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 Aero mexico and upon persons served with this application no later than December 15 , 2012

. November 30, 2012BEFORE 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 Notice s 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. Aero mexico is a flag carrier of the United Mexican States and currently holds a permit, Order 91

- 5

- 25, and various exemp tions 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
t hese markets is scheduled to expire on the one

- year anniversary of e ach corresponding Notice of Action Taken , that is, between December 6 and 22 , 2012. As to each market, Aeromexico e ither is serving t he 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 b enefits to the traveling public . Consequently, Aeromexico seeks to renew th e 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]r om a point or points in Mexico to a point or points in the United States." Aero mexico has been designated to serve t he 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. , Or der 2004

- 8

- 24 at 3

- 4; Fast Air Carrier Ltda., Permit Amendment , Order 82

- 2

- 66 at 3

- 4. Given Aeromexico's designation for th e s e 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.