BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

 ) 

Application of ) 

) 

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

D/B/A AEROMEXICO CONNECT ) DOCKET OST-2012-0146

 ) 

for renewal of exemption authority ) 

(Merida-Miami) ) 

__________________________________________) 

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

john@mietuslaw.com

Counsel for AEROLITORAL, S.A. DE C.V.

 D/B/A AEROMEXICO CONNECT

 

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 December 10, 2014.

November 25, 2014
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

 ) 

Application of ) 

) 

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

D/B/A AEROMEXICO CONNECT ) DOCKET OST-2012-0146

 ) November 25, 2014

for renewal of exemption authority ) 

(Merida-Miami) ) 

__________________________________________) 

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 

December 10, 2013, for an additional, one-year period. That Notice permits 

Aerolitoral to engage in scheduled foreign air transportation of persons, 

property, and mail between Merida, Mexico and Miami, Florida. 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 U.S.-Mexico charter 

service and scheduled service between Mexico and several U.S. points. 

Pursuant to that authority, Aerolitoral operates service between Mexico and 
- 2 - Aerolitoral

Renewal Application

the United States marketed under the “AM” code of Aerovias de Mexico, S.A. 

de C.V. (“Aeromexico”).

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

amended, to engage in scheduled foreign air transportation of persons, 

property and mail between Merida and Miami. The authority is scheduled to 

expire on December 10, 2014. Aerolitoral currently is serving this route, and 

it therefore 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 it continues to hold DGAC authority 

to serve the route.

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 market, such a public interest finding is warranted. 

Moreover, the benefits which Aeromexico/Aerolitoral services generate for