BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) 

AEROLITORAL, S.A. DE C.V. ) 

 d/b/a AEROMEXICO CONNECT ) DOCKET OST-2012- 

 ) 

for exemptions and a statement of ) 

authorization (Mexico City-Dallas/Ft. Worth) ) 

__________________________________________) 

EXPEDITED ACTION REQUESTED 

JOINT APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. AND 

AEROLITORAL, S.A. DE C.V. FOR EXEMPTIONS 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 AEROVIAS DE MEXICO, S.A. 

DE C.V. AND 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 the Joint 

Applicants and upon persons served with this application no 

later than August 14, 2012. APPLICANT INTENDS TO POLL. 

DATED: July 30, 2012
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

AEROVIAS DE MEXICO, S.A. DE C.V. ) 

AEROLITORAL, S.A. DE C.V. ) 

 d/b/a AEROMEXICO CONNECT ) DOCKET OST-2012- 

 ) July 30, 2012 

for exemptions and a statement of ) 

authorization (Mexico City-Dallas/Ft. Worth) ) 

__________________________________________) 

JOINT APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. AND 

AEROLITORAL, S.A. DE C.V. FOR EXEMPTIONS AND 

CODE-SHARE STATEMENT OF AUTHORIZATION 

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

Mexico, S.A. de C.V. (“Aeromexico”) and Aerolitoral, S.A. de C.V. d/b/a 

Aeromexico Connect (“Aerolitoral”) (together, the “Joint Applicants”) 

respectfully request that the Department grant the following authorizations 

so that they may conduct service, with Aerolitoral operating aircraft and 

displaying Aeromexico’s “AM*” code, in, the Mexico City-Dallas/Ft. Worth 

market under their code-sharing agreement: 

a. Exemption authority to Aerolitoral for one year to the extent necessary 

to permit it to engage in scheduled foreign air transportation of 

persons, property, and mail between Mexico City, Mexico and 

Dallas/Ft. Worth, Texas. 

b. Exemption authority to Aeromexico for one year to the extent 

necessary to permit it to engage in scheduled foreign air transportation 

of persons, property, and mail, pursuant to its code-share agreement 
- 2 - 

Aeromexico and Aerolitoral 

 Application 

with Aerolitoral, between Mexico City, Mexico and Dallas/Ft. Worth, 

Texas. 

 

c. Statement of authorization for an indefinite period to permit 

Aerolitoral to display Aeromexico’s “AM” designator code on flights 

operated by Aerolitoral on the route listed in paragraph (a) above. 

So that they may begin marketing code-share service under the requested 

authority promptly for operations beginning later this year, the Joint 

Applicants request expedited consideration of this application; after polling 

U.S. carriers served with this application, they will report the poll results to 

the Department. In support of this application, the Joint Applicants state as 

follows: 

 1. The Joint Applicants are flag carriers of the United Mexican States 

that hold extensive Department authority to provide service between Mexico 

and numerous U.S. points, and they provide extensive transborder service 

pursuant to this authority, generally under Aeromexico’s “AM” code. 

 2. By this application, the Joint Applicants each seek an exemption to 

engage in scheduled, combination service in the Mexico City-Dallas/Ft. Worth 

market, and Aerolitoral requests a statement of authorization to display 

Aeromexico’s AM code on flights operated on that route by Aerolitoral. 

Proposed, twice-daily, nonstop service on this route, using the Embraer E-190 
- 3 - 

Aeromexico and Aerolitoral 

 Application 

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 will be designated to serve the Mexico 

City-Dallas/Ft. Worth route.1 Further, under Annex 3 either party may 

authorize an airline to serve a transborder route by displaying its code on 

flights of an airline designated to operate service on that route. The Mexican 

Direccion General de Aeronautica Civil has authorized Aerolitoral and 

Aeromexico to engage in code-share operations over the route. The Joint 

Applicants understand that the Mexican government has confirmed this 

authorization in writing to the U.S. government. For all these reasons, the 

proposed code-share service is consistent with the agreement and, therefore, 

the public interest. 

 

1/ 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.