UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on September 5, 2013

NOTICE OF ACTION TAKEN – DOCKETS DOT-OST-2013-0134, DOT-OST-1997-3289 and 

DOT-OST-2000-7708

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); and Aerovias de Mexico, S.A. de C.V. (Aeromexico), filed 

7/9/13, for:

1. Docket DOT-OST-2013-0134

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

Scheduled foreign air transportation of persons, property, and mail between (1) Pittsburgh, 

Pennsylvania, and Cancun, Mexico; and (2) Kansas City, Missouri, and Cancun, Mexico.

1

XX Statement of authorization to Delta in order to engage in the following code-share services:

Delta requests a statement of authorization pursuant to 14 C.F.R. Part 212 to permit Delta to display the

“AM” designator code of Aeromexico on flights operated by Delta between (1) Pittsburgh, 

Pennsylvania, and Cancun, Mexico; and (2) Kansas City, Missouri, and Cancun, Mexico.

2. Dockets DOT-OST-1997-3289 and DOT-OST-2000-7708

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

Scheduled foreign air transportation of persons, property, and mail on a code-share basis on flights 

operated by Delta between (1) Pittsburgh, Pennsylvania, and Cancun, Mexico; and (2) Kansas City, 

Missouri, and Cancun, Mexico.

Applicant representatives: Alexander Van der Bellen (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 Delta (subject to conditions, see remarks below).

XX Deferred, exemption authority to Aeromexico (see remarks below).

XX Deferred, statement of authorization to Delta (see remarks below).

The above action granting exemption authority to Delta was effective when taken: September 5, 2013, through 

September 5, 2015. 

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

 1 Delta plans to offer seasonal service in the subject markets beginning on or about December 21, 2013.
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 Holders’ certificates of public convenience and necessity

XX Standard U.S. carrier exemption conditions (attached as Appendix A)

Remarks/Conditions: We will approve the request of Delta for exemption authority. We note, however, that 

we have not yet received notification from the Government of Mexico that it has authorized Aeromexico to 

conduct code-share services by displaying its code on Delta flights in the Pittsburgh-Cancun and Kansas CityCancun markets. Therefore, we will defer action on the request of Aeromexico for exemption authority and the 

request of Delta for a statement of authorization to display the Aeromexico code.

The U.S.-Mexico exemption authority granted is subject to the dormancy notice requirements set forth in 

condition 7 of Appendix A of Order 88-10-2, and the notice requirements for seasonal/intermittent services as 

set forth in Order 96-11-24, at 5. Consistent with our standard policy, the dormancy notice period will begin on 

December 21, 2013, Delta’s proposed start-up date for the subject services.

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found Delta

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 1975. To the extent not granted or deferred, 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 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 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
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 in 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 requirements 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 whether 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 compliance with the 

conditions imposed above.

1/2008