UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on February 8 , 2013



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2012

- 0211

________________________________________________________________________________________________ ________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be i ssued in this matter).

Joint Applicant s : AEROVIAS de MEXICO, S.A. de C.V. (Aeromexico) and AEROLITORAL, S.A. de C.V. D/B/A AEROMEXICO CONNECT (Aerolitoral)

Date Filed: December 18, 2012

Relief requested: 1) E xemption from 49 USC § 40109 for one year to permit Aerolitoral to engage in scheduled foreign air transportation of persons, property, and mail between Toluca, Mexico and Atlanta, G eorgia ; 2) E xemption from 49 USC §40109 for one year to permit Aeromexico to engage in scheduled foreign air transportation of persons, property,

and mail between Toluca and Atlanta on a code

- share basis with Aerolitoral , on flights operated by Aerolitoral ; and 3) Statement of authorization under 14 CFR Part 212 to permit Aero litoral to display the “AM” designator code of

Aeromexico on flights operated by Aerolitoral between Toluca and Atlanta

.
Applicant representative: John Mietus , 202

- 747

- 5212 DOT analyst: Darren Jaffe, 202

- 366

- 2512

Responsive pleadings: None.

DISPOSITION Action: Approved. A ction date: February 8

, 20 1 3

Effective dates of authority granted: The exemption authority granted to Aeromexico and Aerolitoral i s effective February 8 , 2013 , through February 8 , 2014

. The statement of authorization granted to Aerolitoral is effective February 8 , 2013

, and shall remain in effect for an indefinite period.

Basis for approval (bil ateral agreement/reciprocity): United States

- Mexico A ir Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption and code

- share conditions (attached), and to the otherwise

- applicabl e terms, conditions, and limitations of Aeromexico’s foreign air carrier permit (Order 91

- 5

- 25).

Special conditions/Remarks: The exemption authority granted to Aeromexico is limited to operations conducted only

on a code

- share basis with Aerolitoral , on flights operated by Aerolitoral

.

Action taken by: Paul L. Gretch, Director, Office of International Aviation

_____________________________________________________________________________________________________ Under authority assigned by the De partment in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) the applicant s were qualified to perform the proposed operations; (3) grant of the authority was consistent with the public interest; and (4) 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/deferred/dismissed, 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 regulati ons, 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 a t: http://www.regulations.gov

### Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security

Ad ministration, and with all applicable U.S. Government requirements concerning security, including, but not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all applicable U.S. Government requi rements concerning security, the holder shall, before commencing any new service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the United States,

contact its International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise the I IR 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 ;

(3 ) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal A viation Administration’s Program Management Branch (AFS

- 260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the p urposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international

agre ement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except

that all States shall be consid ered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland;

(9) Comply with the requirements of 14 CFR Pa rt 217, concerning the reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's rules governing charters (including 1 4 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, an d with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without expl icit Department approval

under Title 49 of the U.S. Code.

12/2007The Statement of Authorization granted is subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as Aeromexico and Aerolito ral continue to hold the underlying authority to operate the code

- share services at issue, and the code

- share agreement providing for the

code

- share operations remains in effect.

(b) Aeromexico and/or Aerolitoral must promptly notify the Department if the code

- share agreement is no longer effective or if the carriers decide to cease operating all or a portion of the approved code

- share services. 1 (Such notice

should be filed in Docket OST

- 2012

- 0211 .)

(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 condi tioned 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 Aeromexico nor Aerolitoral shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions.

(e) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

1 We expect this notification to be received within 10 days of such non

- effectiveness or of such decision.