UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on January 16 , 2015



### NOTICE OF ACTION TAKEN

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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 matte r).

Joint Applicant s : A BC AEROLINEAS , S.A. de C.V. D/B/A Interjet ( Interjet ) and

AMERICAN AIR LINES , INC. ( American ) 1

Date Filed: December 18, 2014

Relief requested: Exemption under 49 USC § 4 0109 to permit American to the extent necessary to provide scheduled foreign air transportation of persons, property, and mail between points in the United States and points within Mexico beyond American’s authorized Mexican gateway points for transborder services, for the purpose of blind

- sector
code

- sh aring services between the Mexican gateway points and other points within Mexico on services operated by Interjet

.

Statement of authorization under 14 CFR Part 212 to permit Interjet to display the “AA ” designator code of American on all flights operated by Interjet within Mexico beyond American’s authorized Mexican gateways. 2

Applicant representative s : Howard Kass, Robert A. Wirick, and Abigail Donovan, (202) 326

- 5153 (American ) & Moffett B. Roller, 202

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- 3300 ( Interjet )

DOT analyst: Robert J. Fina more, 202

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- 2405

Responsive pleadings: None

DISPOSITION

Action: Approved Action date: January 16 , 201 5

Effective dates of authority granted: American ’s exemption authority is effective from January 16 , 201 5 , through January

16 , 2017

. Th e statement of authorization granted to Interjet is effective January 16 , 201 5 , and will remain in effect indefinitely , subject to conditions

.

Basis for approval (bilateral agreement/reciprocity): United States

- Mexico Air Transport Services Agreement

.

Ex cept to the extent exempted/waive d , this authority is subject to the terms, conditions, and limitations of our standard exemption and code

- share conditions (attached as Appendices A and B ). In addition, Interjet shall adhere to the otherwise applicable te rms, conditions, and limitations of its foreign air carrier permit (Order 2008

- 10

- 30 ) and American shall adhere

to the otherwise applicable terms, conditions, and limitations of its c ertificate s of p ublic c onvenience and n ecessity

.

Special conditions/Rema rks: T he U.S.

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

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- 2, and is limited to code

- share services only.

We note that American has conducted a code

- share safety audit of Interjet under the Department’s code

- share safety audit program and the Federal Aviation Administration has advised the Department that it has reviewed the relevant audit report and found it to be acceptable.

1 The Joint Applicants state that the term “American” includes American’s affiliat e Envoy Air, Inc., formerly known as American Eagle Airlines, Inc.

2 See Appendix C for initial code

- share routes.Action taken by: Pa ul L. Gretch, Director Office of International Aviation

_________________________________________________________ ___________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found t hat (1) our action was consistent with Department policy; (2) the applicant s w ere qualified to perform their proposed operations; (3) grant of the authority was consistent with the public interest; and (4) grant of the authority would not constitute a majo r 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 with out 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 t his 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://w ww.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 all applicable U.S. Government requirements concerning security, including, but not l imited 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 Sec urity 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, condition s, 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 gra nted shall be effective only during the period when the holder is in compliance with the conditions imposed above.

1/2008Appendix 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) Interjet and American 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) Interjet and/or American must promptly notify the Department if the code

- share agreement providing

for the code

- share operations is no longer effective or the carriers decide to cease operating a ny or all of the approved code

- share services. We expect this notification to be received within 10 days of such non

effectiveness or of such decision. Such notices should be filed in docket DOT

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(c) Interjet and/or American must notif y the Department no later than 30 days before they begin any new

code

- share service under the code

- share services authorized here. Such notice shall identify the market(s) to be served and the date on which the service will begin. Such notices should be filed in Docket DOT

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( d ) The code

- sharing operations conducted under this authority must comply with 14 C.F.R. Part 257 and with any amendments to the Department’s regulations concerning code

- share arrangements that may be adopted. Notwi thstanding 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 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; th at the passenger liability of the operating carrier be unaffected ; and the operating 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 airspac e the Federal Aviation Administration has issued a flight prohibiti on.

(e ) The authority granted here is specifically conditioned so that neither Interjet n or American shall give any force or effect to any contractual provisions between them selves that are contrary to these conditions.

We may amend, modify, or revoke this authority at any time without hearing, at our discretion.Appendix C