UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on March 14, 2014

NOTICE OF ACTION TAKEN – DOCKET DOT-OST-2012-0036

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).

Application of Delta Air Lines, Inc. (Delta), filed 1/16/14, for:

XX Renewal of exemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between (1) New York, New 

York, and Cancun, Mexico; (2) Sacramento, California, and Guadalajara, Mexico; (3) Washington, 

DC, and Mexico City, Mexico; and (4) Brownsville, Texas, and Monterrey, Mexico.

1

Applicant representative: Alexander Van der Bellen (202) 842-4184

DOT Analyst: Brett D. Kruger (202) 366-8025

D I S P O S I T I O N

XX Approved (subject to conditions, see below).

XX Granted sua sponte waiver of advance filing requirement under Part 3772

The above action granting exemption authority was effective when taken: March 14, 2014, through

March 14, 2016.

The above action granting a waiver was effective when taken: March 14, 2014.

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.

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 exemption conditions (attached as Appendix A)

Conditions: The U.S.-Mexico exemption authority granted is subject to the dormancy notice requirements set 

forth in condition 7 of Appendix A of Order 88-10-2. 

The exemption authority granted to Delta is limited to services provided on a code-share basis only.

 1 Delta serves these markets by placing its designator code on flights operated by Aerovias de Mexico, S.A. de C.V. and 

Aerolitoral, S.A. de C.V. d/b/a Aeromexico Connect. 2 Delta’s renewal application was not timely filed under the terms of 14 CFR 377.10(c). In the circumstances presented, 

including the absence of opposition to Delta’s application, we will grant the carrier a waiver of the advance filing 

requirement. 
On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found Delta

qualified to provide the exemption 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) 

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, 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