BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET S OST- 2013

- 0168 ) OST- 2013

- 0179 for renewal of exemption authority ) ( Mexico

- U.S. markets) ) __________________________________________)

APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. FOR RENEWAL OF EXEMPTION S
Communications with respect to this document should be sent to: John R. Mietus, Jr. L aw Office of John Mietus, LLC 6701 Democracy Blvd., Suite 300 Bethesda, MD 20817

- 7500 (202) 747

- 5212 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 September 22, 2014.
September 5 , 2014BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) DOCKET S OST- 201 3- 0168 AEROVIAS DE MEXICO, S.A. DE C.V. ) OST- 2013

- 0179 ) Sept. 5, 2014 for renewal of exemption authority ) ( various Mexico

- U.S. markets) ) __________________________________________) APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. FOR REN EWAL OF EXEMPTION 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 Mexico

- U.S. markets (the “Operating Markets”) as granted by the Notice s of Action Taken dated September 10 and September 25 , 2013 in the above

- captioned docket s: Cancun, Mexico – Chicago, Illinois ; Guadalajara, Mexico - New York, New York ; Guadalajara, Mexico - San Francisco, California ; and Morelia, Mexico - San Francisco, California. Aeromexico requests that exemption authority for these markets be renewed for a n 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:- 2 - Aeromexico Renewal Application
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 a nd 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 markets listed above. Exemption authority for these markets is scheduled to expire on September 10 and 25, 2014 . As to each Operating 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. (Note, however, that Aeromexico expects shortly to transition its Guadalajara

- New York service to an operation by Aerolitoral on which Aeromexico will place its code.) 1 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

1 / I n Docket OST

- 2014

- 0153 Aerolitoral, Aeromexico, and Delta have requested authority for Aerolitoral

- operated service carrying the Aeromexico and Delta c odes in the Guadalajara

- New York market . Aeromexico expects its operating designation for that market to be withdrawn; should that occur before the Department acts on the requested renewal, Aeromexico would accept dismissal of its request to re new Guadalajara

- New York authority. Further, sh ould Aeromexico’s designation in either of the other t hree Operating Markets have been withdrawn, it requests that the Department defer action on the renewal request for that market while proceeding to renew the remaining authority.- 3 - Aeromexico Renewal Application des ignated 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." Subject to Aeromexico’s understanding of the Guadalajara

- New York transition described above, Aero mexico understands that it otherwise remains designated to serve the Operating Markets.
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; Fas t Air Carrier Ltda., Permit Amendment , Order 82 -2- 66 at 3

- 4. Given Aeromexico's designation for th e Operating M arkets , such a public interest finding is warranted. Moreover, the benefits which Aeromexico’s services generate for business travelers, touris ts, and shippers alike further demonstrate that renewal of the exemption authority is consistent with the public interest.