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 APPLICANT S INTEND TO POLL.
December 18 , 2012BEFORE 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 ofpersons, 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.

S o 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

. T hey 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 Toluc a and Atlanta. Proposed daily, n onstop 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 Me xican 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
To luca-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 M exican 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 , O rder 82-2-66 at 3- 4.