BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-1996-1303 

 ) 

 for renewal of exemption authority ) 

(Hermosillo-Phoenix) ) 

__________________________________________) 

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

FOR RENEWAL OF 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 February 24, 2012. 

February 9, 2012
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-1996-1303 

 ) February 9, 2012 

 for renewal of exemption authority ) 

(Hermosillo-Phoenix) ) 

__________________________________________) 

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

FOR RENEWAL OF AN EXEMPTION

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

("Aeromexico") respectfully requests renewal of the above-captioned 

exemption, granted by Notice of Action Taken dated February 11, 2011 (the 

“Notice”), for an additional, one-year period. The Notice permits Aeromexico 

to engage in scheduled foreign air transportation of persons, property, and 

mail between Hermosillo, Mexico and Phoenix, Arizona. Aeromexico intends 

to invoke the automatic extension provisions of 5 U.S.C. § 558(c) and Part 377 

of the Department's Special Regulations. 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 

 Renewal Application 

 2. By this application, Aeromexico seeks renewal of its exemption to 

serve the Hermosillo-Phoenix market. The authority is scheduled to expire on 

February 11, 2012. Aeromexico's current, nonstop service in the market 

provides significant benefits to the traveling public. Consequently, it seeks to 

renew the authority for an additional year. 

 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 the route and continues to hold 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. 

Moreover, the benefits which the service generates for business travelers,