Notice2024-02976

Joint Application of Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V. for Approval of and Antitrust Immunity for Alliance Agreements

Primary source

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Published
February 14, 2024

Issuing agencies

Transportation DepartmentTransportation Department

Abstract

The United States Department of Transportation is required to give notice in the Federal Register that it has issued an Order to Show Cause tentatively dismissing without prejudice the application of Delta Air Lines ("Delta") and Aerovias de Mexico, S.A. ("Aeromexico") (collectively the "Joint Applicants") to renew the Department's approval and grant of antitrust immunity ("ATI") for their Joint Cooperation Agreement ("JCA") and alliance agreements. Subsequently, upon motion of the Joint Applicants, the Department issued an Order extending the comment period. Interested stakeholders are invited to submit comments on the tentative decision.

Full Text

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<title>Federal Register, Volume 89 Issue 31 (Wednesday, February 14, 2024)</title>
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[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Notices]
[Pages 11338-11339]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02976]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. DOT-OST-2015-0070]


Joint Application of Delta Air Lines, Inc. and Aerovias de 
Mexico, S.A. de C.V. for Approval of and Antitrust Immunity for 
Alliance Agreements

AGENCY: Office of the Secretary of Transportation (OST), Department of 
Transportation (DOT).

ACTION: Notice of order to show cause and order extending comment 
period.

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SUMMARY: The United States Department of Transportation is required to 
give notice in the Federal Register that it has issued an Order to Show 
Cause tentatively dismissing without prejudice the application of Delta 
Air Lines (``Delta'') and Aerovias de Mexico, S.A. (``Aeromexico'') 
(collectively the ``Joint Applicants'') to renew the Department's 
approval and grant of antitrust immunity (``ATI'') for their Joint 
Cooperation Agreement (``JCA'') and alliance agreements. Subsequently, 
upon motion of the Joint Applicants, the Department issued an Order 
extending the comment period. Interested stakeholders are invited to 
submit comments on the tentative decision.

DATES: Objections or comments to the Department's tentative findings 
and conclusions were initially due no later than 14 calendar days from 
the service date of the Order (i.e., February 9, 2024), and answers to 
objections were to be due no later than seven (7) business days 
thereafter (i.e., February 21, 2024). In a subsequent motion, the Joint 
Applicants petitioned for an extension of the comment period. The 
Department partially granted the request; objections or comments to the 
Department's tentative findings are now due no later than February 23, 
2024, and answers to objections are now due no later than March 5, 
2024. If no objections are filed, all further procedural steps shall be 
deemed waived, and we may enter an order making final our tentative 
findings and conclusions.

ADDRESSES: You may send comments, identified by docket number DOT-OST-
2015-0070, via the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for sending comments. In 
addition, comments must be properly served on all interested parties in 
accordance with the Department's procedural regulations (14 CFR part 
302).

FOR FURTHER INFORMATION CONTACT: Jason Horner, Transportation Industry

[[Page 11339]]

Analyst, Office of Aviation Analysis, 1200 New Jersey Ave. SE, 
Washington, DC 20590; telephone (202) 366-5903; email 
<a href="/cdn-cgi/l/email-protection#ddb7bcaeb2b3f3b5b2afb3b8af9db9b2a9f3bab2ab"><span class="__cf_email__" data-cfemail="5832392b37367630372a363d2a183c372c763f372e">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 14 CFR 303.43 requires that ``[n]otice to 
the public of any . . . order to show cause concerning an application 
shall be made by publication in the Federal Register.'' Accordingly, 
through this Federal Register Notice, the Department gives ``notice to 
the public'' that on January 26, 2024, the Department issued an Order 
to Show Cause (Order 2024-1-17, ``Show Cause Order'') tentatively 
dismissing without prejudice the application of Delta and Aeromexico to 
renew the Department's approval and grant of antitrust immunity 
(``ATI'') for their Joint Cooperation Agreement. On January 29, 2024, 
the Joint Applicants petitioned the Department for additional time for 
objections and comments to the Show Cause Order. On February 7, 2024, 
the Department issued an Order Extending Comment Period (Order 2024-2-
6, ``Order Extending Comment Period'') by two weeks.
    The Show Cause Order and the Order Extending Comment Period have 
both been posted in docket DOT-OST-2015-0070 at <a href="http://www.regulations.gov">www.regulations.gov</a>. 
The Show Cause Order directs all interested persons to show cause why 
we should not issue an order making final our tentative findings and 
conclusions discussed therein. Objections or comments to our tentative 
findings and conclusions shall now, pursuant to the Joint Applicant's 
motion and a subsequent Order by the Department, be due no later than 
28 calendar days from the service date of the Order (i.e., February 23, 
2024), and answers to objections shall be due no later than seven (7) 
business days thereafter (i.e., March 5, 2024). If no objections are 
filed, all further procedural steps shall be deemed waived, and we may 
enter an order making final our tentative findings and conclusions.

    Dated: February 8, 2024.
Todd Homan,
Director, Office of Aviation Analysis, U.S. Department of 
Transportation.
[FR Doc. 2024-02976 Filed 2-13-24; 8:45 am]
BILLING CODE 4910-9X-P


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Indexed from Federal Register on February 14, 2024.

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