Order 2012-10-19

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 13th day of August, 2012

 Served: October 16, 2012

Application of

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

VIVAAEROBUS

 Docket DOT-OST-2011-0148

 

for an amended foreign air carrier permit under 49 U.S.C. 

§41301 

FINAL ORDER

By Order 2012-7-24, issued July 20, 2012, we directed all interested persons to show cause why we 

should not make final our tentative findings and conclusions stated therein and award an amended foreign 

air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We 

gave interested 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 

Presidential review under 49 U.S.C. §41307) which will make final the findings 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 award 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 the 

charter prior approval conditions set forth in Orders 2007-11-3 and 2008-1-23;

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

become effective on the 61st 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 she 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 61st day is October 15, 2012. Since 

the President’s designee did not disapprove this order before that date, it became effective on October 15, 2012.
3. To the extent not acted upon above, we dismiss all remaining requests for relief in Docket DOT-OST2011-0148; 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 the U.S. Department 

of State

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)
Appendix 

Issued by

Order 2012-10-19

 UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

--------------------------------------------------------

PERMIT TO FOREIGN AIR CARRIER

(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 and 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, Mexico 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 in 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 both 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, convention 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 bilateral 

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 to 
any 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 States 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 conduct 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 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