UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on February 28 , 2013



### NOTICE OF ACTION TAKEN

– DOCKET DOT

- OST

- 2013

- 0028

_____ ________________________________________________________________________________ ________ ______________ 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 Applicant s : AEROVIAS DE MEXICO, S.A. de C.V. (Aeromexico) and AEROLITORAL, S.A. de C.V. d/b/a AEROMEXICO CONNECT (Aerolitoral)

Date Filed : February 7, 2013

Relief requested:

A) E xemption from 49 USC §40109 for one year to the extent necessary to permit Aerolitoral to engage in scheduled foreign air transportation of persons, property, and mail i n t he following markets:

La Paz, Mexico

– Los Angeles, California Mexico City, Mexico

– Laredo, Texas Monterrey, Mexico

– Houston, Texas Monterrey, Mexico

– Miami, Florida Monterrey, Mexico

– San Antonio, Texas Puerto Peñasco, Mexico

– Las Vegas, Nevada Puerto Peñasco, Mexico

– Los Angeles, California

B) E xemption from 49 USC §40109 for one year to the extent necessary to p ermit Aeromexico to engage in scheduled foreign air transportation of persons, property, and mail i n the following markets , on a code

- share basis with Aerolitoral, on flights operated by Aerolitoral : 1

La Paz, Mexico

– Los Angeles, California Mexico City, Mexico

– Laredo, Texas Monterrey, Mexico

– Houston, Texas

Puerto Pe ñ asco, Mexico

– Las Vegas, Nevada

Puerto Peñasco , Mexico

– Los Angeles, California

C) Statement of authorization under 14 CFR part 212 for an indefinite period to enable Aerolitoral to di splay Aeromexico’s “AM” designator code on flights operated by Aerolitoral on the routes listed in paragraph (A) above.

D) W aiver of the 45

- day advance filing requirement for the codeshare statement of authorization under 14 C.F.R. Part

212.

Applicant representative: John. R. Mietus, Jr., 202

- 747

- 5212 DOT analyst: Darren Jaffe, 202

- 366

- 2512

Responsive pleadings: None.

DISPOSITION

Action: Approved. Action date: February 28 , 2013

1 We note that Aeromexico already holds exemption authority in the Monterrey

- Miami and Monterrey

- San Antonio markets. See

Dockets OST

- 2012

- 0090 ( Monterrey

- Miami) and DOT

- OST

- 2009

- 01 59 ( Monterrey

- San Antonio).Effective dates of authority granted: The exemption authority granted to Aeromexico and Aerolitoral is effective February 28 , 2013, through February 28 , 2014. The statement of authorization granted to Aerolitoral is effective February

28 , 2013, and shall remain in effect for an indefinite period. The waiver granted to Aerolitoral is effective February 28

, 2013.

Basis for approval (bilateral agreement/reciprocity): United States

- Mexico Air Transport Services Agreement.

Except to the e xtent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption and code

- share conditions (attached), and to the otherwise

- applicable terms, conditions, and limitations of Aeromexico’s foreign air carrie r permit (Order 91

- 5

- 25).

Special conditions/Remarks: The exemption authority granted to Aeromexico is limited to operations conducted only on

a code

- share basis with Aerolitoral, on flights operated by Aerolitoral.

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 consi stent with Department policy; (2) the applicant s w ere 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 th e Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretio n.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulati ons, 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

### 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, i ncluding, 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 (includi ng 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 I IR 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 2 05, 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 (a ny 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) Confo rm 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 desti nation, 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 condit ion, 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 specifi cally 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 li mitations 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

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

(a) The statement of authorization will remain in effect only as long as Aeromexico and Aerolitoral continue to hold the underlying authority to operate the code

- share services at issue, and the code

- share agreement providing for the code

- share operations remains in effect.

(b) Aeromexico and/or Aerolitoral must promptly notify the Department if the codeshare agreement is no longer effective or if the carriers decide to cease operating all o r a portion of the approved codeshare services. 2 

### (Such

notice should be filed in Docket DOT

- OST

- 2013

- 0028 .)

(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 o f 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 obligati ons 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 conditioned so that neither Aeromexico nor Aerolitoral 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.

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

- effectiveness or of such decision.