Compania Mexicana de Aviacion, S.A. de C.V. and Aerovias de Mexico, S.A. de C.V.

OST-2004-17323 - Exemption - Morelia-Los Angeles

March 10, 2004

Joint Application for Exemption and Statements of Authorization

Mexicana and Aeromexico have entered into a codeshare agreement pursuant to which they have agreed to codeshare on various flights operated by each other between the United States and Mexico.

Mexicana requests a statement of authorization permitting Mexicana to display Aeromexico's two-letter "AM" code on flights operated by Mexicana in the Mexico City-Los Angeles and Morelia-Los Angeles markets. Mexicana already holds from the Department underlying authority to operate on these routes.

Aeromexico requests an exemption permitting it to serve Morelia-Los Angeles under a codeshare arrangement with Mexicana. Aeromexico requests a statement of authorization permitting it to display Mexicana's two-letter "MX" code on flights operated by Aeromexico in the Mexico City- Los Angeles and Monterrey-Las Vegas markets. Aeromexico holds underlying authority to serve these route.

Aeromexico expects that the Mexican Government will shortly authorize Aeromexico to engage in codeshare service between Morelia and Los Angeles and that its authorization will be delivered directly to the United States. The United States has recognized consistently that the inclusion of a point in a bilateral agreement to which the United States is a party and the designation of a foreign carrier by its home country government for service to that point satisfy all public interest requirements for the grant of exemption authority.

Counsel: Squire Sanders, Charles Donley, 202-626-6840 for Mexicana / Counsel: Piper Rudnick, William Evans, 202-861-6459 for Aeromexico

Filed March 10, 2004 | Issued June 2, 2004

Notice of Action Taken

1) Exemption from 49 USC section 41301 to permit Aeromexico to conduct scheduled, combination service between Morelia, Mexico, and Los Angeles, California; 2) Statement of Authorization under 14 CFR Part 212 to permit Mexicana to carry Aeromexico’s designator code on Mexicana’s flights in the Morelia-Los Angeles market; 3) Statement of Authorization under Part 212 to permit Aeromexico to carry Mexicana’s designator code on Aeromexico’s flights operated between Monterrey, Mexico, and Las Vegas, Nevada; 4) Statement of Authorization under Part 212 to permit Mexicana to carry Aeromexico’s code on Mexicana’s flights operated between Mexico City, Mexico, and Los Angeles, California; and 5) Statement of Authorization under Part 2 12 to permit Aeromexico to carry Mexicana’s code on Aeromexico’s flights operated between Mexico City and Los Angeles.

By: Paul Gretch

June 7, 2004

Re: Codeshare

On March 10, 2004, Aerovias de Mexico, S.A. de C.V. and Compania Mexicana de Aviacion, S.A. de C.V., filed an application in the above‑entitled docket seeking various exemption authorities and code share statements of authorization. In particular, Aeromexico seeks exemption authority between Morelia, Mexico, and Los Angeles, California. In that regard, I am enclosing a copy of the internal communication from the Mexican Direccion General de Aeronautica Civil to the Secretaria de Relaciones Exteriores requesting that Aeromexico be designated for the Morelia‑Los Angeles route.

Counsel: Piper Rudnick, William Evans, 202-861-6459

May 24, 2005

Application for Renewal of Exemption Authority

By this application, Aeromexico seeks renewal of its exemption authority to provide service between Morelia, Mexico, and Los Angeles, California, which was granted by Notice of Action Taken, dated June 2, 2004. The exemption is scheduled to expire on June 2, 2005. Aeromexico currently provides daily nonstop round trip service by placing its "AM" designator code on B‑757 and A‑320 flights operated by Compania Mexicana de Aviacion, S.A. de C.V. between Morelia and Los Angeles pursuant to a Statement of Authorization granted in this proceeding. This nonstop service clearly has generated service benefits for the traveling public, and continuation of the service clearly is in the public interest.

Counsel: DLA Piper Rudnick, William Evans, 202-861-6459

Filed May 24, 2005 | Issued March 12, 2007

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to conduct scheduled foreign air transportation of persons, property and mail between Morelia, Mexico and Los Angeles, California.

By: Paul Gretch

February 7, 2008

Application for Renewal of Exemption Authority

By this application, Aeromexico seeks renewal of its exemption authority to provide service between Morelia and Los Angeles. The authority currently is set to expire on March 12, 2008. Although Aeromexico currently is serving the route via connections in Mexico City, it desires to retain the nonstop authority so it may institute such service when traffic conditions warrant.

Counsel: Mietus Law, William Evans, 202-747-5212, bill@mietuslaw.com

Filed February 7, 2008 | Issued February 29, 2008

Notice of Action Taken

Renewal of exemption from 49 USC §41301 to permit the applicant to conduct scheduled foreign air transportation of persons, property, and mail between Morelia, Mexico, and Los Angeles, California.

By: Paul Gretch