UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on November 18

, 20 1 3



### N OTICE OF ACTION TAKEN

– DOCKET S DOT

- OST

- 1997

- 3289 and DOT

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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 b e issued in this matter).

Applicant: AEROVIAS de MEXICO, S.A. de C.V. (Aeromexico ) Date Filed: September 20, 2013

Relief requested: Renewal of exemption from 49 USC §41301 to permit the applicant to conduct scheduled foreign air transportation of persons, property, and mail by displaying its “AM” designator code on flights operated by Endeavor Air, Inc. (Endeavor): 1 1) between Atlanta, Georgia, on the one hand, and Monterrey, Cozumel, and Guadalajara, Mexico, on the other; and 2) between Aerome xico’s authorized U.S. gateway points and other points within the U.S. for the purpose

of blind

- sector code

- sharing services between the U.S. gateway points and other U.S. points.

Aeromexico also seeks renewal of its special authorization pursuant to 14 C .F.R. Part 216 to permit it to commingle traffic not moving in foreign air transportation between Mexico and Canada on the same services that carry traffic in foreign air transportation between Mexico and the United States and between the United States and Canada, in conjunction with Aeromexico blind

- sector code

- share services on Endeavor’s U.S.

- Canada operations.

If renewal, date and citation of last action: September 26, 2012, in this Docket.

Applicant representative s : John R. Mietus, Jr., 202

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- 52 12 DOT analyst: Brett D. Kruger , 202

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Responsive pleadings: None

DISPOSITION

Action: Approved

. Action date: November 18 , 2013

Effective dates of authority granted : November 18 , 2013, through November 18 , 2014

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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 conditions (attached), and to the otherwise

- applicable terms, conditions, and limitations of Aeromexico’s foreign air carrier permit (Order 91

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- 25).

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 w ith Department policy; (2) the applicant was qualified to p erform its 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 an d Conservation Act of 1975. To the extent not grant ed, we denied all requests in the referenced Docket s . 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 th is 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 effec tiveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

1 Endeavor was previously registered as Pinnacle Airlines, Inc. and has registered a name change with the D epartment

. In this regard,

see Order 2013

- 7

- 2, reissuing Pinnacle’s certificates in the Endeavor name

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### Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign c arrier 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 requi rements 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 depar ture 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 d etermined 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 internat ional 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 un der 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 t he 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 d efined 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 agreem ent, 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. Moreov er, this authority cannot be sold or otherwise transferred without explicit Department approval under Title

49 of the U.S. Code.

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