UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on June 15, 2011

NOTICE OF ACTION TAKEN – DOCKET DOT-OST-2011-0110

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), and Aerovias de Mexico, S.A. de C.V. (Aeromexico), filed 

June 7, 2011, for:

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

Scheduled foreign air transportation of persons, property, and mail between (1) Fresno, California, 

and Guadalajara, Mexico; (2) San Antonio, Texas, and Monterrey, Mexico; and (3) Chicago, 

Illinois, and Durango, Mexico.1

XX Statement of authorization for Aeromexico under 14 CFR Part 212 to engage in the following code-share 

service:

Aeromexico requests a statement of authorization to permit Aeromexico to display Delta’s 

“DL*” designator code on Aeromexico operated flights and/or Aeromexico flights operated with 

aircraft wet-leased from Aerolitoral, S.A. de C.V. (Aerolitoral) between (1) Fresno, California, and 

Guadalajara, Mexico; (2) San Antonio, Texas, and Monterrey, Mexico; and (3) Chicago, Illinois, 

and Durango, Mexico.2 3

Applicant reps: Alexander Van der Bellen (Delta) (202) 842-4184 and 

William C. Evans (Aeromexico) (410) 827-5074

DOT Analyst: Brett D. Kruger (202) 366-8025

D I S P O S I T I O N

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

XX Approved, statement of authorization to Aeromexico (subject to conditions, see below).

The above action granting exemption authority to Delta was effective when taken: June 15, 2011, through

June 15, 2013.

The above actions granting a statement of authorization to Aeromexico was effective: June 15, 2011, and will 

remain in effect indefinitely, subject to conditions.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

 1 Delta states that it will serve these markets by placing its designator code on Aeromexico’s flights, and requests that the 

Department issue the necessary code-share notification to the Government of Mexico.

2 Aeromexico already holds exemption authority to serve the subject routes, see Notices of Action Taken dated March 4, 

2011, in docket DOT-OST-2011-0042 (Fresno-Guadalajara); December 16, 2010, in docket DOT-OST-2009-0159 (San 

Antonio-Monterrey); and December 14, 2010, in docket DOT-OST-2005-21605 (Chicago-Durango). Aerolitoral holds a 

statement of authorization permitting it to wet-lease aircraft to Aeromexico on a long-term basis (see Undocketed approval 

2011-217, dated May 12, 2011).

3 Aeromexico also requests a waiver of the 45-day advance filing requirement under 14 CFR Part 212. We will grant the 

waiver.
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 Delta’s certificates of public convenience and necessity

XX Standard exemption conditions (attached as Appendix A)

XX Conditions for statement of authorization (attached as Appendix B)

Conditions: The U.S.-Mexico exemption authority granted is subject to the dormancy notice requirements set 

forth in condition 7 of Appendix A of Order 88-10-2. 

The exemption authority granted to Delta is limited to services provided on a code-share basis only.

Remarks: We note that Delta has conducted a safety audit of Aeromexico under the Department’s Code-Share 

Safety Audit Program, and the FAA has advised us that it has reviewed the relevant audit report and found it to 

be acceptable. 

We acted on this application without awaiting expiration of the 15-day answer period with the consent of all 

parties served with the application.

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

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

(a) The statement of authorization will remain in effect only as long as (i) Delta 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 operations remains in effect.

(b) Delta and/or Aeromexico must notify the Department no later than 30 days before they begin any new codeshare service under the code-share services authorized here. Such notice shall identify 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 DOT-OST-2011-0110.

(c) Delta and/or Aeromexico 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-share services. Such notice should be filed in Docket DOT-OST-2011-0110.

4

(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 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.

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

force 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.

 

4 We expect this notification to be received within ten (10) days after such non-effectiveness or of such decision.