BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

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1 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) DOCKETS OST ) OST Application of ) OST ) OST AEROVIAS DE MEXICO, S.A. DE C.V. ) OST ) OST for renewal of exemption authority ) OST (various Mexico-U.S. markets) ) OST ) OST ) OST ) APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. FOR RENEWAL OF EXEMPTIONS 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 (202) (240) 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 December 15, November 30, 2012

2 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) DOCKETS OST ) OST Application of ) OST ) OST AEROVIAS DE MEXICO, S.A. DE C.V. ) OST ) OST for renewal of exemption authority ) OST (various Mexico-U.S. markets) ) OST ) OST ) OST ) November 30, 2012 APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. FOR RENEWAL OF EXEMPTIONS Pursuant to 49 U.S.C (c), Aerovias de Mexico, S.A. de C.V. ("Aeromexico") respectfully requests renewal of its exemption authority to engage in scheduled foreign air transportation of persons, property, and mail in the following ten Mexico-U.S. markets as granted by the Notices of Action Taken listed below: Market Docket (OST-) Notice of Action Taken Cancun-Atlanta /14/2011 Durango-Chicago /12/2011 Guadalajara-Ontario (CA) /6/2011 Guadalajara-Phoenix /12/2011 Mexico City-Atlanta /6/2011 Mexico City-Denver /14/2011 Mexico City-Las Vegas /22/2011 Mexico City-San Antonio /12/2011 Monterrey-San Antonio /22/2011 Morelia-Chicago /12/2011

3 - 2 - Aeromexico Renewal Application Aeromexico requests that exemption authority for these ten markets be renewed for an additional, one-year period. 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 , 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 serve the ten markets listed above. Exemption authority for these markets is scheduled to expire on the one-year anniversary of each corresponding Notice of Action Taken, that is, between December 6 and 22, As to each market, Aeromexico either is serving the market with nonstop flights or wishes to maintain authority so that it can resume nonstop service should conditions warrant. Aeromexico s services in Mexico-U.S. markets provide significant benefits to the traveling public. Consequently, Aeromexico seeks to renew the authority to serve all of these markets 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

4 - 3 - Aeromexico Renewal Application 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 listed markets and continues to hold DGAC authority to do so. 4. Under 49 U.S.C (c), the Department may grant exemption authority 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 at 3-4; Fast Air Carrier Ltda., Permit Amendment, Order at 3-4. Given Aeromexico's designation for these markets, such a public interest finding is warranted. Moreover, the benefits which Aeromexico s services generate for business travelers, tourists, and shippers alike further demonstrate that renewal of the exemption authority is consistent with the public interest.

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