BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-2012- 

 ) 

 for an exemption (Monterrey-Miami) ) 

__________________________________________) 

EXPEDITED ACTION REQUESTED 

APPLICATION OF 

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

FOR AN EXEMPTION 

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 

Aeromexico and upon persons served with this application no 

later than June 19, 2012. APPLICANT INTENDS TO POLL. 

June 4, 2012
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-2012- 

 ) June 4, 2012 

 for an exemption (Monterrey-Miami) ) 

__________________________________________) 

APPLICATION OF 

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

FOR AN EXEMPTION 

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

("Aeromexico") respectfully requests an exemption from the provisions of 49 

U.S.C. § 41301 to the extent necessary to permit Aeromexico to engage in 

scheduled foreign air transportation of persons, property, and mail between 

Monterrey, Mexico and Miami, Florida. So that it may begin service in July 

2012, Aeromexico requests expedited consideration of this application; after 

polling U.S. carriers served with this application, it will report the poll 

results to the Department. In support of this application, Aeromexico states 

as follows: 

 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 - Aeromexico 

 Exemption Application 

 2. By this application, Aeromexico seeks an exemption to engage in 

scheduled, combination service in the Monterrey-Miami market. Daily 

nonstop services on this route, using Boeing B737 or other appropriate 

aircraft, will generate significant benefits for the traveling and shipping 

public. 

 3. Annex 1 to the 1960 Air Transport Agreement, as amended, between 

the United Mexican States and the United States provides that a carrier 

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." Aeromexico has 

been designated to serve this route and holds Mexican DGAC authority to do 

so. 

 4. Under 49 U.S.C. § 40109(c), the Department may grant an 

exemption 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 this route, such a public interest finding is warranted. The 

service for which Aeromexico requests authority also will benefit business 

travelers, tourists, and shippers, further demonstrating that grant of the 

exemption would be consistent with the public interest.