BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

) DOCKETS

AEROVIAS DE MEXICO, S.A. DE C.V. ) OST-1996-1303 / 1304

) OST-1999-5716

for renewal of exemption authority ) OST-2006-24083

(Mexico-U.S. markets) ) OST-2011-0042

__________________________________________)

APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V.

FOR RENEWAL OF EXEMPTIONS

Communications with respect to this document should be sent to:

John R. Mietus, Jr.

Law Office of John Mietus, LLC

6701 Democracy Blvd., Suite 300

Bethesda, MD 20817-7500

(202) 747-5212

john@mietuslaw.com

Counsel for AEROVIAS DE MEXICO,

S.A. DE C.V.

NOTICE: Any person may support or oppose this application by filing an 

answer and serving a copy of the answer on counsel for 

Aeromexico and upon persons served with this application no 

later than April 13, 2015.

March 27, 2015
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

) DOCKETS

AEROVIAS DE MEXICO, S.A. DE C.V. ) OST-1996-1303 / 1304

) OST-1999-5716

for renewal of exemption authority ) OST-2006-24083

(Mexico-U.S. markets) ) OST-2011-0042

__________________________________________) March 27, 2015

APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V.

FOR RENEWAL OF EXEMPTIONS

Pursuant to 49 U.S.C. § 40109(c), Aerovias de Mexico, S.A. de C.V. 

("Aeromexico") respectfully requests renewal of its exemption authority to 

engage in scheduled foreign air transportation of persons, property, and mail 

in the following Mexico-U.S. markets as granted by the Notice of Action 

Taken dated April 24, 2014 in the dockets listed below:

Operating Market Docket (OST-)

Hermosillo-Phoenix 1996-1303

Mexico City-Phoenix 1996-1304

Aguascalientes-Los Angeles 1999-5716

Monterrey-Las Vegas 2006-24083

Guadalajara-Fresno 2011-0042

Guadalajara-Sacramento 2011-0042

Monterrey-Chicago on 5D* 2011-0042

(Aeromexico’s authority in the starred market is limited to code-sharing on 

flights operated by Aerolitoral, S.A. de C.V. d/b/a Aeromexico Connect, IATA 

carrier code 5D.) Aeromexico requests that exemption authority for these 
- 2 - Aeromexico

Renewal Application

markets be renewed for an additional, one-year period. Aeromexico intends 

to invoke the automatic extension provisions of 5 U.S.C. § 558(c) and Part 377 

of the Department's Special Regulations. In support of this application, 

Aeromexico states as follows: 

1. Aeromexico is a flag carrier of the United Mexican States and 

currently holds a permit, Order 91-5-25, and various exemptions which 

authorize service between Mexico and numerous U.S. points. Pursuant to 

this authority, Aeromexico provides extensive transborder service.

2. By this application, Aeromexico seeks renewal of its exemption

authority to serve the markets listed above. Exemption authority for these 

markets is scheduled to expire on April 24, 2015. As to each market, 

Aeromexico either is serving the market with nonstop flights or wishes to 

maintain authority so that it can resume nonstop service should conditions 

warrant. Aeromexico’s services in Mexico-U.S. markets provide significant 

benefits to the traveling public. Consequently, Aeromexico seeks to renew 

the authority to serve all of these markets for an additional year.

3. Annex 1 to the 1960 Air Transport Agreement, as amended, between 

the United Mexican States and the United States provides that a carrier 

designated by the Government of Mexico is entitled to operate "[f]rom a point 

or points in Mexico to a point or points in the United States." Aeromexico 

understands that it remains designated to serve these markets, and it 
- 3 - Aeromexico

Renewal Application

continues to hold DGAC authority to provide service in those markets.1/ 

4. Under 49 U.S.C. § 40109(c), the Department may grant exemption 

authority if it finds that a grant is consistent with the public interest. 

Designation of a carrier by its homeland government is the most significant 

factor in determining whether grant of an application is in the public 

interest. See, e.g., Bluebird Cargo Ltd., Order 2004-8-24 at 3-4; Fast Air 

Carrier Ltda., Permit Amendment, Order 82-2-66 at 3-4. Given Aeromexico's 

designation for these markets, such a public interest finding is warranted. 

Moreover, the benefits which Aeromexico’s services generate for business 

travelers, tourists, and shippers alike further demonstrate that renewal of 

the exemption authority is consistent with the public interest.

 

1/ Should a designation in any market have been withdrawn, however, 

Aeromexico requests that the Department defer action on the renewal 

request for that market while proceeding to renew the remaining authority.