UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on May 5 , 2014



### 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 i ssued in this matter).

Applicant : Aerovias de Mexico, S.A de C.V. ( Aer o mexico )

Date Filed: March 13 , 2014

Relief requested: Renewal of exemption authority under 49 U.S.C. § 40109 for Aeromexico to engage in scheduled foreign air transportation of persons, property, and mail by placing its designator code, “AM”, on flights operated by Delta Air Lines, Inc. (Delta) in the following U.S.

- Mexico markets:

Columbus

- Cancun Milwaukee

- Cancun Minneapolis/St. Pau l

- Ixtapa/Zihuatenejo

Detroit

- Cozumel Minneapolis/St. Paul

- Cozumel Nashville

- Cancun

Detroit

- Puerto Vallart a Minneapolis/St. Paul

- Mazatlan Tampa

- Cancun

Detroit

- San Jose del Cabo Minneapolis/St. Paul

- Puerto Vallarta Indianapolis

- Cancun Minneapolis/St. Pau l

- San Jose del Cabo

If renewal, date and citation of last action: March 18 , 2013 in this Docket.

Applicant representative: J ohn R. Mietus, Jr.

, 202

- 747

- 5212

DOT analyst: Darren Jaffe, 202

- 366

- 2512

Responsive pleadings: None.

DISPOSITION

Action: Approved (subject to conditions)

. A ction date: May 5 , 2014

Effective dates of authority granted: The exemption authority granted to Aeromexico is effective May 5 , 201 4 through May 5

, 201 5

.

Basis for approval (bil ateral agreement/reciprocity): United States

- Mexico A ir 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 ) and to the otherwise

- applicable terms, conditions, and limitations of Aeromexico’s foreign air carrier permit (Order 91

- 5

- 25).

Special conditions/Remarks: The exemption authority granted to Aeromexico is limi ted to services provided on a code

share basis with Delta, on flights operated by Delta.

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 s w ere 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

g ranted/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 fort h 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 suc h effectiveness.

An electronic version of this document 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) 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 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 compliance 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 woul d be the holder’s last point of departure for the United States, contact 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 Transpo rtation Security Administration has determined that security is adequate 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 sha ll 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 requir ements of its Government for international air services;

(6) Except as 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 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

U nited States that are: (a) based on its operations in international air transportation 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" m eans "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 t erminate all flights to/from the United States in its homeland;

(9) Comply 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 pr ovided 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 b e 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 wi th 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.

12/2007