UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on April 11 , 20 1 4



### NOTICE OF ACTION TAKEN

– DOCKET S DOT

- OST

- 2013

- 0114 , 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 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

3/21/14 , for:

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

S cheduled foreign air transportation of persons, property, and mail between Los Angeles,

California , and Leon/Guanajuato , Mexico. 1

XX Stat ement 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” desi gnator code of Aeromexico on flights operated by Delta between 

### Los Angeles, California , and Leon/Guanajuato , Mexico

.

XX Waiver of the 45

- day advance filing requirement under 14 C.F.R. Part 212.

Applicant r ep resentative s: Alexander Van der Bellen (Delta) (202) 842

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, and John R. Mietus, Jr. ( Aeromexico ) ( 202 ) 747

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DOT Analyst: Brett D. Kruger (202) 366

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D I S P O S I T I O N

XX Approved

, exemption authority to Delta ( subject to conditions, s ee below).

XX Deferred

, statement of au thorization to Delta ( see remarks below ).

XX Deferred, waiver of 45

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

The above action granting exemption authority w as effective when taken: April 11 , 2014

, through April 11 , 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.

1 Delta currently holds exemption authority to serve the Los Angele s

- Leon/Guanajuato market on a code

- share only basis on Delta Connection flights operated by SkyWest Airlines, Inc. (SkyWest)

. See Notice of Action Taken dated June 26, 2013, in Docket DOT

- OST

- 2013

- 0114

. Delta states in its application, and subsequently i nformally advised, that it will replace SkyWest’s services in the market on Ju ly 2, 2014.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 e xemption c onditions (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 Los Angeles

- Leon/Guan ajuato market. Therefore, we will defer action on the request of Delta for a statement of authorization to display the Aeromexico code (and the associated waiver request)

. 2

The U.S.

- Mexico exemption authority granted is subject to the dormancy notice req uirements set forth in condition 7 of Appendix A of Order 88

- 10

- 2. Consistent with our standard policy, the dormancy notice period will begin on July 2 , 2014, Delta’s proposed start

- up date for the subject services.

Effective Date for Startup/Designation : Delta may begin marketing and selling the subject services authorized here, but it cannot commence the Los Angeles

- Leon/Guanajuato services until July 2 , 2014. Under

the U.S.

- Mexico aviation agreement, two U.S. carriers may be designated to provide own

- aircraft scheduled foreign air transportation of persons, property, and mail between Los Angeles, California and Leon/Guanajuato, Mexico. Currently United Airlines, Inc. and SkyWest are designated to provide these services. Delta states that it will rep lace the Delta Connection services provided by SkyWest with Delta mainline service beginning July 2 , 2014. Under the circumstances presented in this case, including the fact that no party opposed Delta’s application , we have decided that it is in the pub lic interest to grant Delta’s request for exemption authority. In this regard, we will withdraw the designation of SkyWest effective upon the departure of its last scheduled flight

in the Los Angeles

- Leon/Guanajuato market , but in no case effective later than 11:59 PM on July 1, 2014, and designate Delta for Los Angeles

- Leon/Guanajuato services effective July 2 , 2014.

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

gra nt 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 auth ority 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 s even (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

2 Delta requested such a deferral in these circumstances

. See Application at 3, note 2.

### 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 f rom 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 1 4 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 requ irements 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 appli cable 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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