UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on June 7, 2013

NOTICE OF ACTION TAKEN – DOCKETS DOT-OST-2013-0113 ________________________________________________________________________________________________________________________________

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: AEROVIAS de MEXICO, S.A. de C.V. (Aeromexico) and DELTA AIR LINES, INC. (Delta)

Date Filed: May 29, 2013

Relief requested: Exemption for Aeromexico under 49 USC § 40109 to permit Aeromexico to engage in scheduled 

foreign air transportation of persons, property, and mail between Cancun, Mexico, on the one hand, and Dallas/Ft. Worth 

and Houston, Texas, on the other hand. 

Exemption for Delta under 49 USC § 40109 to permit Delta to engage in scheduled foreign air transportation of persons, 

property, and mail between Cancun, Mexico, on the one hand, and Dallas/Ft. Worth and Houston, Texas, on the other 

hand.

1

 

Aeromexico also requests a statement of authorization pursuant to 14 CFR Part 212 to permit Aeromexico to display 

Delta’s “DL” designator code on Aeromexico flights between Cancun, Mexico, on the one hand, and Dallas/Ft. Worth and 

Houston, Texas, on the other hand.

The joint applicants further request a waiver of the 45-day advance filing requirement under 14 C.F.R. Part 212.

Applicant representatives: John R. Mietus, Jr. (Aeromexico), (202) 747-5212; and

Alexander Van der Bellen (Delta), (202) 842-4184

DOT analyst: Brett D. Kruger, 202-366-8025

Responsive pleadings: None

DISPOSITION

Action: Approved (subject to conditions) Action date: June 7, 20132

Effective dates of authority granted: The exemption authority granted to Aeromexico is effective June 7, 2013, through

June 7, 2014. The exemption authority granted to Delta is effective June 7, 2013, through June 7, 2015. The statement of 

authorization granted to Aeromexico is effective June 7, 2013, and will remain in effect for an indefinite duration, subject 

to conditions. The waiver of the 45-day advance filing requirement under 14 CFR Part 212 is effective June 7, 2013.

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 

foreign air carrier exemption conditions attached as Appendix A, our standard U.S. carrier exemption conditions attached 

as Appendix B, and codeshare conditions attached as Appendix C.

 1 Delta states that it will serve the subject markets by placing its “DL” designator code on flights operated by Aeromexico, and 

requests that the Department issue the necessary code-share notification to the Government of Mexico. 2 We acted on the application without awaiting expiration of the answer period with the consent of all parties served with the 

application.
The U.S.-Mexico exemption authority granted to Delta 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.

We note that Delta has conducted a safety audit of Aeromexico under the Department’s Code-Share Safety Audit 

Program, and the FAA has advised us that it has reviewed the relevant audit report and found it to be acceptable.

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 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, 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

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 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 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 advise 

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 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 Aviation 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 purposes 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 

agreement 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 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) If 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, 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, and 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 explicit Department approval under Title 

49 of the U.S. Code.

12/2007
Appendix B

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 C

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

(a) The statement of authorization for Aeromexico will remain in effect only as long as (i) Aeromexico and Delta 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) Delta and/or Aeromexico, as appropriate, must notify the Department immediately if the code-share agreement under 

which these code-share services are operated is no longer in effect or if the carriers decide to cease operating all or a 

portion of the approved code-share services. Such notice should be filed in Docket DOT-OST-2013-0113;

1

(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 conditioned 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 Delta nor Aeromexico 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.

Persons entitled to petition the Department for review of this action under the Department’s regulations, 14 CFR §385.30, 

should file their petitions within seven days of the date of this action. This action is effective immediately, and the filing 

of a petition for review will not alter its effectiveness.

 1 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.