UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on August 17 , 2011



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 11

- 0 148

________________________________________________________________________________________________ ________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be i ssued in this matter).

Applicant : AERO ENLACES NACIONALES, S.A. de C.V. d/b/a vivaAerobus ( vivaAerobus)

Date Filed: August 9 , 2011

Relief requested: E xemption under 49 USC § 4 0109 and an amended foreign air carrier permit under 49 USC §4 1301 1

to permit the applicant to engage in s cheduled foreign air transportation of persons, property, and mail between : 1) Monterrey, Mexico, and Orlando, Florida ; 2) Monte r rey, Mexico, and Miami, Florida ; 3) Guadalajara, Mexico, and Houston, Texas; and 4) Guadalajara, Mexico, and San Antonio, Texas.

Applicant representative s : David M. Kirstein and Joanne W. Young, 202

- 331

- 3348

DOT analyst: Robert J. Finamore , 202

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- 2405

Responsive pleadings: None.

DISPOSITION

Action: Approved request for exemption authority (see remarks below) , request for amended permit authority

deferred. 2

Action date: August 17 , 2011 3

Effective dates of authority granted: August 17 , 2011

, through August 17 , 2012

.

Basis for approval (bil a teral agreement/reciprocity): United States

- Mexico A ir Transport Services Agreement

.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption conditions (attached), and to the otherwise

- applicable terms, conditions, and limitations of vivaAerobus’ foreign air carrier permit (Order 2008

- 1

- 23 ).

Action taken by: Paul L. Gretch, Director, Office of International Aviation

______________________ __________________________________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent w ith Department policy; (2) the applicant was qua lified to perform its proposed operations; (3) grant of the authority was consistent

1 The applicant’s existing foreign air carrier permit, issued in Docket DOT

- OST

- 2007

- 28919 on January 24, 2008, by Order 2008

- 1

- 23, authorizes it to engage in: 1) scheduled foreign air transportation of persons, property

, and mail between the Mexican points of Monterrey, Guadalajara, Puebla, Leon, Queretaro, and Cancun, on the one hand, and Austin, Texas, on the other hand; and 2) charter foreign air transportation of persons, property, and mail between Mexico and the Unit ed States, and other charter operations in accordance with 14 CFR Part 212. In addition to the authority at issue in the instant application, t he applicant requests that its permit also be amended to include a number of exemption authorities it has been g ranted that authorize it to

conduct scheduled combination services in various other Mexico

- U.S. markets. (See Dockets DOT

- OST

- 2008

- 0095, DOT

- OST

2010

- 0082, DOT

- OST

- 2009

- 0298, and DOT

- OST

- 2011

- 0060.)

2 We will act on the applicant’s amended permit request separately.

3 The Department is acting on the exemption request of vivaAerobus prior to the expiration of the 15

- day answer period with the consent of all parties served.with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Poli cy and

Conservation Act of 1975. To the exten t not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the 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 of issuance of this Notice. This action was effec tive when taken, and the filing of a petition for rev iew 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

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department;

( 2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, but not limited to, 14 CFR Parts 129, 91, a nd 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the United States,

contact its International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise the I IR of its plans and to find out whether the Transpor tation Security Administration has determined that security is adequate to allow such airport(s) to be served ;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight Standards Service (any changes to, or termination of, insurance also shal l be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency require ments of its Government for international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the

U nited States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for

which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" m eans "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or t erminate all flights to/from the United States in its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise pr ovided in the applicable aviation agreement, comply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may b e prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance wi th the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval

under Title 49 of the U.S. Code.

1 2/2007