UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on March 20, 2013

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0135 ________________________________________________________________________________________________________

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).

Joints Applicants: Delta Air Lines, Inc. (Delta), Aerovias de Mexico, S.A. de C.V. (Aeromexico), and Aerolitoral, S.A. 

de C.V. d/b/a Aeromexico Connect (Aerolitoral) 

Date Filed: August 9, 2012

Relief requested:

1. Exemption for Delta for two years under 49 U.S.C. § 40109 to engage in scheduled foreign air transportation of persons, 

property, and mail, on a code-share only basis with Aeromexico, in the following markets:

Chicago, Illinois-Monterrey, Mexico Las Vegas, Nevada-Guadalajara, Mexico

Chicago, Illinois-Zacatecas, Mexico Miami, Florida-Cancun, Mexico

Dallas/Ft. Worth, Texas-Mexico City Mexico

2. Statement of authorization for Aeromexico under 14 C.F.R. Part 212 to permit Aeromexico to display Delta’s “DL*” 

designator code on Aeromexico-operated flights in the following markets:

Chicago, Illinois-Monterrey, Mexico Las Vegas, Nevada-Guadalajara, Mexico

Chicago, Illinois-Zacatecas, Mexico Miami, Florida-Cancun, Mexico

3. Statement of authorization for Aerolitoral under 14 C.F.R. Part 212 to permit Aerolitoral to display Delta’s “DL*” 

designator code on Aerolitoral-operated flights in the following markets:

Atlanta, Georgia-Mexico City, Mexico

Dallas/Ft. Worth-Mexico City, Mexico

Phoenix, Arizona-Hermosillo, Mexico

Date and citation of last action: March 18, 2013, in this Docket.1

Applicant representatives: Alexander Van der Bellen, 202-842-4184 (Delta)

John R. Mietus, Jr., 202-747-5212 (Aeromexico and Aerolitoral)

DOT analyst: Darren Jaffe, 202-366-2512

Responsive pleadings: None.

 1 At the request of the joint applicants, our March 18, 2013 action granted the portions of their application for code-share exemption 

authority for Aeromexico and a statement of authorization for Delta, and deferred action on Delta’s request for code-share exemption 

authority and the requests of Aeromexico and Aerolitoral for statements of authorization. Our present action approves the requests upon 

which we had previously deferred action.
DISPOSITION

Action: Approved, subject to conditions Action date: March 20, 2013

Effective dates of authority granted: The exemption authority granted to Delta is effective March 20, 2013, through March 

20, 2015. The statements of authorization granted to Aeromexico and Aerolitoral are effective March 20, 2013, and shall 

remain in effect for an indefinite period, subject to conditions. 

Basis for approval (bilateral agreement/reciprocity): United States-Mexico Air Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard U.S. air 

carrier exemption conditions and code-share conditions (attached as Appendices A and B, respectively).

Special conditions/Remarks: The exemption authority granted to Delta is limited to services provided on a code-share basis 

with Aeromexico and Aerolitoral.

Action taken by: Paul L. Gretch, Director, Office of International Aviation

_______________________________________________________________________________________________

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) the applicants were qualified to perform the proposed operations; (3) grant of the authority was 

consistent with the public interest; and (4) 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/deferred/dismissed, 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
Appendix B

The Statements of Authorization granted are subject to the following conditions:

(a) The statements of authorization will remain in effect only as long as (i) Aeromexico, Aerolitoral, and Delta, as 

appropriate, 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) Aeromexico, Aerolitoral, and/or Delta, as appropriate, must notify the Department immediately if the code-share 

agreement under which these code-share services are operated is no longer in effect or if the carriers decide to cease 

operating all or a portion of the approved code-share services. Such notice should be filed in Docket DOT-OST-2012-0135;

2

(c) 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 obligations established in its contract of carriage with the passenger; that the passenger liability of

the operating carrier be unaffected; and that the operating carrier shall not permit the code of its U.S. code-sharing partner to 

be carried on any flight that enters, departs, or transits the airspace of any area for whose airspace the Federal Aviation 

Administration has issued a flight prohibition.

(d) The authority granted here is specifically conditioned so that neither Aeromexico, Aerolitoral, nor Delta shall give any 

force or effect to any contractual provisions between themselves that are contrary to these conditions; 

(e) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

 2 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.