Served: April 30, 2015

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC

. AND AEROVIAS DE MEXICO, S.A. DE C.V.

under 49 U.S.C. §§ 41308 and 41309 for approval of

and antitrust immunity for alliance agreements

Docket DOT

- OST

- 2015

- 0070

NOTICE

On March 3 1 , 20 1 5

, Delta Air Lines, Inc. and Aerovias de Mexico , S.A. de C.V. (collectively, the “Joint Applicants”) filed a joint application requesting approval of and antitrust immunity for alliance agreements covering routes between the United States and Mexico

. As is our standard practice

, the Department on April 8 th suspended the procedural schedule to provide time for the Joint Applicants to submit documents in support of their application . The Joint Applicants submitted documents on April 17 th . By this Notice, we are providing interested parties with

access to those documents and other materials t hat may be submitted in this proceeding in the

future. T he Department will continue to review all materials to determine whether additional information is necessary

.

Access to Documents

On April 17, along with their submission of documents, the Joint Ap plicants filed a motion under

14 C.F.R. § 302.12 (Rule 12) of the Department’s regulations seeking confidential treatment for supporting documents and information. The Joint Applicants state that this material is confidential, proprietary, and commercially sensitive, and therefore qualifies for being withheld from public disclosure. They ask that access to this material be limited to counsel and outside
experts who have filed valid confi dentiality affidavits. 1

In order to afford interested parties prompt access to the documents in the record, we grant immediate interim access to all documents covered by the Rule 12 Motion to counsel and outside
experts for interested parties who file a ppropriate affidavits with the Department in advance. 2

1 See Joint Applicants’ Motion for Confidential Treatment under 14 C.F.R. § 302.12 , at 1 ( April 17 , 201 5 ).

2 See, e.g., Virgin/Delta/Air France/KLM/Alitalia

– Approval of and Antitrust Immunity for Alliance Agreements

, Docket DOT

- OST

- 20 13

- 0068

- 0004

, Notice Suspending P rocedural S chedule and Providing Access to D ocuments ( April 10 , 20 13 )

.2

Moreover, Parties are permitted to make copies of hard copy documents, at the Dockets facility, for use by persons who have filed confidentiality affidavits. We also find it appropriate to grant

inte rim access to any subsequent materials that may be filed in this case under a Rule 12 Motion under the same terms, unless the party filing the Motion objects.

We expect all affidavits to state, at a minimum, that (1) the affiant is counsel for an intere sted party or an outside independent expert providing services to such a party; (2) the affiant will use the information only for the purpose of participating in this proceeding; and (3) the affiant will disclose such information only to other persons who have filed a valid affidavit in

Docket DOT

- OST

- 201 5

- 0070 . Affiants and interested parties must understand and agree that any pleading or other filing that includes or discusses information contained in the covered documents must itself be accompanied by a Rule 12 Motion requesting confidential treatment.

Affi davits must be filed in Docket DOT

- OST

- 20 1 5

- 0070 with the Department of Transportation, Dockets, Room W12

- 140, 1200 New Jersey Avenue, SE, Washington, D.C. 20590.

Affiants having filed affidavits may examine the documents at the Department of Transporta tion

at the Dockets office . Affiants must present a stamped copy of the affidavit filed with the Department of Transportation before examination of the documents. Immediately after the completion of any judicial review of our final decision in this docke t or the expiration of the

60

- day period within which a person may petition for judicial review, all persons who have filed confidentiality affidavits in this proceeding are hereby directed to file a notice or record in the

docket stating that all copies of the applicants’ confidential materials have been destroyed or returned to the applicants.

We will serve this N otice on all persons on the service list for this docket.

By:

SUSAN L. KURLAND Assistant Secretary

for Aviation and International Affairs

Date: April 30, 2015

(SEAL)

An electronic version of this document is available at http://www.regulations.gov