 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on February 15, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20319

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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).

Applicant:  AEROVIAS de MEXICO, S.A. de C.V.                            
                          Date Filed: February 3, 2005

Relief requested:  Statement of Authorization under 14 CFR Part 212 to
permit Aeromexico to carry Mexicana’s designator code on
Aeromexico’s scheduled flights between Monterrey, Mexico, and Las
Vegas, Nevada.

If renewal, date and citation of last action:  New authority.

Applicant representative:  John R. Mietus, Jr., 202-861-6466      DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.                                                      
                                             Action date:  February 15,
2005

Effective date of authority granted:  The Statement of Authorization is
effective February 15, 2005, for an indefinite duration (see conditions
below).

Basis for approval:  United States-Mexico Air Transport Services
Agreement.

Remarks/Conditions:  The code-share operations are subject to the
following conditions – a) the Statement of Authorizations will remain
in effect only as long as (i) Aeromexico and Mexicana 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 Mexicana 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code-share services are operated is no longer in effect, or if the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 any portion of the code-share
services under the agreement.  We expect this notification to be
received within ten days of such non-effectiveness or of such decision. 
This notice should be filed in Docket OST-2005-20319.  c) The
code-sharing operations conducted under this authority must comply with
14 CFR Part 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 subject air
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 the service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(that is, 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 the subject foreign air
carriers shall not give any force or effect to any contractual
provisions between themselves that are contrary to these conditions.

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation	

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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 applicant was qualified to perform 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 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://dms.dot.gov//reports/reports_aviation.asp

