BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-2011-0042 

 ) 

 for renewal of exemption authority ) 

(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, 2012
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-2011-0042 

 ) February 9, 2012 

 for renewal of exemption authority ) 

(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 exemption authority granted by Notice of Action Taken dated 

March 4, 2011 (the “Notice”) to engage in scheduled foreign air transportation 

of persons, property, and mail in the Guadalajara-Fresno, GuadalajaraSacramento, and Monterrey-Chicago markets. Aeromexico intends to invoke 

the automatic extension provisions of 5 U.S.C. § 558(c) and Part 377 of the 

Department's Special Regulations. Aeromexico does not seek renewal of 

authority granted in the Notice to serve the Guadalajara-San Francisco and 

Morelia-San Francisco routes. 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 
 

 - 2 - Aeromexico 

 Renewal Application 

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 Guadalajara-Fresno, Guadalajara-Sacramento, and 

Monterrey-Chicago markets. The authority is scheduled to expire on March 

4, 2012. Aeromexico currently is serving the Guadalajara-California markets 

above with nonstop service that provides significant benefits to the traveling 

public. Aeromexico also serves the Monterrey-Chicago route with on-line 

connecting service and wishes to retain its authority to operate the service on 

a nonstop basis should conditions warrant. 

 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 routes and continues to hold DGAC authority to 

do so. 

 4. Under 49 U.S.C. § 40109(c), the Department may grant an 

exemption 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