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-2011-0148 ________________________________________________________________________________________________________

This serves as notice to the public of the action described below, taken by the Department official indicated (no 

additional confirming order will be issued in this matter).

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

Date Filed: August 9, 2011

Relief requested: Exemption under 49 USC §40109 and an amended foreign air carrier permit under 49 USC §413011

to permit the applicant to engage in scheduled foreign air transportation of persons, property, and mail between: 

1) Monterrey, Mexico, and Orlando, Florida; 2) Monterrey, Mexico, and Miami, Florida; 3) Guadalajara, Mexico, and 

Houston, Texas; and 4) Guadalajara, Mexico, and San Antonio, Texas.

Applicant representatives: David M. Kirstein and Joanne W. Young, 202-331-3348 

DOT analyst: Robert J. Finamore, 202-366-2405

Responsive pleadings: None.

DISPOSITION

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

deferred.2

 

Action date: August 17, 20113

Effective dates of authority granted: August 17, 2011, through August 17, 2012.

Basis for approval (bilateral agreement/reciprocity): United States-Mexico Air 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 with 

Department policy; (2) the applicant was qualified 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 United States, and other charter 

operations in accordance with 14 CFR Part 212. In addition to the authority at issue in the instant application, the applicant 

requests that its permit also be amended to include a number of exemption authorities it has been granted that authorize it to 

conduct scheduled combination services in various other Mexico-U.S. markets. (See Dockets DOT-OST-2008-0095, DOT-OST2010-0082, 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 Policy and 

Conservation Act of 1975. To the extent 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 effective 

when taken, and the filing of a petition for review 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, and 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 IIR of its plans and to find out whether the Transportation 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 shall 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 requirements 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 

United 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" means "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 terminate 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 provided 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 be 

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 with 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.

12/2007