UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on March 19 , 20 1 3



### NOTICE OF ACTION TAKEN

– DOCKET DOT

- OST

- 20 1 3

- 0052

This serves a s 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); Aerovias de Mexico, S.A. de C.V. (Aeromexi co) ; and Aerolitoral, S.A. de C.V. d/b/a Aeromexico Connect (Aerolitoral) , filed March 14 , 201 3 , 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 on t he following routes:

Atlanta, Georgia

- Toluca, Mexico Houston, Texas

- Monterrey, Mexico

Laredo, Texas

- Mexico City, Mexico Laredo, Texas

- Monterrey, Mexico

Las Vegas, Nevada

- Puerto Peñasco, Mexico Los Angeles, California

- Huatulco, Mexico

Los Angeles, Ca lifornia

- Puerto Peñasco, Mexico Miami, Florida

- Monterrey, Mexico 1

XX Stat ement of authorization for Aeromexico and Aerolitoral under 14 CFR Part 212 to engage in the

f ollowing code

- share service :

Aeromexico and Aerolitoral request a statement of authori zation to permit Aeromexico and/or

Aerolitoral to display Delta’s “DL*” designator code on Aeromexico

- and/or Aerolitoral

- operated flights on the following routes:

Atlanta, Georgia

- Toluca, Mexico Chicago, Illinois

- Durango, Mexico

Houston, Texas

- Monterrey, Mexico Laredo, Texas

- Mexico City, Mexico

Laredo, Texas

- Monterrey, Mexico Las Vegas, Nevada

- Puerto Peñasco, Mexico

Los Angeles, California

- Cancun, Mexico Los Angeles, California

- Hermosillo, Mexico

Los Angeles, California

- Huatulco, Mexico Los Angeles, Calif ornia

- Loreto, Mexico

Los Angeles, California

- La Paz, Mexico Los Angeles, California

- Leon, Mexico

Los Angeles, California

- Ixtapa/Zihuatenejo, Mexico Miami, Florida

- Merida, Mexico

Los Angeles, California

- Puerto Peñasco, Mexico Miami, Florida

- Monterrey, Mexic o San Antonio, Texas

- Mexico City, Mexico San Antonio, Texas

- Monterrey, Mexico 2 3

1 Delta states that it will serve these markets by placing its designator code on Aeromexico and Aerolitoral operated flights

, and requests that the Department issue the necessary code

- sha re notification to th e Government of Mexico. Delta further states that it is not seeking exemption authority for the Los Angeles

- Leon, Los Angeles

- Cancun, Los Angeles

- Hermosillo, Los Angeles

- Ixtapa/Zihuatenejo, Los Angeles

- La Paz, Los Angeles

- Lareto, Miami

- Merida, and San Antonio

- Mexico City

route s because it holds certificate authority to serve the route s by Order 2010

- 3

- 12 ; and Delta is not seeking exemption authority for the Chicago

- Durango and San Antonio

- Monterrey routes because it holds exemption au thority to serve those routes by Notice of Action Taken dated June 15, 2011, in Docket DOT

- OST

- 2011

- 0110.

2 Aeromexico and Aerolitoral request statements of authorization that would permit either or both carriers to begin, end, or resume their display of t he DL* code in the listed markets, provided that the operating carrier holds the necessary operating designation and economic authority from the Department.

3 Aeromexico was previously granted statements of authorization to display the DL* code in the Chic ago

- Durango, Los Angeles

- Leon, Miami

- Merida, San Antonio

- Mexico City, and San Antonio

- Monterrey markets. For administrative convenience, the applicants request that these markets be included in the current requested Aeromexico/Aerolitoral

statement of aut horization.XX Waiver of the 45

- day advance filing requirement under 14 CFR Part 212.

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

- 4184 and John R. Mietus, (Aeromexico and Aerolitoral ) ( 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, s ee below).

XX Approved

, statement s of authorization to Aeromexico and Aerolitoral ( subject to conditions, s ee below).

XX Approved, waiver of 45

- day advance filing requirement under 14 CFR Part 212.

The above action granting exemption authority to Delta was effective when taken: March 19 , 20 1 3

, through

March 19 , 201 5

.

The above acti on granting statement s of authorization to Aeromexico and Aerolirotal was effective: March 19

, 201 3 , and will remain in effect indefinitely, subject to conditions.

The above action granting a waiver of the advance filing requirement under 14 CFR Part 212 was effective:

March 19 , 201 3

.

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 exempte d or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX Delta’s certificates of public convenience and necessity

XX Standard e xemption c onditions (attached as Appendix A )

XX Conditions for statement s of au thorization (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 t o services provided on a code

- share basis only.

Remarks : We note that Delta has conducted safety audit s of Aeromexico and Aerolitoral under the Department’s Code

- Share Safety Audit Program, and the FAA has advised us that it has reviewed the relevant

aud it report s and found them 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) o f 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 re gulations, 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

### A ppendix A U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shal l:

(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 req uirements 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 fo r 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 Adm inistration, 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 com mencing 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 regulatio ns 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

### Appen dix B

The code

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

(a) The statement s of authorization will remain in effect only as long as (i) Delta, Aeromexico , and Aerolitoral 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, Aeromexico, and/or Aerolitoral must promptly notify the Department if the code

- share agreement providing f or 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. 4 Such notice should be filed in Docket DOT

- OST

- 2013

- 0052

. 5

( c ) The code

- sharing operations conducted u nder 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 expre ssly 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 carrie r 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 operat ing 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.

( d ) The a uthority granted here is specifically conditioned so that neither Delta

, Aeromexico , nor Aerolitoral 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 Notwithstanding this condition, w e will grant the joint applicants’ request for flexibility to change operating carriers

, between Aeromexico and Aerolitoral, without notice to the Department, as specified in their application

. See footnote 2,

above.

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

- effectiveness or of such decision.