OST-1997-2619 - Aerolitoral - Mexico-US Passenger Charters

OST-1997-2619

Aerolitoral

Servicios Aereos Litoral S.A. de C.V. and AeroLitoral, S.A. de C.V.

OST-1997-2619 - Exemption - Mexico-US Charters

June 13, 1997

Joint Application for an Exmeption

The shareholders technically will approve a merger between Servicios and Aeroactivos, S.A. de C.V., a subsidiary of Cintra, S.A. de C.V., which owns the aircraft operated by Servicios. It is expected that the merger will be approved by the shareholders on or about June 17, 1997. After the approval, Aeroactivos, S.A. de C.V. will change its name to Aerolitoral, S.A. de C.V. Consequently, the application is being filed in the name of Aerolitoral.

Exhibit 1 - Authorized Markets | Exhibit 2 - Servicios Aereos Litoral Balance Sheet for 5/31/97 | Exhibit 3 - AeroLitoral Balance Sheet for 5/31/97 | Exhibit 4 - Aerolitoral Pro Forma Balance Sheet 6/30/97 | Service List

Answers are due by June 25, 1997 - Intends to Poll

Counsel: Verner Liipfert, William Evans, 202-371-6030

July 10, 1997

Supplement to Joint Application for an Exmeption

Attached hereto is a copy of a letter from the Direccion General de Aeronautica Civil to the Secretaria de Relaciones Exteriores requesting that designations in the markets listed therein currently in favor of Servicios be cancelled and that Aerolitoral be designated to serve those markets. Joint Applicants expect that in the near future the appropriate diplomatic note will be transmitted to the Department. The merger of Servicios and Aerolitoral has been consummated and service is being operated by Aerolitoral. The services are being operated with small equipment, i.e., aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds.

Attachment – Markets Authorized to Serve

Counsel: Verner Liipfert, William Evans, 202-371-6030

July 18, 1997

Notice of Action

Relief requested: (At the time this joint application was filed, Servicios and Aerolitoral were merging. The merger was consummated prior to July 1, 1997, with Aerolitoral as the surviving carrier.) Exemption from 49 USC section 41301 to permit Aerolitoral to conduct the following operations, using only small equipment, for a period of one year -- A) scheduled, combination services between: 1) Chihuahua, Mexico, and El Paso, Texas; 2) Cindad Obregon, Mexico, and Tucson, Arizona; 3) Hermosillo, Mexico, and Phoenix, Arizona; 4) Hermosillo, Mexico, and Tucson, Arizona; 5) Monclova, Mexico, and San Antonio, Texas; 6) Monterrey, Mexico, and Harlingen, Texas; 7) Monterrey, Mexico, and McAllen, Texas; 8) Monterrey, Mexico, and San Antonio, Texas; and 9) Nogales, Mexico, and Phoenix, Arizona; and B) charter foreign air transportation of persons, property and mail between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212. Statement of Authorization under 14 CFR Part 212 to permit Aerolitoral, using only small equipment, for a period of one year, to carry the code of Aerovias de Mexico in the nine markets listed above and to wet lease equipment to Aerovias de Mexico for that carrier's operations between Guaymas, Mexico, and Tucson, Arizona.

By: Paul Gretch / Counsel: William Evans, 202-371-6030

Order 97-8-18

Issued August 21, 1997 | Served August 26, 1997

Order

Aerovias de Mexico, S.A. de C.V. | OST-97-2650
Servicios Aeroeos Litoral, S.A. de C.V. and Aerolitoral, S.A. de C.V. | OST-97-2619
Compania Mexicana de Aviacion, S.A. and United Air Lines, Inc. | OST-96-1988 and Undocketed
Compania Mexicana de Aviacion, S.A. de C.V. | OST-96-1495 | OST-96-1464
Aerotransportes Mas de Carga, S.A. de C.V. | OST-96-1249
Compania Mexicana de Aviacion, S.A. and Empresa de Transporte Aero del Peru | Undocketed

OST-97-2619 | Undocketed | June 30, 1998

Application for Renewal of Exemption Authority and Statements of Authorization

Aerolitoral seeks to wet lease small equipment to Aeromexico for Aeromexico's operations between Guaymas and Tucson. These exemptions and Statements of Authorization are scheduled to expire on July 1, 1998. Aerolitoral requests that this authority be renewed for an additional period of one year.

Answers are due by July 15, 1998.

Service List

Counsel: Verner Liipfert, Ronald Brower, 202.371.6000

OST-97-2619 Undocketed	May 23, 2002	Amendment to Application for Renewal of Exemption Authority and Statements of Authorization	U.S.- Mexico
		Service List

Aerolitoral, a flag carrier of the United Mexican States, no longer holds a designation for the Monclova-Houston, Monterrey-Harlingen, and Nogales-Phoenix markets, and it has no immediate intention of requesting a new designation for those routes. Consequently, Aerolitoral no longer seeks renewal of its exemption authority or its code share statement of authorization in those markets.

As to Monterrey-McAllen, by Notice of Action Taken, dated August 16, 2001, in Docket OST-O1-10272, the Department granted Aerolitoral new exemption authority in this market. The Department also authorized Aerolitoral to carry Aeromexico's designator code on its Monterey-McAllen flights. Thus, there is no need to renew the Monterrey-McAllen authority granted in the present docket.

Similarly, Aerolitoral no longer requests renewal of the statement of authorization to wet lease aircraft to Aeromexico in the Guaymas-Tucson market. This statement was renewed by separate action of the Department in No. 99-601 through December 16, 2000. On November 7, 2000, Aerolitoral notified the Department that it was not seeking renewal of the Statement.

By Notice of Action Taken, dated May 17, 2002, in Docket OST-02-12209, the Department granted the following authority:

(a) exemption authority for one year to Aerolitoral and Aeromexico to conduct scheduled combination services between Chihuahua, Mexico and El Paso, Texas; Ciudad Obregon, Mexico and Tucson, Arizona; Hermosillo, Mexico and Tucson, Arizona; and Monterrey, Mexico and San Antonio, Texas.
(b) a Statement of Authorization for an indefinite period permitting Aerolitoral to display Aeromexico's "AM" code on flights operated by Aerolitoral between Chihuahua, Mexico and El Paso, Texas; Ciudad Obregon, Mexico and Tucson, Arizona; Hermosillo, Mexico and Tucson, Arizona; and Monterrey, Mexico and San Antonio, Texas.

As a result of the above action, there is no need to renew the comparable authority contained herein.

Since Aerolitoral has a continuing need for charter authority, it reiterates its request that its exemption authority to engage in charter foreign air transportation be renewed for an additional year.

Counsel: Verner Liipfert, William Evans, 202.371.6030

Filed June 30, 1998 | Issued May 7, 2003

Notice of Action Taken | Word

By: Paul Gretch

April 8, 2004

Application for Renewal of an Exemption

By this application, Aerolitoral seeks renewal of its exemption to conduct passenger and cargo charters between Mexico and the United States and other charters in accordance with 14 C.F.R. Part 212 using small equipment. The exemption is set to expire on May 7, 2004. Aerolitoral currently utilizes the charter authority to conduct wet lease operations for Aerovias de Mexico, S.A. de C.V., and it desires to continue those operations. Thus, it seeks renewal of the charter authority.

Counsel: Piper Rudnick, William Evans, 202-861-6459

Filed April 8, 2004 | Issued May 3, 2004

Notice of Action Taken | Word

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct, using small equipment (see below), passenger and cargo charter operations between Mexico and the United States, and other charters in accordance with 14 CFR Part 212.

By: Paul Gretch

April 8, 2005

Application for Renewal of Exemption Authority

Aerolitoral currently utilizes the charter authority to offer Mexico‑U.S. passenger charters and to conduct wet lease operations for Aerovias de Mexico, S.A. de C.V., and it desires to continue these operations. Thus, it seeks renewal of the charter authority.

Counsel: DLA Piper Rudnick, William Evans, 202-861-6459

June 8, 2005

Notice of Action Taken

By: Paul Gretch

May 17, 2006

Application for Renewal of Exemption Authority

By this application, Aerolitoral seeks renewal of its exemption to conduct passenger and cargo charters between Mexico and the United States and other charters in accordance with 14 C.F.R. Part 212 using small equipment. The exemption is set to expire on June 8, 2006. Aerolitoral currently utilizes the charter authority to offer Mexico-U.S. passenger charters and to conduct wet lease operations for Aerovias de Mexico, S.A. de C.V., and it desires to continue these operations. Thus, it seeks renewal of the charter authority.

Counsel: DLA Piper Rudnick, William Evans, 202-861-6459

Filed May 17, 2006 | Issued August 1, 2006

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to continue to conduct passenger and cargo charter operations between Mexico and the United States, and other charters in accordance with 14 CFR Part 212, using small equipment.

By: Paul Gretch

June 29, 2007

Application for Renewal of an Exemption from 49 USC 41301

By this application, Aerolitoral seeks renewal of its exemption to conduct passenger and cargo charters between points in Mexico and points in the United States, and other charters in accordance with 14 C.F.R. Part 212, using small equipment. The authority is scheduled to expire on August 1, 2007. Aerolitoral uses the charter authority to offer Mexico-U.S. passenger charters and to conduct wet lease operations for Aerovias de Mexico, S.A. de C.V., and it desires to continue these operations. Thus, Aerolitoral seeks renewal of the charter authority.

Counsel: Law Offices of John Mietus, William Evans, 410-827-5074, bill@mietuslaw.com

Filed June 29, 2007 | Issued October 17, 2007

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to conduct passenger and/or cargo charter operations between Mexico and the United States, and other passenger and cargo charters in accordance with 14 CFR Part 212, using small equipment.

We have decided, on our own initiative and in the interest of administrative efficiency, to grant the applicant's authority for a two-year term.

We note, however, that the applicant must meet any reporting requirements set forth in its FAA Operations Specifications.

By: Paul Gretch

OST-1997-2619 - Aerolitoral - Exemption - Mexico-US Charters
OST-2000-7264 - Aerolitoral - Statement of Authorization - Monterrey-San Antonio; Chihuahua-El Paso Codesharing with Mexicana
OST-2001-10833 - Aerolitoral - Statements of Authorization - US-Mexico Codesharing with Delta
OST-2001-11101 - Aerolitoral - Statement of Authorization - Hermosillo-Los Angeles Codesharing with AeroMexico
OST-2002-12209 - Aerolitoral - Statement of Authorization - Chihuahua-El Paso; Hermosillo-Tucson; Monterrey-San Antonio Codesharing with AeroMexico
OST-2004-16972 - AeroMexico - Statement of Authorization - US-Mexico Codesharing with Continental
OST-2006-24705 - Aerolitoral - Exemption and Statement of Authorization - La Paz-Los Angeles Codesharing with AeroMexico
OST-2006-26515 - Aerolitoral - Exemption and Statement of Authorization - Loreto-San Diego Codesharing with AeroMexico
OST-2007-29021 - Aerolitoral - Exemption - Puerto Penasco-Las Vegas/Los Angeles/Ontario/Phoenix
OST-2007-29208 - Aerolitoral - Exemption - Culiacan-Phoenix; Hermosillo-Las Vegas
Undocketed

November 26, 2007

Application for Amendment

Aerolitoral and its predecessors traditionally operated small aircraft such as Fairchild Metro III, Saab 340B, and Embraer ERJ 145 aircraft with less than 60 passenger seats. As a result, all authority Aerolitoral applied for and received from the Department was limited to operations using small aircraft. However, to Aerolitoral's knowledge, its designations under the U.S.-Mexico bilateral aviation agreement, as amended, do not include such a limitation, nor is its homeland economic authority so limited.

Aerolitoral now has added its first large aircraft, an Embraer ERJ 190-100LR aircraft (which is advertised by Embraer with configurations ranging from 94 to 114 passenger seats) to its fleet of 33-seat Saab 340B and 50-seat Embraer ERJ145 aircraft. The first ERJ190, registered in Mexico as XA-AAC, and additional ERJ190s will be subleased from Aeromexico, which in turn is leasing them from Celestial Aviation Trading 15 Limited of Ireland. Heavy maintenance for these aircraft will be provided by Embraer Aircraft Maintenance Services, Inc., which holds the necessary DGAC authorization, and Aerolitoral mechanics and local contractors will provide line maintenance.

Counsel: Law Offices of John Mietus, John Mietus, 202-747-5212, john@mietuslaw.com

Filed November 26, 2007 | Supplemented December 11, 2007 | Issued December 12, 2007

Notice of Action Taken

Amendment to exemptions from 49 USC §41301 and statements of authorization under 14 CFR Part 212 contained in the above referenced Dockets, and also amendment to an undocketed statement of authorization that authorizes Aerolitoral to wet lease aircraft to Aeromexico in all Mexico-U.S. markets in which Aeromexico holds authority, to remove the small aircraft restriction on these authorized Mexico-U.S. operations.

By: Paul Gretch

Filed November 26, 2007 | Supplemented December 11, 2007 | Issued December 12, 2007

Notice of Action Taken - Corrected Copy

This Notice of Action Taken has been reissued to correctly reflect the referenced Docket numbers

By: Paul Gretch