UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on February 11 , 2011



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

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- 26968

_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional

co nfirming order will be issued in this matter).

A pplicant: AEROVIAS de MEXICO , S.A. de C.V. ( Aeromexico ) Date Filed: January 24, 2011

Relief requested: Renewal of e xemption from 49 USC § 41301 to permit the applicant to conduct scheduled foreign air transportation of persons, property, and mail between Acapulco, Mexico, and New York , NY /Newark , NJ. The applicant states that it operates th is service pursuant to its code

- share arrangement with Delta Air Lines, Inc. (Delta).

If r enewal, date and citation of last action: March 5, 2010 , in this Docket

. 1

Applicant representative: William C. Evans, 410

- 827

- 5074 DOT analyst: Robert J. Finamore, 202

- 366

- 2405

Responsive pleadings: None

DISPOSITION

Action: Approved

. Action date: February 11 , 2011

Effective dates of authority granted: February 11 , 2011 , through February 11

, 201 2

.

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

- Mexico Air Transport Services Agreement

.

Except to the extent exempted/waive d , this authority is subject to the terms, conditions, and limitations of our standard exemption conditions (attached) , and to the otherwise applicable terms, conditions, and limitations of Aeromexico’s foreign air carrier permit (Ord er 91

- 5

- 25)

.

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

- share basis with Delta, on flights operated by Delta

.

Action taken by: Paul L. Gretch, Director Office 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 applicant was qualified to perform its proposed operations; (3) grant of the authority was consist ent 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.

Perso ns 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 effectiv e 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

1 Our March 5, 2010 action also granted Aeromexico authority to serve the Atlanta

- Acapulco, Atlanta

- Ixtapa/Zihuatenejo,

Atlanta

- Puerta Vallarta, Los Angeles

- Acapulco, Los Angeles

- Cancun, and Los Angeles

- Ixtapa/Zihuatenejo markets pursuant to its

code

- shar e arrangement with Delta . Aeromexico is not seeking to re new its authority to serve those route s in this application.

### 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 Administration, and with all applicable U.S. Government requirements concerning se curity, 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 requirements 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 ad vise

the IIR 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 C FR 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 Aviation Administration’s Program Management Branch (AFS

- 260), Flight

Standards S ervice (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, co ncerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings ins tituted 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 agreement or treaty cognizable in any court or other tribunal of the United States. In thi s condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered 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 Part 217, concerning the reporting of scheduled, nonscheduled, and charter data;

(10) I f charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, condition s, 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, and with all applicable laws of the United States.

This authority shall not be effectiv e 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 explicit Department approval under

Title 49 of the U.S. Code.

12/2007