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 Aero mexico and upon persons served with this application no later than January 31 , 2013

. January 16, 2013BEFORE 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. Aero mexico is a flag carrier of the United Mexican States and currently holds a permit, Order 91

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- 25, and various exemp tions 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

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- 6. Aero mexico continue s to hold authority from the DGAC to serve beyond

- U.S.

- gateway points. Thus, the requested