UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on March 5 , 201 4

NOTICE OF ACTION TAKEN

-- DOCKET S DOT

- OST

- 201 4

- 0015 , DOT

- OST

- 1997

- 3289 and

DOT

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_________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official

in dicated (no additional confirming order will be issued in this matter).

Joint Application of D elta Air Lines , I nc . (Delta) ; and Aerovias de Mexico, S.A. de C.V. (Aeromexico)

, filed 2/4/14

, as amended 2/6/14

, for:

1. Docket DOT

- OST

- 2014

- 0015

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 Seattle, Washington

, and San Jose del Cabo , Mexico

. 1

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 Seattle, Washington, and San Jose del Cabo, Mexico.

XX Waiver of the 45

- day advance filing requirement under 14 C

. F

. R

. Part 212.

2. Dockets DOT

- OST

- 1997

- 3289 and DOT

- OST

- 2000

- 7708

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

Scheduled foreign air transportation of persons, property, and mail on a code

- share basis on flights operated by Delta between Seattle, Washington, and San Jose del Cabo, Mexico.

App licant rep resentatives : Alexande r Van der Bellen (Delta) (202) 842

- 4184, and John R. Mietus (Aeromexico) (202) 747

- 5212

DOT Analyst: Brett 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 Deferred , exemption authority to Aeromexico (see r emarks below)

XX Deferred , statement of authorization to Delta (see remarks below)

XX Deferred , waiver of 45

- day advance filing requirement under 14 CFR Part 212 (see remarks below)

1 Delta proposes to commence seasonal service , and will display the “AM” designator code of Aeromexico, on the

Seattle

- San Jose del Cabo ro ute on or about December 20, 2014

.The above action granting exemption authority to De l ta was effective when taken: March 5 , 201 4

, through March 5 , 2016

.

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)

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

- San Jose del Cabo market. Therefore, we will defer action on the request of Aeromexico for exemption authority

an d the request of Delta for a statement of authorization to display the Aeromexico code (and the associated waiver request) , consistent with the applicants’ request

.

The U.S.

- Mexico exemption authority granted to Delta 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 n otice period will begin on December 20, 2014

, the date on which Delta proposes to commence the subject

service

.

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 Docket. We may amend, mo dify, 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 W orld Wide Web at: www.regulations.govAPPENDIX 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 al l 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 suc h airport(s) to be served; and

(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. age ncies 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.

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