UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on March 18, 2013

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0135 ________________________________________________________________________________________________________

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).

Joints Applicants: Delta Air Lines, Inc. (Delta), Aerovias de Mexico, S.A. de C.V. (Aeromexico), and Aerolitoral, S.A. 

de C.V. d/b/a Aeromexico Connect (Aerolitoral) 

Date Filed: August 9, 2012

Relief requested:

1. Exemption for Aeromexico under 49 U.S.C. § 40109 to engage in scheduled foreign air transportation of persons, 

property and mail, on a code-share only basis with Delta, in the following markets:

Columbus, Ohio-Cancun, Mexico Minneapolis/St. Paul, Minnesota-Mazatlan, Mexico

Detroit, Michigan-Cozumel, Mexico Minneapolis/St. Paul, Minnesota-Puerto Vallarta, Mexico

Detroit, Michigan-Puerto Vallarta, Mexico Minneapolis/St. Paul, Minnesota-San Jose del Cabo, Mexico

Detroit, Michigan-San Jose del Cabo, Mexico Minneapolis/St. Paul, Minnesota-Ixtapa/Zihuatenejo, Mexico

Indianapolis, Indiana-Cancun, Mexico Nashville, Tennessee-Cancun, Mexico

Milwaukee, Wisconsin-Cancun, Mexico Tampa, Florida-Cancun, Mexico

Minneapolis/St. Paul, Minnesota-Cozumel, Mexico

2. Exemption for Delta under 49 U.S.C. § 40109 to engage in scheduled foreign air transportation of persons, property, and 

mail, on a code-share only basis with Aeromexico, in the following markets:

Chicago, Illinois-Monterrey, Mexico Las Vegas, Nevada-Guadalajara, Mexico

Chicago, Illinois-Zacatecas, Mexico Miami, Florida-Cancun, Mexico

Dallas/Ft. Worth, Texas-Mexico City Mexico

3. Statement of authorization for Delta under 14 C.F.R. Part 212 to permit Delta to display Aeromexico’s “AM*” 

designator code on Delta-operated flights in the following markets:

Columbus, Ohio-Cancun, Mexico Minneapolis/St. Paul, Minnesota-Mazatlan, Mexico

Detroit, Michigan-Cozumel, Mexico Minneapolis/St. Paul, Minnesota-Puerto Vallarta, Mexico

Detroit, Michigan-Puerto Vallarta, Mexico Minneapolis/St. Paul, Minnesota-San Jose del Cabo, Mexico

Detroit, Michigan-San Jose del Cabo, Mexico Minneapolis/St. Paul, Minnesota-Ixtapa/Zihuatenejo, Mexico

Indianapolis, Indiana-Cancun, Mexico Nashville, Tennessee-Cancun, Mexico

Milwaukee, Wisconsin-Cancun, Mexico Tampa, Florida-Cancun, Mexico

Minneapolis/St. Paul, Minnesota-Cozumel, Mexico

4. Statement of authorization for Aeromexico under 14 C.F.R. Part 212 to permit Aeromexico to display Delta’s “DL*” 

designator code on Aeromexico-operated flights in the following markets:

Chicago, Illinois-Monterrey, Mexico Las Vegas, Nevada-Guadalajara, Mexico

Chicago, Illinois-Zacatecas, Mexico Miami, Florida-Cancun, Mexico
5. Statement of authorization for Aerolitoral under 14 C.F.R. Part 212 to permit Aerolitoral to display Delta’s “DL*” 

designator code on Aerolitoral-operated flights in the following markets:

Atlanta, Georgia-Mexico City, Mexico

Dallas/Ft. Worth-Mexico City, Mexico

Phoenix, Arizona-Hermosillo, Mexico

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

John R. Mietus, Jr., 202-747-5212 (Aeromexico and Aerolitoral)

DOT analyst: Darren Jaffe, 202-366-2512

Responsive pleadings: None.

DISPOSITION

Action: Approved in part (Aeromexico’s request for code-share only exemption authority and Delta’s request for a statement 

of authorization as specified in paragraphs (1) and (3) above), remainder deferred (Delta’s request for code-share only 

exemption and Aeromexico’s and Aerolitoral’s requests for statements of authorization as specified in paragraphs (2), (4), 

and (5) above).1

 

Action date: March 18, 2013

Effective dates of authority granted: The exemption authority granted to Aeromexico is effective March 18, 2013, through

March 18, 2014. The statement of authorization granted to Delta is effective March 18, 2013, and shall remain in effect for 

an indefinite period, subject to conditions. 

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 and code-share conditions (attached as Appendices A and B, respectively), and to the 

otherwise-applicable terms, conditions, and limitations of Aeromexico’s foreign air carrier permit (Order 91-5-25).

Special conditions/Remarks: The exemption authority granted to Aeromexico is limited to services provided on a code-share 

basis with Delta, only on flights operated by Delta.

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 the 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/deferred/dismissed, 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

 1 The joint applicants informally requested that the Department defer action on the portions of their request for code-share exemption 

authority for Delta and statements of authorization for Aeromexico and Aerolitoral. 
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 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) Aeromexico and/or Delta, 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-2012-0135;

2

(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; that the passenger liability of 

the operating carrier be unaffected; 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 flight prohibition.

(d) The authority granted here is specifically conditioned so that neither Aeromexico nor Delta 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.

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