U.S. Department of Transportation Office of the Secretary of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- O ST

- 2014

- 0204

( Filed November 24 , 2014 )

Joint a pplic ation of Aerovias de Mexico, S.A. de C.V. (Aeromexico) and ABX Air, Inc. (ABX) f or a
statement of authorization to permit Aeromexico to display the (GB * ) designator code of ABX in conjunction with foreign air transportation of mail on flights operated by Aeromexico between : Miami,

Florida and Los Angeles, California, on the one hand, and Mexico City, Mexico and beyond to San Jose, Costa Rica; Santiago, Chile; and Buenos Aires, Argentina, on the other hand. 1

The joint applicants also request a waiver of the 45

- day advance filing requirement for statements of

authorization under 14 C.F.R. Part 212.

* Approved under assigned authority (14 CFR §385.13).

Date of Action: December 5 , 2014

_________________________________ Director, Office of International Aviation

This action is subject to the conditions attached. 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 ac tion is effective immediately, and the filing of a petition for review will not alter its

effectiveness.

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

An electronic version of this document is avai lable on the World Wide Web at http://www.regulations.gov

1 ABX holds exemption authority to engage in scheduled foreign air transportation of property and mail between Los Ange les and Mexico City, and beyond. See Notice of Action Taken dated May 1, 2013, in Docket DOT

- OST

- 2007

- 29318. ABX has applied for exemption authority in Docket DOT

- OST

- 2014

- 0205 to engage in scheduled foreign air transportation of property and mail on a c odeshare only basis between Miami, Florida, and Mexico City, Mexico; and beyond Mexico City to San Jose, Costa Rica; Santiago, Chile; and Buenos Aires, Argentina . We are acting concurrently on that request.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) Aeromexico and ABX continue to hold the necessary underlying authority to operate the code

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

- share agreement providing for the code

- share operations remains in effect.

(b) Aeromexico and /or ABX , as appropriate, must promptly notify the Department (Office of International Aviation) if the code

- share agreement providing for the code

- share operations is no longer effective or if the carriers decide to cease ope rating all or a portion of the approved code

- share services. Such notices should

be filed in Docket OST

- 2014

- 0204

. 2

(c) The code

- sharing operations conducted under this authority must comply with 14 CFR § 257 and with any amendment to the Department’s r egulations concerning codeshare 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 reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the waybill) accept responsibility for the entirety of the codeshare journey for all ob ligations established in its contract of carriage with the shipper; and that the cargo liability of the operating carrier be unaffected.

( d ) Any service provided shall be consistent with all applicable agreements between the United States and

Mexico , and all applicable agreements with other foreign countries involved. Furthermore, (i) nothing in the award of this blanket statement of authorization should be construed as conferring upon ABX rights (including code

- share, fifth

- freedom intermediate and /or beyond rights) to serve markets where U.S. carrier rights are limited unless ABX notifies us of its intent to serve such a market and unless and until the Department has completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights; and (ii) should there be a request by any carrier to use the limited

- entry route rights that are included in ABX’s authority by virtue of the statement of authorization granted here, but that are not being use d by ABX , the holding of such authority will not be considered as providing any preference for ABX in a carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue.

( e ) The authority granted here is specifically conditioned so that neither Aeromexico nor ABX shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions.

( f

) We may amend, modify, or revoke the auth ority granted at any time without hearing a t our discretion.

2 We expect this notification to be received within 10 days of such non

- effectiveness or of such decision.