BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

) 

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

D/B/A AEROMEXICO CONNECT ) DOCKET OST-2012-0114

 ) 

for renewal of exemption authority ) 

(Hermosillo-Phoenix) ) 

__________________________________________) 

APPLICATION OF AEROLITORAL, S.A. DE C.V. 

D/B/A AEROMEXICO CONNECT FOR 

RENEWAL OF AN EXEMPTION 

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. 

 D/B/A AEROMEXICO CONNECT

 

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 August 8, 2013.

July 24, 2013
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

) 

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

D/B/A AEROMEXICO CONNECT ) DOCKET OST-2012-0114

 ) July 24, 2013 

for renewal of exemption authority ) 

(Hermosillo-Phoenix) ) 

__________________________________________) 

APPLICATION OF AEROLITORAL, S.A. DE C.V. 

D/B/A AEROMEXICO CONNECT FOR 

RENEWAL OF AN EXEMPTION 

 Pursuant to 49 U.S.C. § 40109(c), Aerolitoral, S.A. de C.V., d/b/a 

Aeromexico Connect (“Aerolitoral”) respectfully requests renewal of the 

above-captioned exemption, granted by Notice of Action Taken dated August 

3, 2012 (the “Notice”), for an additional, one-year period. The Notice permits 

Aerolitoral to engage in scheduled foreign air transportation of persons, 

property, and mail between Hermosillo, Mexico and Phoenix, Arizona. 

Aerolitoral 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, Aerolitoral states as follows: 

1. Aerolitoral is a flag carrier of the United Mexican States and 

currently holds exemption authority which authorizes U.S.-Mexico charter 

service and scheduled service between Mexico and several U.S. points. 

Pursuant to that authority, Aerolitoral operates service between Mexico and 
- 2 - Aerolitoral 

Renewal Application 

the United States marketed under the “AM” code of Aerovias de Mexico, S.A. 

de C.V. (“Aeromexico”).

2. By this application, Aerolitoral seeks renewal of its exemption, as 

amended, to engage in scheduled foreign air transportation of persons, 

property and mail between Hermosillo and Phoenix. The authority is 

scheduled to expire on August 3, 2013. Aerolitoral currently is serving this 

route, and it therefore seeks to renew the authority 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 

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." Aerolitoral has 

been designated to serve the route, and it continues to hold DGAC authority 

to serve the route. 

4. Under 49 U.S.C. § 40109(c), the Department may grant an 

exemption 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 2004-8-24 at 3-4; Fast Air 

Carrier Ltda., Permit Amendment, Order 82-2-66 at 3-4. Given Aerolitoral's 

designation for this market, such a public interest finding is warranted. 

Moreover, the benefits which Aeromexico/Aerolitoral services generate for