UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on March 27 , 2015



### NOTICE OF ACTION TAKEN

– DOCKET S DOT

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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); Aerovias de Mexico, S.A. de C.V. (Aeromexico) ; and SkyWest Airlines, Inc. (SkyWest) , filed 3/19/15 , for:

XX Exemption under 49 U.S.C. 40109 for SkyWest to provide the following service:

S cheduled foreign air transportation of per sons, property, and mail between Los Angeles,

California , and Leon/Guanajuato , Mexico. 1

XX Exemption under 49 U.S.C. 40109 for Delta to provide the following service:

S cheduled foreign air transportation of persons, property, and mail between Los Angeles,

California , and Leon/Guanajuato , Mexico , on a code

- share basis on flights operated by SkyWest

. 2

XX Stat ement of authorization to SkyWest in order to engage in the following code

- share services :

SkyWest requests a statement of authorization pursuant to 14 C.F.R. Part 212 to permit SkyWest to display the “DL” designator code of Delta and the “AM” designator code of Aeromexico on flights operated by SkyWest between 

### Los Angeles, California , and Leon/Guanajuato , Mexico

.

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

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, Todd Emerson (SkyWest) (435) 634

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, and John R. Mietus, Jr. ( Aeromexico ) ( 202 ) 747

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DOT Analyst: Brett D. Kruger (202) 366

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D I S P O S I T I O N

XX Approved

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

XX Approved

, exemption authority to Delta ( subject to conditions, see below ).

1 SkyWest holds exemption authority to conduct scheduled foreign air transportation of persons, property, and mail between Los Angeles and Leon/Guanajuato, and conducts these services as a United Express carrier on behalf of United Airlines, Inc. (United). See Notice of Action Taken dated May 12, 2014 in Dockets DOT

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. The Joint Applicants state that beginning September 1, 2015, SkyWest will begin Los An geles

Leon/Guanajuato services display ing the designator codes of Delta and Aeromexico.

2 Delta holds exemption authority to conduct scheduled foreign air transportation of persons, property, and mail between Los Angeles and Leon/Guanajuato with its own ai rcraft. See Notice of Action Taken dated April 11, 2014, in the instant Dockets. Delta now seeks to provide code

- share service on SkyWest

- operated flights beginning September 1, 2015.XX Deferred in part , state ment of authorization for SkyWest to display the “AM” code; remainder, statement of authorization for SkyWest to display the “DL” code, dismissed as moot. 3

XX Deferred , waiver of 45

- day advance filing requirement under 14 CFR Part 212

.

The above action granting exemption authority to SkyWest w as effective when taken: March 27 , 2015

, through

March 27 , 201 7

.

The above action granting exemption authority to Delta was effective when taken: March 27 , 2015

, through

March 27 , 2017

.

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 waived, this authority is subject to the terms, conditi ons, and limitations

indicated:

XX Holders’ certificates of public convenience and necessity

XX Standard U.S. carrier e xemption c onditions (attached as Appendix A )

Remarks: We are approving the requests of SkyWest and Delta for exemption author ity to the extent necessary to implement their proposed SkyWest

- operated Los Angeles

- Leon/Guanajuato services. We note, however, that we have not yet received notification from the Government of Mexico that it has authorized Aeromexico to

conduct code

- sha re services by displaying its code on SkyWest flights in the Los Angeles

- Leon/Guanajuato market. Therefore, we will defer action on the request of SkyWest for a statement of authorization to display

the Aeromexico code.

We acted on the application withou t awaiting expiration of the 15

- day answer period with the consent of all parties served.

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

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- 2. Con sistent with our standard policy, the dormancy notice period will begin on September 1, 2015

, the Joint Applicant’s proposed start

- up date for the subject services.

The code

- share operations conducted under this authorization are subject to the following conditions:

(a) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendment to the Department’s regulations concerning code

- share arrangements that may be adopted. Notwithstanding any provisions in the contra ct 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

carrie r 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; and that the passenger liability of the o perating carrier be unaffected; and

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

3 We dismiss, as moot, the request for SkyWest to display the “DL” des ignator code of Delta. Such authority is not required when a code

- share arrangement is between two U.S. carriers. We will, however, provide the necessary notification to the Government of Mexico confirming Delta’s authority to provide code

- share service in the market.On the ba sis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicants 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 authority would not constitute a major regulatory action under the Energy Policy and Conservation

Act of 197 5. To the extent not granted or deferred , we denied all requests in the referenced application

. 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 Departme nt 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 pe tition 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 i n 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 requirem ents 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 whe ther the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served;

(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 co mpliance with the conditions imposed above.



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