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, 2013
BEFORE 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 service 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 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 
 

 - 2 - Aeromexico 

 Exemption Application 

authorize service between Mexico and numerous U.S. points. Pursuant to 

this authority, Aeromexico provides extensive transborder service. 

 2. By this application, Aeromexico seeks an exemption to engage in 

scheduled, combination service in these three Mexico-Los Angeles markets. 

Daily nonstop services on each of these routes, using Boeing B737 or other 

appropriate aircraft, will generate significant benefits for the traveling and 

shipping public. 

 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 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 public interest finding is warranted. The 

service for which Aeromexico requests authority also will benefit business