BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

Application of ) 

 ) DOCKETS

AEROVIAS DE MEXICO, S.A. DE C.V. ) OST-2000-8202

 ) OST-2001-10369

 ) OST-2005-21605, 23435 

for renewal of exemption authority ) OST-2008-0366, 0369, 0385

 (various Mexico-U.S. markets) ) OST-2009-0159

 ) OST-2011-0217

__________________________________________) OST-2013-0029

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 March 27, 2015. 

March 12, 2015
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

Application of ) 

 ) DOCKETS

AEROVIAS DE MEXICO, S.A. DE C.V. ) OST-2000-8202

 ) OST-2001-10369

 ) OST-2005-21605, 23435 

for renewal of exemption authority ) OST-2008-0366, 0369, 0385

 (various Mexico-U.S. markets) ) OST-2009-0159

 ) OST-2011-0217

__________________________________________) OST-2013-0029

 March 12, 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 March 19, 2014 in the ten above-captioned dockets: 

Market Docket (OST-) 

Guadalajara-Ontario (CA) 2002-8202

Mexico City-Atlanta 2001-10369

Durango-Chicago on 5D* 2005-21605

Mexico City-San Antonio on 5D* 2005-23435

Mexico City-Denver 2008-0366

Mexico City-Las Vegas 2008-0369

Cancun-Atlanta 2008-0385

Monterrey-San Antonio on 5D* 2009-0159

Guadalajara-Phoenix 2011-0217

Cancun-Los Angeles 2013-0029

 Huatulco-Los Angeles 2013-0029

Ixtapa/Zihuatenejo-Los Angeles 2013-0029
- 2 - Aeromexico

Renewal Application

(Aeromexico’s authority in the starred markets 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 

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 the one-year anniversary of the Notice of

Action Taken, that is, March 19, 2015. As to each market, Aeromexico either 

is providing nonstop service in the market 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 these 

markets for an additional year. 
- 3 - Aeromexico

Renewal Application

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 has 

been designated to serve the listed markets and continues to hold DGAC 

authority to do so. 

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.