UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 15, 2015

 NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2014-0045, 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); Compass Airlines, LLC (Compass); and Aerovias 

de Mexico, S.A. de C.V. (Aeromexico), filed 4/15/15, for:

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

Scheduled foreign air transportation of persons, property, and mail between Los Angeles, 

California, and Mazatlán, Mexico.

1

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

Scheduled foreign air transportation of persons, property, and mail between Los Angeles, 

California, and Mazatlán, Mexico.2

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

Compass requests a statement of authorization pursuant to 14 C.F.R. Part 212 to permit Compass

to display the “AM” designator code of Aeromexico on flights operated by Compass between Los 

Angeles, California, and Mazatlán, Mexico.

XX Waiver of the 45-day advance filing requirement under 14 C.F.R. Part 212.

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

Kenneth P. Quinn and Jennifer E. Trock (Compass) (202) 663-8898, and 

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

DOT Analyst: Brett Kruger (202) 366-8025 

D I S P O S I T I O N

XX Approved, exemption authority to Compass (subject to conditions, see below)

XX Deferred, amendment of exemption authority to Aeromexico (see Remarks below)

XX Deferred, statement of authorization to Compass (see Remarks below)

XX Deferred, waiver of the 45-day advance filing requirement under 14 C.F.R. Part 212.

 1 Compass proposes to commence Los Angeles-Mazatlán service starting December 1, 2015, and intends to display 

Delta’s “DL” designator code and Aeromexico’s “AM” designator code. 2 Aeromexico currently holds exemption authority to engage in scheduled foreign air transportation of persons, 

property, and mail between Los Angeles and Mazatlán by placing its designator code on flights operated by Delta. 

See Notice of Action Taken dated July 25, 2014, in these Dockets. Aeromexico seeks an amended exemption to 

serve the route by placing its code on Compass-operated flights.
The above action granting exemption authority to Compass was effective when taken: May 15, 2015, 

through May 15, 2017.

The above actions deferring on the requests for amended exemption authority to Aeromexico, a 

statement of authorization to Compass, and a waiver of the 45-day advance filing requirement were

effective: May 15, 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.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated:

XX Compass’ certificates of public convenience and necessity

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

Remarks: We will approve the request of Compass 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 Compass flights in the Los Angeles- Mazatlán 

market. Therefore, we will defer action on the requests of Aeromexico for amended exemption authority, 

and of Compass for a statement of authorization to display the Aeromexico code (and the associated 

waiver request). On the other hand, our action here will permit the Delta-Compass code-share services to 

proceed without further action of the Department.

Conditions: The U.S.-Mexico exemption authority granted to Compass 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 period will begin on December 1, 2015, the date on which Compass proposes

to commence the subject service. 

The Delta-Compass code-share operations conducted under this authorization are subject to the following 

conditions:

(a) The code-sharing operations conducted under this authority must comply with 14 C.F.R. 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 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; and that the passenger liability of the 

operating carrier be unaffected; and

(b) The authority granted here is specifically conditioned so that neither Compass nor Delta shall 

give any force or effect to any contractual provisions between themselves that are contrary to 

these conditions.

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

Compass 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 application. 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:

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; and

(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.

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