BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-2007-26968 ) for renewal of exemption authority (code- ) sharing in various Mexico-U.S. markets) ) __________________________________________)

APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. FOR RENEWAL OF AN EXEMPTION

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 February 24, 2012.

February 9, 2012BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-2007-26968 ) February 9, 2012 for renewal of exemption authority (code- ) sharing in various Mexico-U.S. markets) ) __________________________________________)

APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. FOR RENEWAL OF AN EXEMPTION Pursuant to 49 U.S.C. § 40109(c), Aerovias de Mexico, S.A. de C.V. ("Aeromexico") respectfully requests renewal, for an additional, one-year period, of the code-share exemption authority granted by Notices of Action Taken dated February 11 and March 4, 2011 in the above-captioned docket. That exemption authorizes Aeromexico to engage in scheduled foreign air transportation of persons, property, and mail by displaying its code on flightsoperated by Delta Air Lines, Inc. ("Delta") in the following Mexico-U.S. citypair markets: Acapulco-Atlanta Acapulco-Los Angeles Acapulco-New York/Newark Cancun-Los Angeles Puerto Vallarta-Atlanta Ixtapa/Zihuatenejo-Atlanta Ixtapa/Zihuatenejo-Los Angeles- 2 - Aeromexico Renewal Application 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 nu merous U.S. points. Pursuant to this authority, Aeromexico provid es extensive tran sborder service.

2. By this application, Aeromexico seeks renewal of its exemption to

serve the several Mexico-U.S. markets listed above by displaying its AM* code on flights operated by Delta. Th e authority is scheduled to expire on February 11, 2012. The Aeromexico code currently appears on nonstop Delta flights in some of the markets listed above, and in the remaining markets Aeromexico wishes to retain nonstop, code-share authority so that its code can be placed on nonstop Delta flig hts should conditions warrant.

3. Renewal of the exemption authority is consistent with the Air Transport Agreement, as amended in 1999 and 2005, between the United

Mexican States and the United States and with Department code-sharing policies set forth in Order 99-6-6. Aeromexico continues to hold authority from the DGAC to serve these transborder routes. Thus, the requested renewal meets the public interest standa rd of 49 U.S.C. § 40109(c). Further, the request is limited in scope and should not be controversial.