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-2013- 

 ) 

for exemptions and a statement of ) 

authorization (Mexico-U.S. markets) ) 

__________________________________________) 

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 February 22, 2013. THE JOINT APPLICANTS 

INTEND TO POLL. 

DATED: February 7, 2013
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-2013- 

 ) February 7, 2013 

for exemptions and a statement of ) 

authorization (Mexico-U.S. markets) ) 

__________________________________________) 

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-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: 

La Paz, Mexico-Los Angeles, California 

Mexico City, Mexico-Laredo, Texas 

Monterrey, Mexico-Houston, Texas 

Monterrey, Mexico-Miami, Florida 
- 2 - 

Aeromexico and Aerolitoral 

 Application 

Monterrey, Mexico-San Antonio, Texas 

Puerto Peñasco, Mexico-Las Vegas, Nevada 

Puerto Peñasco, Mexico-Los Angeles, California 

b. Exemption authority for one year to the extent necessary to permit 

Aeromexico to engage in scheduled foreign air transportation of 

persons, property, and mail in the following markets (Aeromexico holds 

authority in the remaining markets as described below): 

La Paz, Mexico-Los Angeles, California 

Mexico City, Mexico-Laredo, Texas 

Monterrey, Mexico-Houston, Texas 

Puerto Peñasco, Mexico-Las Vegas, Nevada 

Puerto Peñasco, Mexico-Los Angeles, California 

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 routes listed in paragraph (a) above. 

d. a waiver of the 45-day advance filing requirement for the codeshare 

statement of authorization under 14 C.F.R. Part 212. 

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

authority as soon as possible, 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. 
- 3 - 

Aeromexico and Aerolitoral 

 Application 

 2. By this application, the Joint Applicants seek exemptions and 

statements of authorization to engage in scheduled, combination service in 

the markets listed above by displaying Aeromexico’s AM code on flights 

operated on those routes by Aerolitoral.1 The proposed, daily, non-stop 

services on these routes, using 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 been or shortly will be designated 

to serve all of the routes.2 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 each route. The Joint 

Applicants understand that the Mexican government has confirmed, or will 

 

1/ Aeromexico already holds exemption authority in the Monterrey-Miami and 

Monterrey-San Antonio markets by Notices of Action Taken dated June 13, 2012 in 

Docket OST-2012-0090 (Miami) and December 22, 2011 in Docket OST-2009-0159 

(San Antonio; renewal pending). 

 

2/ 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.