BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) DOCKETS OST-2000-8202 

 ) OST-2001-10369 

Application of ) OST-2005-21605 

 ) OST-2005-23435 

AEROVIAS DE MEXICO, S.A. DE C.V. ) OST-2008-0313 

 ) OST-2008-0366 

 for renewal of exemption authority ) OST-2008-0369 

(various Mexico-U.S. markets) ) OST-2008-0385 

 ) OST-2009-0159 

 ) OST-2011-0217 

__________________________________________) 

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 

(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 December 15, 2012.

November 30, 2012
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) DOCKETS OST-2000-8202 

 ) OST-2001-10369 

Application of ) OST-2005-21605 

 ) OST-2005-23435 

AEROVIAS DE MEXICO, S.A. DE C.V. ) OST-2008-0313 

 ) OST-2008-0366 

 for renewal of exemption authority ) OST-2008-0369 

(various Mexico-U.S. markets) ) OST-2008-0385 

 ) OST-2009-0159 

 ) OST-2011-0217 

__________________________________________) November 30, 2012 

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 ten Mexico-U.S. markets as granted by the Notices of Action 

Taken listed below:

Market Docket (OST-) Notice of Action Taken 

Cancun-Atlanta 2008-0385 12/14/2011 

Durango-Chicago 2005-21605 12/12/2011 

Guadalajara-Ontario (CA) 2000-8202 12/6/2011 

Guadalajara-Phoenix 2011-0217 12/12/2011 

Mexico City-Atlanta 2001-10369 12/6/2011 

Mexico City-Denver 2008-0366 12/14/2011 

Mexico City-Las Vegas 2008-0369 12/22/2011 

Mexico City-San Antonio 2005-23435 12/12/2011 

Monterrey-San Antonio 2009-0159 12/22/2011 

Morelia-Chicago 2008-0313 12/12/2011 
- 2 - Aeromexico 

Renewal Application 

Aeromexico requests that exemption authority for these ten 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 ten markets listed above. Exemption authority for 

these markets is scheduled to expire on the one-year anniversary of each 

corresponding Notice of Action Taken, that is, between December 6 and 22, 

2012. 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 
- 3 - Aeromexico 

Renewal Application 

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.