BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

 ) 

Joint Application of ) 

 ) 

AEROVÍAS DE MÉXICO, S.A. DE C.V. and )

 ) DOCKET OST-2014-____ 

SOCIÉTÉ AIR FRANCE ) 

 ) 

for an exemption and a blocked-space/ ) 

code-share statement of authorization ) 

(Mexico City-Atlanta) ) 

__________________________________________) 

JOINT APPLICATION OF AEROVÍAS DE MÉXICO, S.A. DE C.V.

AND SOCIÉTÉ AIR FRANCE FOR EXEMPTION

AND A 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 Boulevard Ste 300

Bethesda, Maryland 20817

(202) 747-5212

john@mietuslaw.com

Counsel for AEROMEXICO

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington DC 20004

(202) 637-4999/5659

robert.cohn@hoganlovells.com 

patrick.rizzi@hoganlovells.com 

Counsel for AIR FRANCE

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 December 8, 2014. THE 

JOINT APPLICANTS INTEND TO POLL.

November 21, 2014
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

 ) 

Joint Application of ) 

 ) 

AEROVÍAS DE MÉXICO, S.A. DE C.V. and )

 ) DOCKET OST-2014-____ 

SOCIÉTÉ AIR FRANCE ) November 21, 2014

 ) 

for an exemption and a blocked-space/ ) 

code-share statement of authorization ) 

(Mexico City-Atlanta) ) 

__________________________________________) 

JOINT APPLICATION OF AEROVÍAS DE MÉXICO, S.A. DE C.V.

AND SOCIÉTÉ AIR FRANCE FOR EXEMPTION

AND A STATEMENT OF AUTHORIZATION

Aerovías de México, S.A. de C.V. ("Aeromexico") and Société Air France 

(“Air France”) (together, the “Joint Applicants”) respectfully apply for the 

following authority to engage in scheduled, foreign air transportation of 

property and mail between Mexico City, Mexico, and Atlanta, Georgia, as 

described below:

(1) an exemption, pursuant to 49 U.S.C. § 40109 and for an initial period 

of one year, authorizing Aeromexico to operate such service between 

Mexico City and Atlanta by placing its code on Air France flights; and

(2) a statement of authorization, pursuant to 14 C.F.R. Part 212 and of 

indefinite duration, permitting Air France to display the AM* 

designator code of Aeromexico on Air France-operated flights between 

Mexico City and Atlanta.

So that Aeromexico may begin marketing cargo service in this city-pair, 

which is already served by Air France freighters, the Joint Applicants request 
Aeromexico/Air France

Application

Page 2 

expedited Department action and will report the results of their poll of U.S. 

carriers served with the Joint Application.1

In support of this Joint Application, the Joint Applicants state as 

follows:

1. Pursuant to a recently-concluded arrangement between Aeromexico 

and Air France, both members of the SkyTeam Alliance, Air France has 

agreed to display Aeromexico’s designator code on certain all-cargo flights 

operated by Air France between Atlanta and Mexico City.

2. Aeromexico is a flag carrier of the United Mexican States that holds 

Department permit and exemption authority to provide service between 

Mexico and numerous U.S. points. It provides extensive U.S.-Mexico service.

3. Air France holds a foreign air carrier permit, issued by Order 2008-

3-16. Consistent with the U.S.-European Union Air Services Agreement, that 

permit authorizes Air France, among other things, to engage in “foreign 

scheduled and charter cargo air transportation between any point or points.”

4. Annexes I and III to the 1960 Air Transport Agreement, as last 

amended in 2005, 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” and may do so pursuant to “cooperative marketing arrangements 

2/ The Joint Applicants also request a waiver of the 45-day advance notice requirement 

prescribed by 14 C.F.R. § 212.10(d)(2).

 
Aeromexico/Air France

Application

Page 3 

with an airline . . . of a third country.” The Joint Applicants understand that 

the Mexican government has notified, or shortly will notify, the Department 

that Aeromexico is authorized to serve the Atlanta-Mexico City city-pair with 

freighter aircraft operated by Air France, and a public interest finding is 

therefore warranted. 2 The services for which Aeromexico requests authority 

also will benefit consolidators and shippers, further demonstrating that grant 

of the exemption would be consistent with the public interest.

5. The Joint Applicants request that the statement of authorization 

requested by Air France remain in effect for an indefinite period, subject to 

the conditions normally imposed by the Department. They will comply with 

all relevant Department regulations and conditions in operating and holding 

out the proposed code-share/blocked space service.

3/ 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.