UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON,D.C. Issuedbythe Department ofTransportation on December 22, 2011 

### NOTICE OFACTION TAKEN-- DOCKET DOT-OST-2009-0159

.This serves as notice to the public ofthe action described below, taken bythe Department official indicated (no additional confirming order will beissued in this matter). Applicant: AEROVIAS de MEXICO, S.A. de C.V. (Aeromexico) Date Filed: December 2, 2011 Reliefrequested: Renewal ofexemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation ofpersons, property, and mail between Monterrey, Mexico, and San Antonio, Texas. Ifrenewal, date and citation oflast action: December 16, 2010, in this Docket. Applicant representative: William C. Evans, 410-827-5074 DOT analyst: Robert 

### J. Finamore, 202-366-2405 Responsive pleadings: None.
DISPOSITION Action: Approved. Action date:

.December22, 2011 Effective dates ofauthority granted: December 22, 2011, through December 22, 2012. Basis for approval (bilateral agreement/reciprocity): United States-Mexico AirTransport Services Agreement. Except to the extent exempted/waived, this authority is subject to the temis, conditions, and limitations ofour standard exemption conditions (attached), and to the otherwise-applicable terms, conditions, and limitations ofAeromexico's foreign air carrierpermit (Order 91-5-25). Action taken 

### by: PaulL. Gretch, Director, Office ofInternationalAviation
Under authority assigned by the Departmentin its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant ofthe authority was consistent with the public interest; and ( 4) grant ofthe authority would not constitute amajor regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modifY, orrevoke the authority granted in this Notice at any time without hearing at our discretion.
Persons entitled to petition the Department for review ofthe action set forth in this Notice under the Department's regulations, 14 CFR §385.30, may file their petitions within seven {7) days after the date ofissuance ofthis Notice. This action was effective when taken, and the filing ofa petition for review will not alter such effectiveness.
An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

### Foreign Carrier Exemption Conditions 

### Iri the conduct ofthe operations authorized, the foreign carrier applicant(s) shall: 

### (I) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy ofsuch authorization with the Department; (2) Comply with all applicablerequirements ofthe Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, butnot limited to, 14 CPR Parts 129, 91, and 36 and 49 CFRPart 1546 or 1550, as applicable. To assure compliancewith all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) from a foreign airport that wouldbe the holder's last point ofdeparture for the United States, contact its International Industry Representative (IIR) (formerlyreferred to as International Principal Security Inspector) to advise the IIR ofits plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served; (3) Complywith the requirements for minimum insurance coverage contained in 14 CFRPart 205, and, priorto the commencement ofany operations under this authority, file evidence ofsuch coverage, in the form ofa completed OST Form 6411, with the Federal Aviation Administration's Program Management Branch (AFS-260), Flight Standards Service (any changes to, ortermination of, insurance also shall be filed with that office); (4) Not operate aircraft under this authority unless it complies with operational safetyrequirements at least equivalent to Annex 6 ofthe Chicago Convention; (5) Conform to the airworthiness and airman competencyrequirements ofits Government for international air services; (6) Except as specifically exempted or otherwiseprovided for in a Department Order, complywith the requirements

· of 14 CFRPart 203, concerning waiver ofWarsaw Convention liability limits and defenses;

(7) Agree that operations underthis authority constitute awaiver ofsovereign immunity, for the purposes of28 U.S.C. 1605(a), but onlywith respect to those actions orproceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract ofcarriage, include a point in the United States as a point oforigin, point ofdestination, oragreed stopping place, orfor which the contract ofcarriage was purchased in the United States; or (b) based on a claim under any international agreement ortreaty cognizable in any court or other tribunal ofthe United States. In this condition, the term "international airtransportation" means "international transportation" as defined bythe Warsaw Convention, except that all States shall be considered to beHigh Contracting Parties for the purpose ofthis definition; (8) Except as specifically authorized by the Department, originate orterminate all flights to/from the United States in its homeland; (9) Comply with therequirements of 14 CFRPart 217, concerning the reporting ofscheduled, nonscheduled, and charter data; (10) Ifcharter operations are authorized, except as otherwiseprovided in the applicable aviation agreement, comply with the Department's rules governing charters (including 14 CFRParts 212 and 380); and (11) Comply with such other reasonable terms, conditions, and limitations required bythepublic interest as maybe prescribedbythe Department, with all applicable orders orregulations ofother U.S. agencies and courts, and with all applicable laws ofthe United States. This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department · approval under Title 49 ofthe U.S. Code.
12/2007