UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on December 28, 2011

NOTICE OF ACTION TAKEN – DOCKETS DOT-OST-2000-7708 and DOT-OST-1997-3289 ________________________________________________________________________________________________________________________________

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 EXPRESSJET AIRLINES, INC. (f/k/a 

ATLANTIC SOUTHEAST AIRLINES, INC.)

1

Date Filed: December 19, 2011

Relief requested: Renewal of exemption from 49 USC § 41301 to permit Aeromexico to engage in scheduled foreign air 

transportation of persons, property, and mail between Detroit, Michigan and Monterrey, Mexico by displaying its “AM” 

designator code on flights operated by Pinnacle Airlines, Inc. (Pinnacle), and amendment of that exemption to also permit 

Aeromexico to engage in scheduled foreign air transportation on the Detroit-Monterrey route by displaying its “AM” 

designator code on flights operated by Atlantic Southeast Airlines, Inc. (ASA) as Delta Connection.

Statement of authorization pursuant to 14 C.F.R. Part 212, to allow ASA to display Aeromexico’s “AM” designator code 

on Delta Connection flights that ASA operates between Detroit, Michigan and Atlanta, Georgia, on the one hand, and 

Monterrey, Mexico, on the other hand. 

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

If renewal, date and citation of last action: February 25, 2011, in these Dockets.2

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

Gerald F. Murphy (ASA), (202) 624-2500

DOT analyst: Robert J. Finamore, 202-366-2405

Responsive pleadings: None

DISPOSITION

Action: Approved, subject to attached conditions; see also footnote 1, below.

Action date: December 28, 2011

 1 The joint applicants state that, effective January 1, 2012, Atlantic Southeast Airlines, Inc. will have acquired and been merged with 

ExpressJet Airlines, Inc. (ExpressJet), and will also formally have changed its name to “ExpressJet Airlines, Inc.” The joint applicants 

ask that the requested authorities be issued in the name of ExpressJet Airlines, Inc. (f/k/a Atlantic Southeast Airlines, Inc.). We will 

grant the request as the Department orally approved the request for registration of name change and trade names on a pendente lite

basis, effective December 27, 2011, in Docket DOT-OST-2011-0232. 2 Our February 25, 2011 action also granted to Aeromexico: 1) exemption authority to the extent necessary to permit it to engage in 

scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, on the one hand, and Monterrey, 

Cozumel, and Guadalajara, Mexico, on the other hand, by displaying its “AM” designator code on flights operated by Pinnacle; 

2) exemption authority to the extent necessary to permit it to engage in scheduled foreign air transportation of persons, property, and 

mail between its 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 points in the U.S. on flights operated by Pinnacle; and 3) a 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 its blind-sector code-share services on Pinnacle’s U.S.-Canada operations. These authorities are currently

in effect through February 25, 2012, and may be renewed.
Effective dates of authority granted: Our action granting renewal and amendment of Aeromexico’s Detroit-Monterrey 

exemption authority is effective December 28, 2011, through December 28, 2012. The statement of authorization granted 

to ASA is effective December 28, 2011, and will remain in effect for an indefinite duration, subject to conditions. Our 

action granting the request of the joint applicants for waiver of the 45-day advance filing requirement under 14 C.F.R. 

Part 212 is effective December 28, 2011.

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, and code-share conditions attached as Appendix B.

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 Dockets. 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

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

(a) The statement of authorization for ExpressJet will remain in effect only as long as (i) ExpressJet and Aeromexico

continue to hold the necessary underlying authority to operate the code-share services at issue, and (ii) the codeshare agreement providing for the code-share operations remains in effect;

(b) ExpressJet, 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 Dockets DOT-OST-2000-

7708 and DOT-OST-1997-3289;

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 ExpressJet, 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.