UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on March 16 , 2015



### N OTICE OF ACTION TAKEN

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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 be issued in this matter).

Joint Applicant s : AEROVIAS de ME XICO, S.A. de C.V. (Aeromexico) ; and DELTA AIR LINES, INC. (Delta)

Date Filed: February 18, 2015

Relief Requested: Exemption for Aeromexico pursuant to 49 USC §40109, authori zing Aeromexico to engage in

scheduled fore ign air transportation of persons, property, and mail between Mexico City, Mexico, and Ontario, California

.

Aeromexico further requests a statement of authorization pursuant to 14 CFR Part 212 to permit Aeromexico to display Delta’s “DL” designator code o n flights operated by Aeromexico between Mexico City, Mexico, and Ontario, California

.

Delta requests e xemption authority for two years pursuant to 49 USC §40109, authorizing Delta to engage in scheduled foreign air transportation of persons, property, an d mail by placing its “DL” designator code on flights operat ed by

Aeromexico between Mexico City, Mexico, and Ontario, California

.

The joint applicants further request a waiver of the 45

- day advance filing requirement under 14 CFR Part 212.

Applicant rep resentative s : John R. Mietus, Jr. (Aer omexico ), 202

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- 5212 ; and

Alexander Van der Bellen and Christopher Walker ( Delta ), 202

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DOT analyst: Catherine C Brown , 202

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Responsive pleadings: None

DISPOSITION

Action: Approved ( s ubject to conditions )

Action date: March 16 , 2015

Effective dates of authority granted : The exemption authority granted to Aeromexico is effective March 16 , 2015 through

March 16 , 2016

.

T he statement of authorization granted to Aeromexico is effective March 16 , 2015 , and will remain in effect for an indefinite duration, subject to conditions.

The exemption authority granted to Delta is effective March 16, 2015 , through March 16 , 2017

.

Our action granting a waiver of the 45

- day advance filing requir ement under 14 CFR Part 212 is effective March 16

, 201 5

.

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 foreign air carrier exemption conditions attached as Appendix A ; our standard U.S. carrier exemption conditions attachedas Appendix B ; the codeshare conditions attached as Appendix C ; and, as to the authority granted to A eromexico, to the

otherwise

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

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- 25).

Special conditions/Remarks: The U.S.

- Mexico exemption authority granted to Delta is subject to the dormancy notice requi rements set forth in condition 7 of Appendix A of Order 88

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- 2

.

The exemption authority granted to Delta is limited to services provided on a code

- share basis only.

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 s w ere 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 Poli cy 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 revi ew 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.govAppendix 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 Departm ent;

(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 tha t 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 T ransportation 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 oper ations 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 al so 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 a nd 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 th e 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 o r 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 ma y 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 sc heduled 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 Fed eral 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 r equirements 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 Transpo rtation Security Administration has determined that security is adequate to allow such airport(s) to be served; and

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Depar tment 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.

1/2008Appendix C

The Statement of Authorization is subject to the following conditions:



### (a) The statement of authorization w ill remain in effect only as long as (i) Delta and Aeromexico 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 must notify the Department immediately if the code

- share a greement 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

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( c ) The code

- s haring 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 carrier s, 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 tra nsportation ( 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 un affected ; and that 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 f light prohibition.

( d ) The authority granted here is specifically conditioned so that neither Delta nor Aeromexico shall g ive any force or effect to any contractual provisions between themselves that a re contrary to these conditions;

( e ) We may amend, m odify, or revoke the authority granted at any time wi thout 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 o f 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.