BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

 AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-1997-3289 

 ) 

for renewal of exemption authority ) 

(Mexico-U.S. beyond U.S. gateways) ) 

__________________________________________) 

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

FOR RENEWAL OF 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 January 31, 2013.

January 16, 2013
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

 AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-1997-3289 

 ) January 15, 2013 

for renewal of exemption authority ) 

(Mexico-U.S. beyond U.S. gateways) ) 

__________________________________________) 

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

FOR RENEWAL OF EXEMPTION 

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

("Aeromexico") respectfully requests renewal of the exemption authority last 

renewed by Notice of Action Taken dated January 27, 2012 (the “NOAT”) in 

the above-captioned docket. That exemption permits Aeromexico to engage 

in foreign air transportation of persons, property and mail between points in 

Mexico and points within the United States beyond Aeromexico’s authorized 

U.S. gateway points for transborder services, for the purpose of blind-sector 

code-sharing services operated between the U.S. gateway points and other 

points in the U.S. on services operated by either Aeromexico, Delta Air Lines, 

Inc. ("Delta"), or the Delta Connection carriers (listed in the NOAT as 

Atlantic Southeast Airlines, Inc. (“ASA”), and Comair, Inc.) The exemption 

authority currently is set to expire January 27, 2013, and Aeromexico 

requests that it be renewed for an additional, one-year period. Aeromexico 
- 2 - Aeromexico 

Renewal Application 

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. By this application, Aeromexico seeks renewal of its exemption 

authority to provide service between points in Mexico and points in the U.S. 

beyond its gateways via its code share agreement with Delta Air Lines, Inc. 

and Delta Connection carriers. Using its blanket exemption authority and 

the blanket code share authorization issued to Delta and the Delta 

Connection carriers, Aeromexico is providing valuable, single-carrier service 

between Mexico and numerous U.S. communities via its U.S. gateways. The 

services clearly provide significant benefits to Mexican and U.S. travelers, 

and Aeromexico seeks renewal of the blanket exemption so that it can 

continue to provide these services. 

3. Renewal of the exemption authority is consistent with the Air 

Transport Agreement, as amended in 1999 and 2005, between the United 

Mexican States and the United States and with Department code-sharing 

policies set forth in Order 99-6-6. Aeromexico continues to hold authority 

from the DGAC to serve beyond-U.S.-gateway points. Thus, the requested