Action Taken in Docket DOT-OST-2013-0115, 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 ExpressJet flights in the Atlanta-Leon/Guanajuato market. Therefore, we will continue to defer 

action on the request of Aeromexico for exemption authority to the extent that it seeks to place its “AM” code on 

ExpressJet-operated flights, and the corresponding request of ExpressJet for a statement of authorization to display the 

Aeromexico code.

The U.S.-Mexico exemption authority granted to Delta 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 

Atlanta-Leon/Guanajuato service will begin on August 5, 2013, the applicants’ proposed start-up date for the subject 

services.

The exemption authority granted to Delta is limited to services provided on a code-share basis only.

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 Dockets. 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

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
Appendix B

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 C

The Statement of Authorization granted is subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) Aerolitoral, Aeromexico, and Delta

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

(b) Aerolitoral, Aeromexico, and/or Delta as appropriate, must notify the Department immediately if the code-share 

agreement under which these code-share services are operated is no longer in effect 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-OST2013-0127;

1

(c) 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;

(d) The authority granted here is specifically conditioned so that neither Aerolitoral, Aeromexico, nor Delta shall 

give any force or effect to any contractual provisions between themselves that are contrary to these conditions; 

(e) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

Persons entitled to petition the Department for review of this action under the Department’s regulations, 14 CFR 

§385.30, should file their petitions within seven days of the date of this action. This action is effective immediately, 

and the filing of a petition for review will not alter its effectiveness.

 1 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.