UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on November 14

, 20 1 4


### N OTICE OF ACTION TAKEN

– DOCKET S DOT

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- 1997

- 3289 and DOT

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- 7708

_____________________ ___________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will b e issued in this matter).

Joint Applicant s : AEROVIAS de MEXICO, S.A. de C.V. (Aeromexico ) ; DELTA AIR LINES, INC. (Delta); and SHUTTLE AMERICA CORPORATION (Shuttle America)

Date Filed: November 5 , 2014
Relief requested: E xemption from 49 USC §41301 to the extent necessary to permit Aeromexico to engage in scheduled foreign air transportation of persons, property, and mail between Aeromexico’s authorized U.S. gateway points and other points within the U.S. for the purpose of blind

- sector code

- sharing se rvices between the U.S. gateway points and other points in the U.S. on Delta Connection flights operated by Shuttle America and Chautauqua Airlines, Inc. (Chautauqua)

.

Aeromexico also seeks a special authorization pursuant to 14 C.F.R. Part 216 to permit it to commingle traffic between Mexico and third countries (that is, traffic not in foreign air transportation) on the same services that carry traffic that is in foreign air transportation between Mexico and the United States and between the United States and third countries , in conjunction with third

- country code

- sharing services with Delta/Delta Connection

.

Shuttle America seeks a statement of authorization under 14 C.F.R. Part 212 to permit Shuttle America to display Aeromexico’s “AM” designator code o n Delta Connection flights Shuttle America operates: (a) on a blind

- sector basis between Aeromexico’s U.S. gateway points and other points in the U.S., and (b) between any point or points in the United States and any point or points in third countries on a blind

- sector basis for the carriage of Aeromexico’s traffic between Mexico and third countries. 1

The joint applicants also request a waiver of the 45

- day advance filing requirement for statements of authorization under 14 C.F.R. Part 212.

Applicant rep resentative s : John R. Mietus, Jr. (Aeromexico) 202

- 747

- 5212 ; Alexander Van der Bellen (Delta) 2 02

- 842

- 4184; and Robert E. Cohn and Patrick R. Rizzi ( Shuttle America ) 202

- 637

- 4999

DOT analyst: Brett Kruger , 202

- 366

- 8025
Responsive pleadings: None

DISPOSITION

Action: Approved

. Action date: November 14 , 2014 2

Effective dates of authority granted : The exemption authority granted to Aeromexico is effective November 14 , 2014

, through November 14 , 2015

. The special authorizat ion under 14 C.F.R. Part 216 granted to Aeromexico is effective November 14 , 2014, through November 14 , 2015

.

1 Chautauqua also plans to display the “AM” desi gnator code of Aeromexico on Chautauqua

- operated flights using small aircraft with 60 seats or less, pursuant to 14 C.F.R. §§ 206.5, 212.1, and 298.11.
2 We acted on the application without awaiting expiration of the answer period with the consent of all p arties served.The statement of authorization under 14 C.F.R. Part 212 granted to Shuttle America is effective November 14 , 2014, and will remain in effect for a n indefinite duration, subject to conditions

. The waiver of the advance filing requirement under 14 C.F.R. Part 212 is effective November 14 , 2014.
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 exemption conditions attached as Appendix A; to the code

- share conditions attached as Appendix B; and to the otherwise

applicable t erms, conditions, and limitations of Aeromexico’s foreign air carrier permit (Order 91

- 5

- 25).
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 w ith Department policy; (2) Aeromexico 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 regulatory action under the Energy Policy and Co nservation Act of 1975. To the extent not granted, we denied all requests in the referenced appl ication . 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 regulati ons, 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 docu ment is available on the World Wide Web at: http://www.regulations.gov

### Appendix A Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:
(1) N ot 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 Ad ministration, the Transportation Security Administration, and with 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 complian ce with all applicable U.S. Government requirements concerning security, 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, contac t its International Industry Representative (IIR) (formerly referred 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 adequat e to allow such airport(s) to be served;
(3) Comply with the requirements 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 Administration’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 au thority 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 a s specifically exempted or otherwise provided for in a Department 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 wa iver 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 t ransportation that, according to the contract of carriage, include 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, e xcept 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) Comp ly with the requirements of 14 CFR Part 217, concerning the reporting 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 under Title 49 of the U.S. Code.

12/2007Appendix B

The code

- share operations authorized here are subject to the following conditions:



### (a) The statement of authorization granted t o Shuttle America will remain in effect only as long as (i) Shuttle America and Aeromexico 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 opera tions remains in effect.
(b ) Shuttle America , Delta, and/or Aeromexico , as appropriate, must notify the Department no later than 30 days before they begin any new code

- share service under the code

- share services authorized here. Such notice shall identif y the market(s) to be served, which carrier will be operating the aircraft in the code

- share market added, and the date on which the service will begin. Such notice should be filed in Docket s DOT

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( c ) Shuttle America

, Delta

, and/or Aeromexico, as appropriate, must promptly notify the Department if the code

- share agreement providing for the code

- share operations is no longer effective or if the carriers decide to cease operating all or a portion of the approved code

- sha re services. Such notice should be filed in Dockets DOT

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(d ) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Department’s regulations concerning c ode

- 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 carrie r 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 establis hed in its contract of carriage with the
passenger; and that the passenger liability of the operating carrier be unaffected.

( e ) The authority granted here is specifically conditioned so that neither Shuttle America

, Delta

, nor Aeromexico shall give any f orce or effect to any contractual provisions between themselves that are contrary to these conditions.
We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

1 The Joint Applicants request consolidation of this application into Dockets DOT

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- 7708. The Joint Applicants further request that any point notice given for one Delta/Delta Connection carrier be deemed notice f or Delta, ExpressJet Airlines, Inc., Endeavor Air, Inc., Compass Airlines, L.L.C., Shuttle America, and Chautauqua with respect to that point as served via any of Aeromexico’s authorized U.S. gateways. The joint applicants further incorporate by reference all previous beyond

gateway point notices provided in the captioned dockets as notice with respect to Shuttle American and Chautauqua

. 2 We expect this notification to be received within ten (10) days after such non

- effectiveness or of such decision.