UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on June 19, 2013

NOTICE OF ACTION TAKEN – DOCKET DOT-OST-2013-0115

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 Application of Aerovias de Mexico, S.A. de C.V. (Aeromexico); Delta Air Lines, Inc. (Delta); and 

ExpressJet Airlines, Inc. (ExpressJet), filed May 30, 2013, for:

XX Exemption for ExpressJet under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and

Leon/Guanajuato, Mexico.

1

XX Exemption for Delta under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and 

Leon/Guanajuato, Mexico.2

XX Exemption for Aeromexico under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and 

Leon/Guanajuato, Mexico, pursuant to Aeromexico’s code-share arrangement with Delta, by 

placing its designator code on flights operated by ExpressJet d/b/a Delta Connection.

XX Statement of authorization for ExpressJet under 14 CFR Part 212 to engage in the following code-share 

service:

ExpressJet requests a statement of authorization to permit ExpressJet to display Aeromexico’s 

“AM*” designator code on ExpressJet-operated flights between Atlanta, Georgia, and 

Leon/Guanajuato, Mexico.

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

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

Gerald F. Murphy (ExpressJet) (202) 624-2500

DOT Analyst: Brett D. Kruger (202) 366-8025

D I S P O S I T I O N

XX Approved, exemption authority to ExpressJet (subject to conditions, see below).

XX Approved, exemption authority to Delta (subject to conditions, see below).

XX Deferred, exemption authority to Aeromexico (see Remarks below).

XX Deferred, statement of authorization to ExpressJet (see Remarks below).

The above action granting exemption authority to ExpressJet was effective when taken: June 19, 2013, through

June 19, 2015.

 1 ExpressJet states that beginning on or about December 19, 2013, it will institute year-round service in the subject markets 

as a Delta Connection carrier, displaying the Delta “DL” designator code.

2 Delta states that it will provide the subject services by displaying its designator code on flights operated by ExpressJet.
The above action granting exemption authority to Delta was effective when taken: June 19, 2013, through

June 19, 2015.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and 

Mexico.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

XX Holders’ certificates of public convenience and necessity

XX Standard U.S. carrier exemption conditions (attached as Appendix A)

Remarks: We will approve the requests of ExpressJet and Delta for exemption authority. We note, however, 

that we have not yet received notification from the Government of Mexico that it has authorized Aeromexico to 

conduct code-share services by displaying its code on ExpressJet flights in the Atlanta-Leon/Guanajuato market. 

Therefore, we will defer action on the request of Aeromexico for exemption authority, and the request of 

ExpressJet for a statement of authorization to display Aeromexico’s code.

Conditions: The U.S.-Mexico exemption authority granted to ExpressJet and Delta is subject to the dormancy 

notice requirements set forth in condition 7 of Appendix A of Order 88-10-2. Consistent with our standard 

policy, the dormancy notice period will begin on December 19, 2013, the carriers’ proposed start-up date for the 

subject services.

The exemption authority granted to Delta is limited to services provided on a code-share basis only.

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the 

applicants qualified to provide the exemption services authorized. 

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) grant of the authority was consistent with the public interest; and (3) 

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 or deferred, 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

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.

 

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