UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on December 6 , 2011



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 9

- 0298

________________________________________________________________________________________________ ________ 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: November 17, 2011

Relief requested: Renewal of e xemption under 49 USC § 40109 to permit the applicant to engage in s cheduled foreign air transportation of persons, property, and mail between Hermosillo , Mexico, and Las Vegas, Nevada

. The applicant further requests amendment of its foreign air carrier permit under 49 USC §4 1301 to integrate this authority. 1

If renewal, date and citation of last action: December 13, 2010 , in this Docket.

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

, 202

- 331

- 3348

DOT analyst: Robert J. Finamore , 202

- 366

- 2405

Responsive pleadings: None.

DISPOSITION

Action: Approved, in part ( request for exemption authority )

, remainder ( request for amended permit authority)

deferred. 2

Action date: December 6 , 2011

Effective dates of authority granted: December 6 , 2011

, through December 6 , 201 2

.

Basis for approval (bil ateral 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 applica nt was qualified to perform its proposed operations; (3) grant of the authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy an d

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 po ints 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 ope ratio ns in accordance with 14 CFR Part 212. In addition to the authority at issue in the instant application, the applicant has previously requested that its permit also be amended in Docket DOT

- OST

- 2011

- 0148 to include a number of exemption authorities it h as been granted 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, DOT

- OST

- 2011

- 0060 , and DOT

- OST

- 2011

- 0148 )

. 2 We will act on the applic ant’s amended permit request separately.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 effec tive when taken, and the filing of a petit ion 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 Departmen t;

(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 I IR of its plans and to find out whether the Tra nsportation 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 operat ions 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 a nd 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 th e 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 o r 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 ma y 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.

1 2/2007