BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

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

d/b/a AEROMEXICO CONNECT ) DOCKET OST-2011-0116 

 ) 

for renewal of an exemption ) 

(Monterrey-Brownsville) ) 

__________________________________________) 

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.

 

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 June 22, 2012. 

June 7, 2012
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

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

d/b/a AEROMEXICO CONNECT ) DOCKET OST-2011-0116 

 ) June 7, 2012 

for renewal of an exemption ) 

(Monterrey-Brownsville) ) 

__________________________________________) 

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 June 17, 

2011 (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 Monterrey, Mexico and Brownsville, Texas. 

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 service between 

Mexico and a number of U.S. points. Pursuant to that authority, Aerolitoral 
 

 - 2 - Aerolitoral 

 Renewal Application 

generally provides services between Mexico and the United States that 

display the “AM” code of Aerovias de Mexico, S.A. de C.V. 

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

serve the Monterrey-Brownsville market. The authority is scheduled to 

expire on June 17, 2012. Aerolitoral currently is serving the market, 

providing significant benefits to the traveling public and carrying 

Aeromexico’s code under authority granted in Docket OST-2011-0184. 

Consequently, it 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 continues to hold DGAC authority to 

do so. 

 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 route, such a public interest finding is warranted.