BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ ) Application of ) ) AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKETS OST-1997-3289 ) OST-2000-7708 for renewal of special authorization ) OST-2001-10833 ) OST-2008-0305 __________________________________________)

APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. FOR RENEWAL OF SPECIAL AUTHORIZATION
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 Aero mexico and upon persons served with this application no later than April 30 , 2013.
April 15, 2013BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ ) Application of ) ) AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKETS OST-1997-3289 ) OST-2000-7708 for renewal of special authorization ) OST-2001-10833 ) OST-2008-0305 __________________________________________) April 15, 2013

APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. FOR RENEWAL OF SPECIAL AUTHORIZATION
Pursuant to 14 C.F.R. Part 216, Aerovias de Mexico, S.A. de C.V. ("Aeromexico") respectfully requests renewal of the special authorization , issued by Notice of Action Taken dated April 19, 2012, that permits AeroMexico to commingle traffic between Mexico and third countries (that is, traffic not in foreign air transportation) on the same services that carry traffic that is in foreign air transportation between Mexico and the United States and between the United States and third countries, in conjunction with third-country codesharing services with Delta Air Lines, Inc. and Delta Connection carriers. 1 Aeromexico requests that the special authorization 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

1 / The Delta Connection carriers named in the Notice are ExpressJet Airlines, Inc. (ExpressJet), Comair, Inc. (Comair), Pinnacle Airlines, Inc. (Pinnacle), and SkyWest Airlines, Inc. (SkyWest).- 2 - Aeromexico Renewal Application Department's Special Regulations. In support of this application, Aeromexico states as follows:
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 and numerous U.S. points. Pursuant to this authority and through its extensive code

- sharing relationship with Delta and the Delta Connection carriers , Aeromexico provides extensive transborder servi ce.

2. By this application, Aeromexico seeks renewal of the sp ecial authorization granted b y the Notice referred to abov e; the authorization is set
t o expire April 19, 201 3

. The ability to commingle Mexico

- third country traffic with other traffic in connection with Delta and Delta Connection code

sharing flights provides significant b enefits to the traveling public

. Consequently, Aeromexico seeks to renew its Part 216 authori ty for an additional year.

3. T he 1960 Air Transport Agreement, as amended on December 12,
2005 , between the United Mexican States and the United States explicitly provides for blin d

- sector code

- sharing in the context of cooperative marketing arrangements

. Paragraph 2 of Annex III provides that: