UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on June 26 , 20 1 3



### NOTICE OF ACTION TAKEN

– DOCKET DOT

- OST

- 2013

- 0114

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 SkyWest Airlines, Inc. (SkyWest) , filed 5/30 /13 , for:

XX Exemption for SkyWest 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 Los Angeles,

California , and Leon/Guanajuato , Mexico. 1

XX Exemptio n 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 Los Angeles,

California , and Leon/Guanajuato , Mexico. 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 “AM” designator code of Aerovias de Mexico, S.A. de C.V. (Aeromexico) on flights operat ed by

SkyWest between 

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

.

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

- 4184

, and

Todd C. Emerson (SkyWest) (435) 634

- 3530

DOT Analyst: Brett D. Kruger (202) 366

- 8025

D I S P O S I T I O N

XX Approved

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

XX Approved

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

XX Deferred

, statement of authorization to SkyWest ( see remarks below ).

The above action s granting exemption authority to SkyWest and Delta w ere effective when taken: June 26 , 2013

, through June 26 , 2015

.

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.

1 SkyWest plans to offer service between Los Angeles, California, and Leon/Guanajuato, Mexico

, as a Delta Connection

carrier beginning on or about December 19 , 2013.

2 Delta plans to offer service between Los Angeles, California, an d Leon/Guanajuato, Mexico, by displaying its code on

SkyWest

- operated flights, beginning on or about December 19, 2013.Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX Holders’ certificates of public conve nience and necessity

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

Remarks/Conditions : We will approve the requests of SkyWest and Delta for exemption authority. We note,

however, that we have not yet received notification f rom the Government of Mexico that it has authorized

Aeromexico to conduct code

- share 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.

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. Consistent with our standard policy, the dormancy notice pe riod

will begin on December 19, 2013, the carriers’ proposed start

- up date for the subject services.

The exemption authority granted to Delta is limited to services provided on a code

- share basis only.

On the basis of data officially noticeable under Ru le 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 De partment 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 N otice 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 effective ness.

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, t he 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 autho rized);

(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 secu rity, 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 Administra tion 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