UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on September 5 , 20 1 3



### NOTICE OF ACTION TAKEN

– DOCKET S DOT

- OST

- 2013

- 01 3 4 , 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:

S cheduled 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 Stat ement of authorization to Delta in order to engage in the following code

- share services :

Delta requests a statement of authori zation 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 DO T

- OST

- 1997

- 3289 and DOT

- OST

- 2000

- 7708

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

S cheduled 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 r ep resentative s: Alexander Van der Bellen (Delta) (202) 842

- 4184

, and

John R. Mietus ( Aeromexico ) ( 202) 747

- 5212

DOT Analyst: Brett D. Kru ger (202) 366

- 8025

D I S P O S I T I O N

XX Approved

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

XX Deferred

, exemption authority to Aeromexico ( s ee 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 gr anted 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 convenie nce and necessity

XX Standard U.S. carrier e xemption c onditions (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 Governme nt 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 City

Cancun market s . Therefore, we will defer action on the request of Aeromexico for exemption autho rity 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 noti ce 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 bas is 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) o ur 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 o f 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 revi ew 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 (fo r 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 20 5;

(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.

Governm ent 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 Tr ansportation 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 Dep artment 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 wi th the conditions imposed above.



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