BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

 ) 

Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKETS 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 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

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 September 22, 2014.

September 5, 2014
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

 ) 

Application of ) 

 ) DOCKETS OST-2013-0168

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 RENEWAL 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 Notices of Action Taken dated September 10 and September 25, 2013 

in the above-captioned dockets: 

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 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: 
- 2 - Aeromexico 

Renewal Application

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 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 MexicoU.S. markets provide significant benefits to the traveling public. 

Consequently, Aeromexico seeks to renew the 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/ In Docket OST-2014-0153 Aerolitoral, Aeromexico, and Delta have requested 

authority for Aerolitoral-operated service carrying the Aeromexico and Delta codes 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 renew 

Guadalajara-New York authority. 

Further, should Aeromexico’s designation in either of the other three 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

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." Subject to 

Aeromexico’s understanding of the Guadalajara-New York transition 

described above, Aeromexico 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; Fast Air 

Carrier Ltda., Permit Amendment, Order 82-2-66 at 3-4. Given Aeromexico's 

designation for the Operating 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.