UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on April 15, 2014

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

3/31/14, for:

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

Scheduled foreign air transportation of persons, property, and mail between (1) New York, New 

York, and San Jose del Cabo, Mexico; (2) San Diego, California, and San Jose del Cabo, Mexico; 

and (3) Los Angeles, California, and Mazatlan, Mexico.

1

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

Scheduled foreign air transportation of persons, property, and mail between (1) San Diego, 

California, and San Jose del Cabo, Mexico; and (2) Los Angeles, California, and Mazatlan, Mexico, 

by placing its designator code on flights operated by Delta.

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

Delta requests a statement of authorization pursuant to 14 C.F.R. Part 212 to permit Delta to display the

“AM” designator code of Aeromexico on flights operated by Delta between (1) New York, New York, and 

San Jose del Cabo, Mexico;2 (2) San Diego, California, and San Jose del Cabo, Mexico; and 

(3) Los Angeles, California, and Mazatlan, Mexico.

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

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

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 remarks below).

XX Deferred, exemption authority to Aeromexico (see remarks below).

XX Approved in part, statement of authorization to Delta (to display the “AM” code on New York-San 

Jose del Cabo flights), remainder deferred (to display the “AM” code on San Diego-San Jose del Cabo 

and Los Angeles-Mazatlan flights, see remarks below).

The above action granting exemption authority to Delta was effective when taken: April 15, 2014, through 

April 15, 2016. 

 1 Delta states that it will begin seasonal service in the subject markets beginning December 20, 2014. 2 Aeromexico holds separate exemption authority to conduct services in the New York-San Jose del Cabo market. See 

Notice of Action Taken dated July 22, 2013, in Docket DOT-OST-2013-0133.
The above action granting a statement of authorization for Delta to display the “AM” code in the New York-San

Jose del Cabo market was effective: April 15, 2014, and will remain in effect indefinitely, subject to conditions.

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 Delta’s certificates of public convenience and necessity

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

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

Remarks/Conditions: We will approve the request of Delta for exemption authority. We will also approve the 

request of Delta for a statement of authorization to display the “AM” designator code of Aeromexico on Delta 

flights between New York and San Jose del Cabo. 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 Delta flights in the San Diego-San Jose del Cabo and Los Angeles-Mazatlan markets. Therefore, we 

will defer action on the request of Aeromexico for exemption authority, and the corresponding request of Delta 

for a statement of authorization to display the Aeromexico code in the San Diego-San Jose del Cabo and Los 

Angeles-Mazatlan markets.

3

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, and the notice requirements for seasonal/intermittent services as 

set forth in Order 96-11-24, at 5. Consistent with our standard policy, the dormancy notice period will begin on 

December 20, 2014, Delta’s proposed start-up date for the subject services.

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

parties served.

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 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:

http://www.regulations.gov

 3 Delta requested such a deferral in these circumstances. See Application at 4, note 1.
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 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-2014-0045.

4

(c) 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; and that the passenger liability of the operating carrier 

be unaffected.

(d) 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.