UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on November 29 , 2013



### N OTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2012

- 0140

________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be i ssued in this matter).

Applicant : ABC AEROLINEAS, S.A. de C.V., d/b/a INTERJET ( Interjet )

Date Filed: August 16 , 2013, as amended November 21 , 2013

Relief requested: Renewal of exemption from 49 USC § 41301 to permit Interjet to conduct scheduled f oreign air transportation of persons, property, and mail between : (1) Mexico City, Mexico , and Santa Ana, California; (2) Guadalajara, Mexico , and Santa Ana, California; (3) San Jose del Cabo, Mexico , and Santa Ana, California; (4) Toluca, Mexico , and Las Vegas, Nevada; (5) Toluca, Mexico , and Houston, Texas; (6) Toluca, Mexico , and Chicago, Illinois; (7) Monterrey, Mexico , and San Antonio, Texas ; and (8) Monterrey, Mexico , and Las Vegas, Nevada.

The applicant further requests amendment of its exemption au thority to permit it to conduct scheduled foreign air transportation of persons, property, and mail between : 1) Guadalajara , Mexico, and San Antonio, Texas; and 2) Mexico City, Mexico, and Laredo, Texas.

If renewal, d ate and citation of last action: February 15

, 201 3 , in this Docket.

Applicant representative: Moffett B. Roller , 202

- 331

- 3300 D OT analyst: David R. Christofano , 202

- 366

- 0584

Responsive pleadings: None.

DISPOSITION

Action: Approved in part, remainder d eferred

. (See remarks b elow). Action date: November 29 , 2013 1

Effective dates of authority granted: November 29 , 2013 , through November 29 , 2014.

Basis for approval (bilateral agreement/reciprocity): United States

- Mexico Air Transport Services Agreement (“the Agreement”).

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption conditions (attached).

Special conditions/Remarks: By letter dated November 26, 2013, and filed in this D ocket, the applicant requested that we defer action on the portion of its request for amended exemption authority to serve the Mexico City

- Laredo market until the Government of Mexico has designated Interjet to serve that route. Accordingly, we are granti ng the applicant’s request for renewal of its authority as specified above, as well as its request for amended authority to serve the Guadalajara

- San Antonio market. We will defer action on the Mexico City

- Laredo portion of its request.

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 applicant was qualified to perform its proposed operations; (3) grant of the authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regu latory action under the Energy Policy and

1 The Department is acting on the application of Interjet for amended exemption authority prior to the expiration of the 15

- day answer period with the consent of all parties served.Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket s

. We may amend, modify, or revoke the authority granted in this Notice at any time without h earing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulati ons, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this N otice. 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.govForeign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and wi th all applicable U.S. Government requirements concerning security, including, but not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all applicable U.S. Government requirements concerning s ecurity, the holder shall, before commencing any new service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the United States, contact its International Industry Representative (IIR) (formerly refe rred to as International Principal Security Inspector) to advise the IIR 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;

(3) Comply with the r equirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administrati on’s Program Management Branch (AFS

- 260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air services;

(6) Except as specifically exempted or otherwise provided for in a Departmen t Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a ), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, inclu de a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the repo rting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval

u nder Title 49 of the U.S. Code.

12/2007