UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on February 24 , 20 15


### NOTICE OF ACTION TAKEN

– DOCKET S DOT

- OST

- 1997

- 3289, DOT

- OST

- 2 000

- 7708, DOT

- OST

- 2013

- 011 5 , DOT

- OST

- 201 4

- 0083 , DOT

- OST

- 2014

- 0143, and DOT

- OST

- 2013

- 0134 1 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 m atter).

1. Docket DOT

- OST

- 2013

- 011 5

Joint Application of Aerovias de Mexico, S.A. de C.V. (Aeromexico) ; Delta Air Lines, Inc. (Delta) ; and ExpressJet Airlines, Inc. (ExpressJet) , file d 5/30/13 , for: 2

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

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Leon/Guanajuato, Mexico, pursuant to Aeromexico’s code

- share arrangement with Delta, by placing its designator code on flight s operated by ExpressJet d/b/a Delta Connection.

XX Stat ement of authorization for ExpressJet under 14 C

. F

. R

. Part 212 to engage in the following code

- share service:

ExpressJet requests a statement of authorization to permit ExpressJet to display Aerome xico’s “AM” designator code on ExpressJet

- operated flights between 

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

.

2. Dockets DOT

- OST

- 1997

- 3289, DOT

- OST

- 2000

- 7708, and DOT

- OST

- 2014

- 0083

Joint Application of Aeromexico and Delta , filed 5/23/14 , for : 3

XX E xemption for Aeromexico under 49 U.S.C. 40109 to provide the following service:

1 Our present action addresses a portion o f the Joint Applicants’ pending requests in the referenced Dockets, on which the Department previously deferred action. At the time of our previous actions, we had not yet received notification from the Government of Mexico that it had authorized Aeromexi co to conduct code

- share services in the U.S.

- Mexico city

- pair markets listed here. We have now received the necessary notification from the Government of Mexico regarding these markets; therefore, we are granting those portions of the carriers’ requests.
2 By Notice of Action Taken, dated June 19, 2013 , we granted exemption authority to Delta and ExpressJet for Atlanta

Leon/Guanajuato services. At that time, we deferred action on (1) Aeromexico’s request for code

- share only Atlanta

Leon/Guanajuato exemp tion authority

, and (2) ExpressJet ’s request for a statement of authorization to display the “AM” designator code. See footnote 1, above.
3 By Notice of Action Taken, dated June 17 , 2014, we granted exemption authority to Delta for (1) Los Angeles

Ixtap a/Zihuatanejo

, (2) Los Angeles

- Manzanillo

, and (3) Seattle

- Puerto Vallarta services. At that time, we deferred action on (1) Aeromexico’s request for exemption authority to provide (a) Los Angeles

- Ixtapa/Zihuatanejo, (b) Los Angeles

Manzanillo, and (c) Se attle

- Puerto Vallarta services by placing its designator co de on flights operated by Delta; and (2) Delta’s corresponding request for a statement of authorization to display the “AM” designator code

. Our action here addresses the joint applicants’ request with respect to the Los Angeles

- Manzanillo and Seattle

- Puerto Vallarta markets. We have not yet received notification from the Government of Mexico that it has authorized Aeromexico to conduct code

- share services in the Los Angeles

- Ixtapa/Zihuatanejo mar ket, and we will continue to defer action on that portion of the request. See footnote 1, above.S c heduled foreign air transportation of persons, property, and mail on a code

- share basis on f l ights operated by Delta between (1) Los Angeles, California, and Manzanillo, Me xico; and (2) Seattle, Washington, and Puerto Vallarta, Mexico

.

XX Stat ement of authorization for Delta under 14 C.F.R. Part 212 to engage in the following code

- share service:

Delta requests a statement of authorization to permit Delta to display the “A M” designator code of Aeromexico on flights operated by Delta between (1) Los Angeles, California, and Manzanillo, Mexico; and (2) Seattle, Washington, and Puerto Vallarta, Mexico

.

XX Waiver of the 45

- day advance filing requirement under 14 C.F.R. Part 2 12.

3. Dockets DOT

- OST

- 1997

- 3289, DOT

- OST

- 2000

- 7708, and DOT

- OST

- 2014

- 0 143

Joint Application of Aeromexico and Delta , filed 8/22/14 , as amended 8/26/ 14 , for : 4

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

Schedule d foreign air transportation of persons, property, and mail on a code

- share basis on flights operated by Delta between New Orleans, Louisiana, and Cancun , Mexico.

XX Statement of authorization for Delta under 14 C.F.R. Part 212 to engage in the following code

- share service:

Delta requests a statement of authorization to permit Delta to display the “AM” designator code of Aeromexico on flights operated by Delta between New Orleans, Louisiana, and Cancun, Mexico.

XX Waiver of the 45

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

4. Dockets DOT

- OST

- 1997

- 3289, DOT

- OST

- 2000

- 7708, and DOT

- OST

- 201 3

- 0134

Joint Application of Aeromexico and Delta , filed 9/19/14 , for : 5

XX Exemption for Aeromexico under 49 U.S.C. 40109 to provide the following servic e:

S cheduled foreign air transportation of persons, property, and mail on a code

- share basis on flights operated by Delta between Pittsburgh, Pennsylvania, and Cancun, Mexico.

XX Stat ement of authorization for Delta under 14 C.F.R. Part 212 to engage in the following code

- share service: Delta requests a statement of authorization to permit Delta to display the “AM” designator code of Aeromexico on flights operated by Delta between 

### Pittsburgh, Pennsylvania, and Cancun, Mexico

.

XX Waiver of the 45

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

4 By Notice of Action Taken, dated September 4 , 2014, we granted exemption authority to Delta for New Orleans

- Cancun services. At that time, we deferred acti on on (1) Aeromexico’s request for exemption authority to provide New Orleans

Cancun services by placing its designator co de on flights operated by Delta; and (2) Delta’s corresponding request for a statement of authorization to display the “AM” designator code

. See footnote 1, above. 5 By Notice of Action Taken, dated October 10, 2014 , we granted exemption authority to Delta for Pittsburgh

- Cancun services. At that time, we deferred action on (1) Aeromexico’s request for exemption authority to provide Pit tsburgh

Cancun services by placing its designator co de on flights operated by Delta; and (2) Delta’s corresponding request for a statement of authorization to display the “AM” designator code

. See footnote 1, above.Applicant reps: Alexander Van der Bellen and Christopher Walker (Delta) (202) 842

- 4184 ; and John R. Mietus (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, exemption authority to Aeromexico (to conduct code

- share services in the Atlanta

Leon/Guanajuato market) subject to conditions.

XX Approved , statement of authorization to ExpressJet (to display the “AM” code on Atlanta

Leon/Guanajuato flights) subject to conditions

.

XX Approved, exemption authority to Aeromexico (to conduct code

- share services in the Los Angeles

Manzanillo and Seattle

- Puerto Vallarta market s ) subject to conditions.

XX Approved, statement of authorization to Delta (to display the “AM” code on Los Angeles

- Manzanillo and Seattle

- Puerto Vallarta flights) subject to conditions.

XX Approved, exemption authority to Aeromexico (to conduct code

- share services in the New Orleans

Cancun market) subject to conditions.

XX Approved, statement of authorization to Delta (to display the “AM” code on New Orleans

- Cancun flights) subject to conditions.

XX Approved, exemption authority to Aeromexico (to conduct code

- share services in the Pittsburgh

Cancun market) subject to con ditions.

XX Approved, statement of authorization to Delta (to display the “AM” code on Pittsburgh

- Cancun flights) subject to conditions.

XX Dismissed, as moot, waivers of 45

- day advance filing requirement under 14 C.F.R. Part 212. 6

The above action s granting exemption authority to Aeromexico w ere effective when taken: February 24 , 2015 , through February 24 , 2016

. The above action granting a statement of authorization to ExpressJet is effective: February 24 , 2015 , and will remain in effect indefinitely, subject to conditions.

The above action s granting statement s of authorization to Delta are effective: February 24 , 2015 , and will remain in effect indefinitely, subject to conditions.
Action taken by: Paul L. Gretch, Director Office of Intern ational 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, conditions, and limitations indicated: XX Ho lders ’ certificates of public convenience and necessity XX Aeromexico’s foreign air carrier permit (Order 91

- 5

- 25) XX Standard foreign carrier e xemption c onditions (attached as Appendix A )

6 In light of the time that has passed since the applications were filed, the requests for waivers of the 45

- day advance filing requirement under 14 C.F.R. Part 212 are now moot.XX Conditions for statements of authorization (attached as Appendix B)

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 , previously deferred, or dismissed , we denied all requests in the referenced applications

. We may amend, modify, or revok e the authority granted in this Notice 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 petition s 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

### Appendix A 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 Se curity Administration, and with all applicable U.S. Government requirements concerning security, including, 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. Governm ent requirements concerning security, the holder shall, before commencing any new service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the United States, contact its International Industry Repres entative (IIR) (formerly referred to as International Principal Security Inspector) to advise the IIR 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

se rved; (3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, 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 (any changes to, or termination of, insurance also shall be filed with that office); (4) Not operate aircraft under this authority unless it complies with ope rational safety requirements at least equivalent to Annex 6 of the Chicago Convention; (5) Conform to the airworthiness and airman competency requirements of its Government for international air services; (6) Except as specifically exempted or otherwis e 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 th e contract of carriage, include a point in the United States as a point of origin, point of destination, 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 ag reement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be cons idered to be High Contracting Parties for the purpose of this definition; (8) Except as specifically 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 limitations 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 ex plicit Department approval under Title 49 of the U.S. Code. 12/2007

### Appendix B

The code

- share operations authorized here are subject to the following conditions:

(a) The statement of authorization granted to ExpressJet will remain in effect only as long as (i) ExpressJet and Aeromexico 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 ) The statement s of authoriza tion 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 providing for the code

- share operations remains in effect.

( c ) Delta , ExpressJet, 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 cease operating all or a portion of the approved code

- share services. Such notice should be filed in the appropriate d ocket (s)

. 7

( d) 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 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 responsibility for the entirety of the code

- share journey for all obligat ions established in its contract of carriage with the passenger; and that the passenger liability of the operating carrier be unaffected.

( e ) The authority granted here is specifically conditioned so that neither Delta , ExpressJet nor Aeromexico shall giv e 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 discretion.

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

- effectiveness or of such decision.