BEFORE THE

**DEPARTMENT OF TRANSPORTATION**

**WASHINGTON, D.C.**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

)

Application of )

)

AEROTRANSPORTES MAS DE CARGA, S.A. )

de C.V. (MAS de Carga) )

)

> ) Docket OST 96-1249

For Renewal of Exemption Authority )

Pursuant to 49 U.S.C. Section 40109 )

(former Section 416(b) of the )

Federal Aviation Act of 1958, as )

Amended). )

)

> )

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_)

**REPLY OF AEROTRANSPORTES MAS DE CARGA, S.A. de C.V.**

Communications with respect to

this document should be sent to:

Celestino Pena, Esq.

Attorney for Aerotransportes MAS de Carga, S.A. de C.V.

Brickell Harbour 12-C

200 S.E. 15^th^. Road

Miami, Florida 33129

Telephone: (305) 856-5655

Facsimile: (305) 854-1515

Cpena2@bellsouth.net

DATE: October 5, 2007

.

**BEFORE THE**

**DEPARTMENT OF TRANSPORTATION**

**WASHINGTON, D.C.**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

)

Application of )

)

AEROTRANSPORTES MAS DE CARGA, S.A. )

de C.V. (MAS de Carga) )

) Docket No.: 96-1249

For Renewal of Exemption Authority )

Pursuant to 49 U.S.C. Section 40109 )

(former Section 416(b) of the )

Federal Aviation Act of 1958, as )

Amended). )

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**REPLY OF AEROTRANSPORTES MAS DE CARGA, S.A. de C.V.**

AEROTRANSPORTES MAS DE CARGA, S.A. de C.V. ("MAS de CARGA", or "MAS")
submitted on August 24, 2007, its application for the renewal of its
existing regulatory authority in the above captioned Docket 1249. This
authority covers routes between Mexico and the United States as provided
in the bilateral agreements in effect . *[See]{.underline}*

Notice of Action Taken issued by the Department of Transportation on
September 18, 2006. No Statements have been filed in this Docket by
third parties, either objecting or otherwise commenting on MAS de
CARGA's request for renewal.

A Supplemental Application thereto was subsequently filed last September
12, 2007, so as to request the addition of Atlanta to the points served
by MAS de CARGA, in that the requisite designation to operate scheduled
all-cargo flights in the route Mexico City-Atlanta had only been issued
to MAS de CARGA on September 5, 2007 by Mexico's Dirección General de
Aeronáutica Civil ("DGAC"). It is in connection with this Supplemental
Application that Amerijet International, Inc. ("Amerijet") has submitted
an Answer asking the Department "to stay its hand" and "not (to) act on
this application until the present disposition of the Government of
Mexico is made clear" \--this disposition of the the Government of
Mexico being relative, according to Amerijet's filing, to instances in
which Amerijet claims not to have been granted in the past
authorizations to operate beyond a Mexico terminal point as a continuing
flight.

MAS de CARGA respectfully replies, on the same good faith spirit and
willing disposition expressed by Amerijet, that Amerijet's request would
in fact disadvantage MAS de CARGA and would certainly deprive MAS from
operational flexibilities agreed upon by the two countries. This concept
of operational flexibilities is precisely one of the key basis of the
U.S.-Mexico Air Transport Agreement of December 12, 2005. Section B.1
and Section D.3 therein are drafted in the broadest of terms, allowing
designated carriers of either party operational flexibilities such as,
among others, the ability to omit points in any or all flights, to
combine different flight numbers within one aircraft operation,
[and]{.underline} *to combine points in any order on the authorized
routes* (emphasis added). By combining Miami and Atlanta operations, MAS
is merely putting into practice the rational, economically prudent
operational opportunities afforded to all designated carriers under the
terms of the existing bilateral. Again, with all due deference MAS
submits that there is a disproportionate weight in comparing the routine
combination of points exchanged in their respective territories by both
signatories (such as MAS operation Miami-Atlanta-Mexico) , when
contrasted to operations involving points beyond, which, of necessity,
involve economic, political and legal considerations of different
degrees and magnitudes. In addition, there is no concrete frame of
reference in this particular case, inasmuch as no specific dates or
instances are cited of the refusals from the Government of Mexico which
Amerijet claims in its Answer.

WHEREFORE, MAS de CARGA respectfully requests that authority be granted
to provide scheduled service as described in its Applications pending in
Docket OST-1249 and such other relief as the Department may deem
appropriate.

Respectfully submitted,

> Celestino Pena Celestino Pena, Esq.
>
> Brickell Harbour 12-C
>
> 200 S.E. 15^th^. Road
>
> Miami, Florida 33129
>
> Attorneys for Aerotransportes MAS de Carga, S.A. de C.V.
>
> Cpena2@bellsouth.net

Dated: October 5, 2007.

# CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on this 5^th^ day of October, 2007, a true and
correct copy of the foregoing document has been served by facsimile all
persons named in the attached Service List.

> [Celestino Pena]{.underline}
>
> Celestino Pena, Esq.
>
> Brickell Harbour 12-C
>
> 200 S.E. 15^th^. Road
>
> Miami, Florida 33129
>
> Cpena2@bellsouth.com

[carl.nelson@aa.com]{.underline}

##  [***jrichardson@johnlricharson.com***](mailto:jrichardson@johnlricharson.com)

<rpriddy@naca.cc>

> <msinick@ssd.com>

[john.palla@evergreenaviation.com](mailto:tom.lydon@evergreenaviation.com)

> rsilverberg@sgbdc.com

<rtaylor@steptoe.com>

recohn@hhlaw.com

sascha.vander<bellen@nwa.com>

> jonathan.moss@wilmerhale.com

<dvaughan@kelleydrye.com>

<hkamen@coair.com>

<rbkeiner@crowell.com>

<jmanley@wilmer.com>

<kevimo@polaraircargo.com>

> <baileyr@alpa.org>

<jamestello@earthlink.net>

<tbolling@crowell.com>

<agoerlich@bgairlaw.com>

<Tgillies@southernair.com>

<lhalloway@crowell.com>

<pmurphy@lopmurphy.com>

<nathaniel.breed@shawpittman.com>

<brian.hunt@iflyata.com>

<cdonley@ssd.com><rpommer@atlasair.com>

<whcallaway@zsrlaw.com>

<romanow@pillsburywinthrop.com>

<lachter@starpower.net>