Order 2012

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY
WASHINGTON, D.C.

Issued by the Department of Transportation

o n th e 13 th d ay of August , 2012

Served: Oct ober 16, 2012

Application of

AEROENLACES NACIONALES, S.A. de C.V. d/b/a

VIVAAEROBUS Docket DOT

- OST

- 20 11

- 0148

for a n amended foreign air carrier permit under 49 U.S.C.
§41301

FINAL ORDER

By Order 201 2

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, issued July 20, 2012

, we directed all interested persons to show cause why we

should not make final our tentative findi ngs and conclusions stated therein and award a n amended foreign air carrier permit in the form attached to the Order and subject to th e conditions attac hed thereto. We gave i nterested persons 21 days to file objections to the Order. We said that if no objections are filed, all further procedural steps shall be deemed waived, and the Department will enter an order (subject to

Presidenti al review under 49 U.S.C. § 41307) which will make final the findin gs and conclusions of the

Order

.

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stated in the Order and awar d to Aeroenlaces Nacionales, S.A. de C.V. d/b/a vivaAerobus the amended foreign air carrier permit with associated conditions attached to the Order (and attached as the Appendix to the present Order), subject also to t he charter prior approval conditions s et forth in Order s 2007

- 1 1

- 3 and 2008

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- 23 ;

2. Unless disapproved by the President of the United States under 49 U.S.C. § 41307, this order shall

become effective on the 61 st day after its submission for § 41307 review or upon the date of receipt of

advice from the President or his designee under Executive Order 12597 and implementing regulations that

he or sh e does not intend to disapprove the Department’s order under that section, whichever occurs

earlier ; 1

1 This order was submitted for review under 49 U.S.C. §41307, on August 13, 2012

. The 61 st day is October 15, 2012 . Since

the Pres ident’s designee did not disapprove this order before that date, it became effective on October 15, 2012

.3. T o the extent not acted upon above, we dis miss all remaining requests for relief in Docket DOT

- OST

2011

- 0148 ; and

4. We will serve a copy of this order on Aeroenlaces Nacionales, S.A. de C.V. d/b/a vivaAerobus, the Embassy of Mexico in Washington, D.C., the Federal Aviation Administration, and t he U.S. Department

of State

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)Appendix

Issued by

Order 2012

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### -------------------------------------------------------- PERMIT TO FOREIGN AIR CA RRIER (as amended)



### ---------------------------------------------------------



### Aeroenlaces Nacionales, S.A. de C.V. d/b/a vivaAerobus

A Foreign Air Carrier of Mexico

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S . Code, and the orders, rules, and regulations of the Department of Transportation, to engage in the following:

A. Scheduled foreign air transportation of persons, property, and mail between: 1) Monterrey, Mexico and Orlando, Florida; 2) Monterrey, Mexico an d Miami, Florida; 3) Guadalajara, Mexico and Houston, Texas; 4) Guadalajara, Mexico and San Antonio, Texas; 5) Monterrey, Mexico and Las Vegas, Nevada; 6) Monterrey, Mexico and Houston, Texas; 7) Monterrey, Mexico and San Antonio, Texas; 8) Monterrey, Mexi co and Chicago, Illinois; and 9) Guadalajara, Mexico and Las Vegas, Nevada; and

B. Charter foreign air transportation of persons, property and mail between Mexico and the

United States.

The holder shall also be authorized to engage in other charter trips i n foreign air transportation, subject to the terms, conditions, and limitations of the Department’s regulations governing charters.

This permit and the exercise of the privileges granted in it shall be subject to the terms, conditions and

limitations in b oth the order issuing this permit and the attachment to this order, and to all applicable provisions of any treaty, convention or agreement affecting international air transportation now in effect, or that may become effective during the period this permit remains in effect, to which the United States and the holder’s homeland are or shall become parties.

This permit shall be effective on October 15 , 2012. Unless otherwise terminated at an earlier date pursuant to the terms of any applicable treaty, conve ntion or agreement, this permit shall terminate (1) upon the dissolution or liquidation of the holder to whom it was issued; (2) upon the effective date of any treaty, convention, or agreement or amendment, which shall have the effect of eliminating the bi lateral right for the service authorized by this permit from the service which may be operated by airlines designated by the Government of Mexico (or, if the right is partially eliminated, then the authority of this permit shall terminate in like part); (3 ) upon the effective date of any permit granted by the Department toany other carrier designated by the Government of Mexico in lieu of the holder; or (4) upon the termination or expiration of the applicable air services agreement between the United State s and Mexico. However, clause (4) of this paragraph shall not apply if prior to such termination or expiration, the foreign air transportation authorized herein becomes the subject of another treaty, convention or agreement to

which the United States and Mexico become parties.

The Department of Transportation has executed this permit and affixed its seal on August 13, 2012

.

By:

PAUL L. GRETCH

Director

Office of International Aviation 

### (SEAL)Appendix

Foreign Air Carrier Permit Conditions

In the cond uct of the operations authorized, the foreign carrier applicant 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 b e 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 Transportat ion 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 th is 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 fil ed 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 Gover nment 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 opera tions 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) base d 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 purcha sed 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 transportati on" 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 Unit ed 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,

co mply 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 aut hority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code.

12/2007