BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

 Application of ) 

 ) 

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

 ) OST-1996-1304 

 for renewal of exemption authority ) OST-2006-24083 

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

__________________________________________) 

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

FOR RENEWAL AND MODIFICATION 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 

(240) 396-5362 fax 

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 12, 2013.

February 25, 2013
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

 Application of ) 

 ) DOCKETS OST-1996-1303 

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

 ) OST-2006-24083 

 for renewal of exemption authority ) OST-2011-0042 

(various Mexico-U.S. markets) ) February 25,2013 

__________________________________________) 

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

FOR RENEWAL AND MODIFICATION 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 (the “Operating Markets”) as granted 

by the Notices of Action Taken listed below:

Operating Market Docket (OST-) Notice of Action Taken 

Hermosillo-Phoenix 1996-1303 2/29/2012 

Mexico City-Phoenix 1996-1304 2/29/2012 

Monterrey-Las Vegas 2006-24083 2/29/2012 

Guadalajara-Fresno 2011-0042 2/29/2012 

Guadalajara-Sacramento 2011-0042 2/29/2012 

Aeromexico further requests that its exemption authority to engage in 

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

following market (the “Code-Share Market”) be renewed, but limited to 
- 2 - Aeromexico 

Renewal Application 

services conducted by displaying the “AM” designator code on flights operated 

by Aerolitoral, S.A. de C.V. d/b/a Aeromexico Connect:

Code-Share Market Docket (OST-) Notice of Action Taken 

Monterrey-Chicago 2011-0042 2/29/2012 

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 March 1, 2013. As to each Operating 

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 also is serving the Code-Share Market by 

placing its “AM” designator code on Aerolitoral, which holds the necessary 

authority by Notice of Action Taken dated November 21, 2012 in Docket OST2012-0188. Aeromexico’s services in Mexico-U.S. markets provide significant 
- 3 - Aeromexico 

Renewal Application 

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 the Operating Markets, and 

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

Renewal of modified exemption authority in the Code-Share Market also is 

consistent with the Agreement and with Department code-sharing policies set 

forth in Order 99-6-6.

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 the Operating Markets and code-share authorization in the 

Code-Share Market, such a public interest finding is warranted. Moreover, 

 

1/ Should a designation in any Operating 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.