UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on March 20 , 2012



### NOTICE OF ACTION TAKEN

– DOCKET S DOT

- OST

- 200 8

- 0095

DOT

- OST

- 2010

- 0082

DOT

- OST

- 2011

- 0060

________________________________________________________________________________________________ ________ This serves as notice to the public of the a ction described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

Applicant : AERO ENLACES NACIONALES, S.A. de C.V. d/b/a vivaAerobus ( vivaAerobus)

Date Filed: February 28, 2012

Docket DOT

- OST

- 2008

- 0095

Relief requested: Renewal of e xemption from 49 USC § 41301 to permit the applicant to engage in s cheduled foreign air transportation of persons, property, and mail between Monterrey, Mexico, and L as Vegas, Nevada

.

Docket DOT

- OST

- 2010

- 0082

Relief requested: Renewal of e xemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property, and mail between Monterey, Mexico, and Houston, Texas.

Docket DOT

- OST

- 2011

- 0060

Relief requested: Renewal of e xemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property, and mail between : 1) Monterrey, Mexico, and San Antonio, Texas; 2) Monterrey, Mexico, and Chicago, Il linois; and 3) Guadalajara, Mexico, and Las Vegas, Nevada.

If renewal, d ate and citation of last action s : April 1, 2011 in Docket s DOT

- OST

- 2008

- 0095 and DOT

- OST

- 2010

- 0082; March 25, 2011, in Docket D OT

- OST

- 2011

- 0060

.

The applicant requests that its exem ption authority be granted for a two

- year term.

Applicant representatives: David M. Kirstein and Joanne W. Young, 202

- 331

- 3348

DOT analyst: Robert J. Finamore , 202

- 366

- 2405

Responsive pleadings: None.

DISPOSITION

Action: Approved in part (one

- year grant), remainder (request for longer

- term authority) dismissed. 1

Action date: March 20 , 2012

Effective dates of authority granted: March 20 , 2012

, through March 20 , 2013

.

Basis for approval (bil ateral agreement/reciprocity): United States

- Mexico A ir Transport Services Agreement

.

1 The one

- year duration of the authority we granted is consistent with our usual policy of granting exemption authority in the circumstances presented. We, therefore, dismissed the application to the extent that it sought authority for a longer period

.Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption conditions (attached), and to the oth erwise

- applicable terms, conditions, and limitations of vivaAerobus’ foreign air carrier permit (Order 2008

- 1

- 23 ).

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

___________________________________________________________ _____________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent w ith 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 Poli cy and Conservation Act of 1975. To the extent not granted/deferred/dismisse d, we denied all requests in the referenced Docket s

. 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 thi s 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 effec tive when taken, and the filing of a petition for review will not alter such effect iveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

### Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requ irements of the Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, but not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) from a foreign airport that would be the holder’s last point of depa rture for the United States,

contact its International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise the I IR 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 ;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for interna tional air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations u nder this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on it s operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, wi th all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval

under Title 49 of the U.S. Code.

1 2/2007