BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) Docket OST-97-3289 

 ) 

for Renewal of an Exemption from ) 

49 U.S.C. § 41301 (Blanket U.S.-Mexico, Beyond ) 

Gateways, for Code-Sharing Services) ) 

 ) 

APPLICATION OF 

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

FOR RENEWAL OF EXEMPTION AUTHORITY

Communications with respect to this 

document may be served upon: 

 John R. Mietus, Jr. 

William C. Evans 

LAW OFFICE OF JOHN MIETUS, LLC 

6701 Democracy Boulevard, 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 

Aerovias de Mexico, S.A. de C.V., and upon persons served 

with this application no later than December 26, 2011.

DATED: December 9, 2011 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) Docket OST-97-3289 

 ) December 9, 2011 

for Renewal of an Exemption from ) 

49 U.S.C. § 41301 (Blanket U.S.-Mexico, Beyond ) 

Gateways, for Code-Sharing Services) ) 

 ) 

APPLICATION OF 

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

FOR RENEWAL OF EXEMPTION AUTHORITY

Pursuant to 49 U.S.C. § 40109(c), Aerovias de Mexico, S.A. de C.V. 

("Aeromexico") respectfully requests renewal of the exemption authority last renewed by 

Notice of Action Taken dated December 16, 2010 in the above-captioned docket. That 

exemption permits Aeromexico to (1) engage in foreign air transportation of persons, 

property and mail between points in Mexico and points within the United States beyond 

Aeromexico’s authorized U.S. gateway points for transborder services, for (2) the 

purpose of blind-sector code-sharing services operated between the U.S. gateway points 

and other points in the U.S. on services operated by either Aeromexico, Delta Air Lines, 

Inc. ("Delta"), or the Delta Connection carriers (Atlantic Southeast Airlines, Inc., and 

Comair, Inc.) The exemption authority currently is set to expire December 16, 2011. By 

this 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. The renewal is 

requested for one year. In support of this application, Aeromexico states as follows: 
 - 2 - Aerovias de Mexico 

 Renewal Application 

1. Aeromexico is a flag carrier of the United Mexican States and currently holds a 

foreign air carrier permit which authorizes service between Mexico and numerous U.S. 

points. Order 91-5-25. Pursuant to its permit and various exemption authorities, 

Aeromexico provides extensive service between Mexico and the United States. 

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

provide service between points in Mexico and points in the U.S. beyond its gateways via 

its code share agreement with Delta Air Lines, Inc. The authority was last renewed by 

Notice of Action Taken dated December 16, 2010 and currently is set to expire on 

December 16, 2011. Using its blanket exemption authority and the blanket code share 

authorization issued to Delta and the Delta Connection carriers, Aeromexico is providing 

valuable, single-carrier service between Mexico and numerous U.S. communities via its 

U.S. gateways. The services clearly provide significant benefits to Mexican and U.S. 

travelers, and Aeromexico seeks renewal of the blanket exemption so that it can continue 

to provide these services. 

3. Renewal of the exemption authority is consistent with the 1960 Mexico-U.S. 

air transport agreement, as amended, and with the policies of the Department as set forth 

in Order 99-6-6. Aeromexico continues to hold authority from the DGAC to serve 

beyond-U.S. gateway points. 

4. Given that the exemption is consistent with Department policy and prior 

Department decisions and will only be effective for one year, the request is limited in 

scope and should be noncontroversial. Moreover, grant of this application is warranted 

because of the significant service benefits being provided in these transborder markets. 


SERVICE LIST

Carl B. Nelson, Jr. 

Associate General Counsel 

American Airlines, Inc. 

1101 17th Street, N.W. 

Washington, D.C. 20036 

R. Bruce Keiner, Jr. Crowell & Moring 

1001 Pa. Ave., N.W., 10th Fl. 

Washington, D.C. 20004 

(for Continental) 

Marshall S. Sinick 

Squire, Sanders & Dempsey 

1201 Pennsylvania Ave. N.W. 

Washington, D.C. 20004 

(for Alaska Airlines) 

Alexander Van der Bellen 

Managing Director-Government Affairs & 

Associate General Counsel 

Delta Air Lines, Inc 

1212 New York Avenue, N.W. 

Washington, D.C. 20005 

Stephen Lachter 

Lachter & Clements LLP 

1150 Connecticut Ave., N.W., #900 

Washington, DC 20036 

(for Astar) 

Howard Kass 

Associate General Counsel 

US Airways, Inc. 

2345 Crystal Drive 

Arlington, VA 22227 

Edward P. Faberman 

Wiley, Rein & Fielding 

1776 K Street, NW, 9th Floor 

Washington, DC 20006 

(for Frontier & AirTran) 

Nancy S. Sparks 

Managing Director, Regulatory Affairs 

Federal Express Corporation 

1700 Pennsylvania Avenue, N.W. Suite 950. 

 Washington, D.C. 20006 

 John L. Richardson 

 555 13th Street, N.W., Suite 420 West 

 Washington, DC 20004 

 (for Amerijet) 

Anita M. Mosner 

Holland & Knight 

2099 Pennsylvania Avenue, N.W.. Suite 100 

Washington, DC 20006 

(for UPS) 

Daniel Weiss 

Continental Airlines, Inc. 

P.O. Box 4607-HQSGV 

Houston, TX 77210-4607 

(for UA and CO) 

Pierre Murphy (for USA 3000) 

Law Office of Pierre Murphy 

Suite 800 

1200 New Hampshire Avenue, N.W. 

Washington, DC 20036 

(for USA 3000) 

Joanne Young (for Spirit) 

David Kirstein 

Young & Kirstein 

1750 K Street, N.W. 

Suite 200 

Washington, DC 20006 

(for Spirit) 

Aaron Goerlich (for Ryan International) 

Garofalo, Goerlich & Hainbach 

Suite 800 

1200 New Hampshire Avenue, N.W. 

Washington, DC 20036 

(for Ryan International) 

Office of Aviation Negotiations 

Department of State 

2201 C Street, N.W. 

Washington, D.C. 20520 

Flight Standards Service -AFS-200 

Federal Aviation Admin. 

800 Independence Avenue, S.W. 

Washington, D.C. 20591