 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on April 6, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20320           

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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 Application of   Delta Air Lines, Inc. (Delta), and Aerovias de
Mexico, S.A. de C.V. (Aeromexico) filed 2/3/05, and supplemented 3/18/05
for:

XX  Statement of authorization for Delta, for indefinite duration under
CFR Part 212 to:

Display Aeromexico’s “AM” designator code on flights operated by
Delta between: (1) the terminal point Atlanta, Georgia, and the terminal
point Cozumel, Mexico; and (2) the terminal point Salt Lake City, Utah,
and the terminal point San Jose del Cabo, Mexico. 

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

Scheduled foreign air transportation of persons, property, and mail
between the terminal point Salt Lake City, Utah, and the terminal point
San Jose del Cabo, Mexico.   Aeromexico intends to provide this service
by placing its code on flights operated by Delta.

Applicant reps: Alexander Van der Bellen, (202) 637-8382 (Delta)  DOT
Analyst: Thuy H. Cooper, 

           John R. Mietus, (202) 861-6466 (Aeromexico)  		              
   202-366-5423

D I S P O S I T I O N

XX	Granted statement of authorization to Delta for Atlanta-Cozumel
market (subject to                  conditions, see below)

XX	Deferred on request for exemption authority to Aeromexico and
statement of authorization  to Delta for Salt Lake City-San Jose del
Cabo market (see footnote 2, below)

The above action granting a statement of authorization to Delta was
effective when taken: April 6, 2005, and will remain in effect
indefinitely, subject to the conditions below.

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.

Conditions:  

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

(a) The statement of authorization will remain in effect only as long as
Delta and Aeromexico continue to hold the underlying authority to
operate the code-share services at issue, and the code-share agreement
providing for the code-share operations remains in effect.

(b) Delta and/or Aeromexico must promptly notify the Department (Office
of International Aviation) if the code-share agreement is no longer
effective 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 OST-2005-20320.)

(c) The code-sharing operations conducted under this authority must
comply with 14 CFR 257 and with any amendment 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 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 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 in this Notice
at any time without hearing at our discretion.

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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:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
http://dms.dot.gov//reports/reports_aviation.asp 

 

 Aeromexico already holds the underlying exemption authority to provide
air transportation of persons, property, and mail in the Atlanta-Cozumel
market (see Notice of Action Taken dated November 24, 2004, in Docket
OST-1999-6366), and has been designated by the Government of Mexico to
provide such services.  Delta also holds the underlying exemption
authority to provide air transportation of persons, property, and mail
in the Atlanta-Cozumel market (see Notice of Action Taken dated October
6, 2004, in Docket OST-2004-19231).

 In their March 18, 2005 supplement, the joint applicants requested that
the Department grant Delta a Statement of Authorization to carry
Aeromexico’s code on Delta’s flights on the Atlanta-Cozumel route,
and defer action on the Salt Lake City-San Jose del Cabo portion of the
application until the requisite Salt Lake City-San Jose del Cabo
designation documents for Aeromexico have been received.

 See note 2, supra.

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

