Aerolaces Nacionales, S.A. de C.V.

OST-2007-28926 - Exemption - Mexico-Austin

August 2, 2007

Application for an Exemption - 17 MB

vivaAerobus, a Mexican air carrier, respectfully applies for an exemption authorizing it to engage in scheduled foreign air transport of persons, property and mail from a point or points in Mexico to a point or points in the United States, as well as such charter authority permitted under the U.S.-Mexico Air Transport Agreement. vivaAerobus plans to institute the service in the first week of November 2007. vivaAerobus will poll those airlines on the list and report the results to the Department. Concurrently with this application for an exemption, vivaAerobus is filing an application for a Foreign Air Carrier Permit. vivaAerobus requests that the Department grant this exemption for at least two-year period, or until the Department acts on its permit application. vivaAerobus plans to use five Boeing 737-300 aircraft on this route.

Counsel: Kirstein & Young, David Kirstein, 202-331-3348, jyoung@yklaw.com

August 13, 2007

Re: Polling Results

This is to advise that we have polled all interested parties, and no party has objected to the Application. The American and Alaska no objections are based on the authority being granted for the six specific Mexico-Austin trans-border city-pairs named in vivaAerobus's Exemption Applications and not for "between a point or points in Mexico and a point or points in the United States." vivaAerobus agrees to the authority being limited to the six specific city-pair market.

Counsel: Kirstein & Young, David Kirstein, 202-331-3348 x224, dkirstein@yklaw.com

OST-2007-28919 - Foreign Air Carrier Permit - Mexico-Austin
OST-2007-28926 - Exemption - Mexico-Austin

October 12, 2007

Re: Ownership Information

This is to follow up on your request regarding the citizenship of the owners of ownership of Inversionistas en Autotransportes Mexicanos, SA de CV, which owns 75.03% of vivaAerobus through a wholly owned subsidiary OmniAir, S.A. de C.V. There are 841 individual shareholders, all of whom are citizens of Mexico. Except for the two shareholders whose names were previously provided in the applications, no IAMSA shareholder holds more than 5% of that company's voting shares.

Counsel: Kirstein & Young, David Kirstein

Order 2007-11-3
OST-2007-28919 - Foreign Air Carrier Permit - Mexico-Austin
OST-2007-28926 - Exemption - Mexico-Austin

Issued and Served November 5, 2007

Order Granting Exemption and to Show Cause

We grant the request of Aeroenlaces Nacionales, S.A. de C.V. d/b/a vivaAerobus for an exemption under 49 U.S.C. §40109 to permit it to engage in: 1) scheduled foreign air transportation of persons, property, and mail between the Mexican points of Monterrey, Guadalajara, Puebla, Leon, Queretaro, and Cancun, on the one hand, and Austin, Texas, on the other hand; and 2) charter foreign air transportation of persons, property, and mail between Mexico and the United States, and other charter operations in accordance with 14 CFR Part 212.

Our action granting the exemption authority described herein is effective immediately, for a period of one year from the issue date of this order, or until the attached permit becomes effective, whichever is earlier.

With respect to the applicant’s request for a foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department

By: Paul Gretch