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 -- DOCKET DOT-OST-2014-0227 ________________________________________________________________________________________________________________________________

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 Applicants: ABC AEROLINEAS, S.A. de C.V. D/B/A Interjet (Interjet) and

 AMERICAN AIRLINES, INC. (American)

1

Date Filed: December 18, 2014

Relief requested: Exemption under 49 USC §40109 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-sharing 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 representatives: Howard Kass, Robert A. Wirick, and Abigail Donovan, (202) 326-5153 (American) & Moffett 

B. Roller, 202-331-3300 (Interjet)

DOT analyst: Robert J. Finamore, 202-366-2405

Responsive pleadings: None

DISPOSITION

Action: Approved Action date: January 16, 2015

Effective dates of authority granted: American’s exemption authority is effective from January 16, 2015, through January 

16, 2017. The statement of authorization granted to Interjet is effective January 16, 2015, and will remain in effect 

indefinitely, subject to conditions.

Basis for approval (bilateral agreement/reciprocity): United States-Mexico Air 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 as Appendices A and B). In addition, Interjet shall adhere to the otherwise 

applicable terms, 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 certificates of public convenience and necessity.

Special conditions/Remarks: The 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 88-10-2, 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 affiliate Envoy Air, Inc., formerly known as American 

Eagle Airlines, Inc.

2 See Appendix C for initial code-share routes.
Action taken by: Paul L. Gretch, DirectorOffice of International Aviation

____________________________________________________________________________________________________________

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) the applicants were 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 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 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 World Wide Web at:

http://www.regulations.gov
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 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 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 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
Appendix B

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

 (a) The statements 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 any or all of 

the approved code-share services. We expect this notification to be received within 10 days of such noneffectiveness or of such decision. Such notices should be filed in docket DOT-OST-2014-0227.

(c) Interjet and/or American must notify 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 DOTOST-2014-0227.

(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. Notwithstanding 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; that 

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 airspace the Federal Aviation Administration has issued a flight prohibition.

 (e) The authority granted here is specifically conditioned so that neither Interjet nor American shall give 

any force or effect to any contractual provisions between themselves that are contrary to these conditions.

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