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 (Toluca-Atlanta) ) 

__________________________________________) 

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 January 2, 2013. THE JOINT APPLICANTS 

INTEND TO POLL.

December 18, 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- 

 ) December 18, 2012 

for exemptions and a statement of ) 

authorization (Toluca-Atlanta) ) 

__________________________________________) 

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, between Toluca, Mexico and Atlanta, 

Georgia 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 between Toluca, Mexico and Atlanta, 

Georgia. 

 
- 2 - 

Aeromexico and Aerolitoral 

Application 

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 between Toluca and Atlanta on a codeshare basis with Aerolitoral, on flights operated by Aerolitoral. 

 

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. 

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 code-share service under the requested authority 

early in 2013, 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. They provide extensive transborder service 

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

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

statements of authorization to engage in scheduled, combination service 

between Toluca and Atlanta. Proposed daily, nonstop service on this route, 
- 3 - 

Aeromexico and Aerolitoral 

Application 

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 will be designated to serve the 

Toluca-Atlanta 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 shortly will confirm 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.