UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on June 4 , 20 1 5



### NOTICE OF ACTION TAKEN

– DOCKET S DOT

- OST

- 2013

- 0115, DOT

- OST

- 1997

- 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); a nd Aerovias de Mexico, S.A. de C.V. (Aeromexico) , filed

4/23/15 , for:

XX Amended e xemption 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 Atlant a, Georgia , and Leon/Guanajuato , Mexico. 1

XX Stat ement of authorization for 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” des ignator code of Aeromexico on flights operated by Delta between 

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

. 2

XX Waiver of the 45

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

Applicant r ep resentative s: Alexander Van der 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

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

XX Approved

, statement of authorization to Delta ( subject to conditions, see below ).

XX Approved , waiver of 45

- day advance filing requirement under 14 CFR Part 212

.

The above action granting amended exemption authority to Delta w as effective when taken: June 4 , 2015

, through

June 4 , 201 7

.

The above action granting a statement of authorization to Delta is effective: June 4 , 2015

, and will remain in effect indefinitely, subject to conditions.

The above action granting a waiver of the 45

- day advance filing requirement is eff ective: June 4 , 2015

.

1 Delta currently holds exemption authority to provide Atlanta

- Leon/Guanajuato code

- share service by displaying its code on Delta Connection flights operated by ExpressJet Airlines, Inc. ( ExpressJet )

. See Notice of Action Taken dated May 15

, 201 5 , in Docket DOT

- OST

- 2013

- 0115

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

- aircraft

service in the market starting December 19, 2015

. 2 Aeromexico holds exemption authority to serve the Atlanta

- Leon/Guanajuato market. S ee Notice of Action Taken dated July 25, 2014, in Dockets DOT

- OST

- 2013

- 0115, DOT

- OST

- 1997

- 3289, and DOT

- OST

- 2000

- 7708.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 waiv ed, 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 )

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

Conditions: 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. Consistent with our standard policy, the dormancy no tice period will begin on December 19, 2015 , 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 auth ority 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 application

. We may amend, modify, or revoke the authority granted in this Noti ce 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 da te 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 waiv er 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

securi ty, 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, c ontact 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 re asonable 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 S tates.

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 statement of authorization granted to Delta will remain in effect only as long as (i) Delta and

Aeromexico continue to hold the necessary underlying authority to operate the code

- share services at issue, and (ii) the code

- share agreement providi ng for the code

- share operations remains in effect.

( b ) Delta and/or Aeromexico, as appropriate, 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 ce ase operating all or a portion of the approved code

- share services. Such notice should be filed in D ocket s DOT

- OST

- 2013

- 0115,

DOT

- OST

- 1997

- 3289, and DOT

- OST

- 2000

- 7708

. 3

(c ) The code

- sharing operations conducted under this authority must comply with 14 C FR 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 th at 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 responsibil ity 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.

( d ) The authority granted here is specifically conditio ned so that neither Delta nor Aeromexico 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 discre tion.

3 We expect this notification to be received within ten (10) days after such non

- effectiveness or of such decision.