BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-2013- ) for an exemption (Mexico-Los Angeles ) markets) ) __________________________________________)

EXPEDITED ACTION REQUESTED

APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. FOR 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 22, 2013. APPLICANT INTENDS TO POLL.

February 7, 2013BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) AEROVIAS DE MEXICO, S.A. DE C.V. ) DOCKET OST-2013- ) February 7, 2013 for an exemption (Mexico-Los Angeles ) markets) ) __________________________________________)

APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. FOR AN EXEMPTION Pursuant to 49 U.S.C. § 40109(c), Aerovias de Mexico, S.A. de C.V. ("Aeromexico") respectfully requests an exemption from the provisions of 49 U.S.C. § 41301 to the extent necessary to permit Aeromexico to engage in scheduled foreign air transportation of persons, property, and mail in the following markets: Cancun, Mexico-Los Angeles, California Huatulco, Mexico-Los Angeles Ixtapa/Zihuatenejo, Mexico-Los Angeles So that it may begin marketing servic e proposed for April 2013, Aeromexico requests expedited consideration of this application; after polling U.S. carriers served with this application, it will report the poll results to the Department. In support of this applic ation, Aeromexico st ates 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- 2 - Aeromexico Exemption Application

authorize service between Mexico and nu merous U.S. points. Pursuant to this authority, Aeromexico provid es extensive tran sborder service.

2. By this application, Aeromexico seeks an exemption to engage in scheduled, combination service in thes e three Mexico-Los Angeles markets. Daily nonstop services on each of th ese routes, using Boeing B737 or other appropriate aircraft, will generate signif icant benefits for the traveling and shipping public.

3. Annex 1 to the 1960 Air Transpor t Agreement, as amended, between

the United Mexican States and the Unit ed 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 or will shortly be designated to serve these routes, and it holds Mexican 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 pub lic interest finding is warranted. The service for which Aeromexico requests authority also will benefit business