Application of Aerovías De México, S.a. De C.v. for a Statement of Authorization

Aerovías de México, S.A. de C.V. ("Aeromexico") respectfully applies, under 14 C.F.R. Part 212, for a blanket statement of authorization to the extent necessary for Aeromexico to display the LA* designator code of LATAM Airlines Group S.A. ("LATAM") on flights operated by Aeromexico from points behind Mexico, via Mexico and intermediate points, to any point or points in the United States and beyond.1 The carriers intend to commence code-share services in the near future. Accordingly, Aeromexico requests expedited action on this application and a waiver of the 45-day advance filing requirement in 14 C.F.R. § 212.10(d)(2). Aeromexico also requests, consistent with Department precedent, that the statement of authorization be effective for an indefinite period.

In support of this application, Aeromexico respectfully states as follows:

1. Aeromexico, a carrier of the United Mexican States, currently provides service between Mexico and the United States under its foreign air carrier permit issued by Department Order 2017-3-5.

2. LATAM currently operates U.S. service pursuant to exemption authority that enables LATAM to engage, among other things, in scheduled foreign air transportation of persons, property and mail from any point or points behind Chile, via Chile and intermediate points, to any point or points in the U.S. and beyond. Notice of Action Taken dated Aug. 5, 2016 in Docket OST-1999-6493 (APA renewal pending).

3. A code-sharing agreement between Aeromexico and LATAM contemplates their connection, via Mexico City, of LATAM traffic traveling between Chile and the United States. LATAM will not market the requested codeshare service to local passengers traveling solely between the U.S. and Mexico. The initial code-sharing routes contemplated by the parties are attached as an Exhibit.

4. The authority requested herein is consistent with the authority available to the carriers under air transport agreements providing for their U.S. operations. Under Article 8.7(b) of the 2015 U.S.-Mexico Air Transport Agreement, Aeromexico may engage in cooperative marketing arrangements, including codesharing with airlines of third countries. The requested authority is also consistent with the code-sharing provisions of the 1999 U.S.-Chile Air Transport Agreement and the 2001 Multilateral Agreement on the Liberalization of International Air Transportation ("MALIAT") to which both the U.S. and Chile are parties.

5. Grant of this application is in the public interest, as the services contemplated by Aeromexico and LATAM will enable them to develop the full range of services permitted under applicable air service agreements and provide passengers with additional service options. Further, the authority requested herein is fully consistent with the Department's open-skies code-sharing precedent as applied to Mexico. See Aeromexico and Aerolineas Argentinas, Action on Application dated Feb. 28, 2019 in Docket OST-2019-0027; WestJet and Aeromexico, Action on Application dated April 18, 2017 in Docket OST-2016-0024, as amended May 31, 2017.

6. Consistent with the Department's February 9, 2009 Notice in the Matter of Blanket Notification of Codeshare Service to Open-Skies Partners and Points, Aeromexico notifies the Department of its intent to display the LA* code on flights operated by Aeromexico from open skies points behind Mexico, via Mexico and intermediate open skies points to any point or points in the U.S. and to open skies points beyond the U.S. Aeromexico will provide the required 30-day notice before implementing code-share service under the requested authorization to non-Open Skies points. Aeromexico will conduct its code-share operations in compliance with 14 C.F.R. Part 257 and will accept the Department's standard code-share conditions.

7. Because the carriers plan to implement the proposed code-sharing services as soon as all regulatory approvals are received, Aeromexico respectfully requests expedited action on this application and will poll the U.S. carrier representatives on the attached service list. Aeromexico also requests a waiver of the 45-day advance filing requirement of 14 C.F.R. § 212.10(d)(2) so that LATAM may begin marketing and selling these services as soon as possible.

WHEREFORE, Aerovías de México, S.A. de C.V. respectfully requests that the Department grant the requested statement of authorization and waiver and such other relief as the Department may deem necessary or proper.

Respectfully submitted,

John R. Mietus, Jr. Counsel for AEROVÍAS DE MÉXICO, S.A. DE C.V. January 26, 2021

Initial Code-Sharing Routes Between Mexico City, Mexico and:

Chicago, Illinois

Denver, Colorado

Houston, Texas

Las Vegas, Nevada

Los Angeles, California

Miami, Florida

New York, New York

Orlando, Florida

San Antonio, Texas

San Francisco, California

Seattle, Washington