BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ ) Application of ) ) AEROLITORAL, S.A. DE C.V. ) d/b/a AEROMEXICO CONNECT ) DOCKET OST-2012- ) for an exemption and a statement of ) authorization (Mexico-U.S. markets) ) __________________________________________)

APPLICATION OF AEROLITORAL, S.A. DE C.V. D/B/A AEROMEXICO CONNECT FOR AN EXEMPTION AND CODE-SHARE STATEMENT OF AUTHORIZATION

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 AEROLITORAL, 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 Aerolitoral and upon persons served with this application no later than December 1 5 , 2012.

November 30
, 2012BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ ) Application of ) ) AEROLITORAL, S.A. DE C.V. ) d/b/a AEROMEXICO CONNECT ) DOCKET OST-2012- ) November 30, 2012 for an exemption and a statement of ) authorization (Mexico-U.S. markets) ) __________________________________________)

APPLICATION OF AEROLITORAL, S.A. DE C.V. D/B/A AEROMEXICO CONNECT FOR AN EXEMPTION AND CODE-SHARE STATEMENT OF AUTHORIZATION

Pursuant to 49 U.S.C. § 40109(c) and 14 C.F.R. Part 212, Aerolitoral,

S.A. de C.V. d/b/a Aeromexico Connect (“Aerolitoral”) respectfully request s
that the Department grant the following authorizations so that it may

conduct service, with Aerolitoral operating aircraft and displaying the “AM*”

code of Aerovias de Mexico, S.A. de C.V. ( “ Aeromexico ” ), in the Mexico-U.S.

city-pair markets listed below under their code-sharing agreement:

a. Exemption authority for one year to the extent necessary to permit Aerolitoral to engage in scheduled foreign air transportation of persons, property, and mail in the following markets:

Guadalajara, Mexico

– Phoenix, Arizona Mexico City, Mexico

– Phoenix, Arizona

b. Statement of authorization for an indefinite period to permit Aerolitoral to display Aeromexico’s “AM” designator code on flights operated by Aerolitoral on the routes listed in paragraph (a) above.- 2 - Aerolitoral Application

c. Waiver of the 45-day advance filing requirement for the codeshare statement of authorization under 14 C.F.R. Part 212.

In support of this application, Aerolitoral states as follows:

1. A erolitoral is a flag carrier of the United Mexican States that hold s

extensive Department authority to provide service between Mexico and

numerous U.S. points, and i t provide s extensive transborder service pursuant

to this authority, generally un der Aeromexico’s “AM” code.

2

. By this application, A eroli toral requests an exemption and a

statement of authorization to engage in scheduled, combination service in the

markets listed above by displaying Aeromexico’s AM c ode on flights operated

on thos e route s by Aerolitoral. 1 The proposed, daily, non

- stop services on

these routes
, using the Embraer E

- 190 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." The Joint

Applicants understand that Aerolitoral has be en designated to serve both

1/ Aeromexico already holds exemption authority in the markets as follows:Guadalajara-Phoenix (Notice of Action Taken issued Dec. 12, 2011 in Docket OST2011 -0117); Mexico City-Phoenix (NOAT issued M ar . 1 , 2012 in OST-1996-1304).