BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_________________________________________ 

 ) 

Application of ) 

 ) 

TRANSCARGA INT'L AIRWAYS, C.A. ) DOCKET OST-2001-11231 

 ) 

for amendment/renewal of an exemption ) 

(Venezuela-U.S. charter, all-cargo service) ) 

_________________________________________ ) 

APPLICATION OF TRANSCARGA INT'L AIRWAYS, C.A. 

FOR AMENDMENT AND 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 - Telephone 

(240) 396-5362 - Fax 

john@mietuslaw.com 

Counsel for TRANSCARGA INT'L 

AIRWAYS, C.A. 

NOTICE: Any person may support or oppose this application by filing an 

answer and serving a copy of the answer on counsel for Transcarga and upon 

persons served with this application no later than May 14, 2012. 

 

April 27, 2012
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_________________________________________ 

 ) 

Application of ) 

 ) 

TRANSCARGA INT'L AIRWAYS, C.A. ) DOCKET OST-2001-11231 

 ) April 27, 2012 

for amendment/renewal of an exemption ) 

(Venezuela-U.S. charter, all-cargo service) ) 

_________________________________________ ) 

APPLICATION OF TRANSCARGA INT'L AIRWAYS, C.A. 

FOR AMENDMENT AND RENEWAL OF AN EXEMPTION

 Pursuant to 49 U.S.C. § 40109(c), Transcarga International Airways, 

C.A. ("Transcarga") respectfully requests that the Department: (1) amend 

the above-captioned exemption, granted by Notice of Action Taken dated 

April 17, 2007 (the “Notice”), to remove the condition requiring that 

Transcarga use wet-leased aircraft; (2) renew and extend for an additional, 

one-year period the exemption as so amended;1 and (3) grant such additional 

or other relief as the Department may deem necessary or appropriate. So 

that the Department may have a complete record on which to act, Transcarga 

is restating2 and updating all of the information required by 14 C.F.R. § 

 

1 Transcarga applied on April 14, 2008 to renew the exemption granted by the 

Notice and invoked the automatic extension provisions of 5 U.S.C. § 558(c) 

and Part 377 of the Department's Special Regulations. Transcarga continues 

to rely on that renewal application to maintain its current, wet-lease-only 

authority in effect pending Department action. 

2 Transcarga last provided updated information in its April 14, 2008 renewal 

application. While a foreign air carrier permit application filed by 

Transcarga remains pending in Docket OST-2001-11230, Transcarga is not 

specifically requesting that the Department act on the permit at this time. 
Transcarga 

Exemption Amendment and Renewal 

Page 2 

211.20 in the Exhibits attached to this application and in the following 

narrative: 

 1. Transcarga is a Venezuelan-flag carrier headquartered in Caracas, 

Venezuela. It is controlled and almost entirely owned by its Chairman and 

CEO, Julio Marquez Biaggi, a Venezuelan citizen and legal permanent 

resident of the U.S. 

2. Transcarga has held Department authority since 2002 to engage in 

charter foreign air transportation of property and mail between Venezuela 

and the United States and other all-cargo charters in accordance with 14 

C.F.R. Part 212. In addition to the wet-lease condition discussed above, 

Transcarga's exemption requires prior Department approval of cargo charter 

operations; this condition was imposed by Notice of Action Taken dated 

February 22, 2002 in this docket. 

3. Transcarga is fit, willing, and able to provide all-cargo, charter 

foreign air transportation with its own aircraft to and from the United States. 

Transcarga has operated safely in Venezuela for many years, and the Federal 

Aviation Administration has rated Venezuela "Category 1" under the 

International Aviation Safety Assessment Program since 2006. Transcarga's 

key personnel possess substantial business and aviation experience, and the 

carrier has the financial resources necessary to serve the United States safely 

and without undue risk. 
Transcarga 

Exemption Amendment and Renewal 

Page 3 

 3. While the U.S.-Venezuela Air Transport Agreement does not 

specifically provide for charters, both countries have approved the operation 

of cargo charters. Indeed, Transcarga understands that a number of U.S. allcargo carriers currently operate charters to and from Venezuela. The 

Department also has removed wet-lease conditions, identical to the condition 

on Transcarga's current authority, from the authority held by other 

Venezuelan carriers. See Santa Barbara Airlines, Notice of Action Taken 

dated Jan. 24, 2007 in Docket OST-2000-8448; Aeropostal Alas de Venezuela, 

Notice of Action Taken dated Nov. 16, 2006 in Docket OST-1998-3770. 

4. Transcarga's proposed operations with its own aircraft will benefit 

the shipping public by providing additional, competitive price and service 

options for shippers in Venezuela-U.S. markets and otherwise are consistent 

with the public interest for the reasons described herein. These operations 

will have a limited environmental impact.3/ 

 

 

3/ Transcarga estimates that its forecast U.S. operations would not result in a 

net change in fuel consumption of 10,000,000 gallons of fuel or more 

annually. Accordingly, issuance of the requested authority will not constitute 

a "major federal action significantly affecting the quality of the human 

environment" within the meaning of section 102(2)(c) of the National 

Environmental Policy Act or a "major regulatory action" under the Energy 

Policy and Conservation Act, as implemented in Part 313 of the Department's 

Regulations. 

Transcarga 

Exhibit 1 

INFORMATION SUPPLIED PURSUANT 

TO THE DEPARTMENT'S REGULATIONS 

 Transcarga hereby supplies, in support of its application, the information 

required by the Department pursuant to 14 C.F.R. § 211.20. 

(a) Name and address of applicant; form and country of organization. 

Transcarga Int'l Airways, C.A. 

Av. Rio Caura, Torre Humboldt, Piso 5, Ofic. 513 

Prados del Este 

Caracas 

VENEZUELA 

 Transcarga is a Venezuelan Compañía Anónima (public limited company). 

 

(b) Government air transport authority of applicant's homeland. 

Instituto Nacional de Aeronáutica Civil 

Av. José Félix Sosa con Av. Luis Roche, Torre Británica 

Altamira Sur 

Caracas 

VENEZUELA 

(c) Authority requested and proposed services. 

Transcarga was first licensed by the Department in 2002. It currently holds 

exemption authority, in force under the automatic extension provisions of 5 

U.S.C. § 558(c) and 14 CFR Part 377, to engage in charter foreign air 

transportation of property and mail between Venezuela and the United 

States, and other all-cargo charters in accordance with 14 CFR Part 212. 

Exercise of this authority is limited to aircraft wet-leased from a duly 

authorized and properly supervised U.S. or foreign air carrier and requires 

prior Department approval of specific operations. 

By this application, Transcarga requests that the Department: (1) amend the 

above-captioned exemption, granted by Notice of Action Taken dated April 

17, 2007 (the “Notice”), to remove the condition requiring that Transcarga 

use wet-leased aircraft; (2) renew and extend for an additional, one-year 

period the exemption as so amended; and (3) grant such additional or other 

relief as the Department may deem necessary or appropriate. 

 Transcarga proposes to begin operating its own aircraft to Miami, airports in 

Puerto Rico, or other U.S. points to provide on-demand freighter service. 
Transcarga 

Exhibit 1 

Page 2 

 

(d) Names, addresses, citizenship, and experience of directors, officers, 

and key personnel of applicant. 

 The following individuals may be reached through the headquarters of 

Transcarga at the address listed above, and none are related by blood or 

marriage. Each person listed is a Venezuelan citizen. 

Board of Directors

Julio J. Marquez Biaggi, President of the Board of Directors and 

 Chief Executive Officer 

 Mr. Perez, a legal permanent resident of the U.S., formed Transcarga in 

1998. His 28 years' aviation experience includes 14 years as a pilot at 

Venezuelan carriers Avensa and Viasa, and he currently owns Heligolfo, a 

Colombian airline operating small aircraft, and a 25% share in Island Wings, 

Inc., a Part 135 air taxi based in Fort Lauderdale, Florida. 

 

Domingo Pérez Sanchez, Member of the Board and Vice President 

 Mr. Perez's 50-year aviation career includes six years as a dispatcher and 

pilot at Avensa, 27 years at Viasa, and three years at Aeropostal before 

joining Transcarga in 2002. 

Zulma Rodriguez Gotera, Member of the Board and Vice President- 

 Administration and Finance 

 Ms. Rodriguez joined Transcarga in 2003 while completing her degrees in 

business administration and public accounting; she also holds an MBA from 

Universidad Metropolitana in Caracas. 

Maria C. Fargione, Member of the Board and Legal Counsel 

 Ms. Fargione joined Transcarga in 2007 after 16 years in private and 

corporate legal practice, particularly in business and tax matters, and as the 

Secretaria Titular of a Caracas tax court. She holds a law degree and a 

Master's degree in tax law. 

Other Officers and Key Personnel

Miguel Bolivar, Vice President Operations 

Captain Bolivar has been with Transcarga since 2009 and has logged more 

than 18,000 flight hours during his 40 years of aviation experience. He 

joined Transcarga from Sundance Air Venezuela and also flew for Viasa and 

Latin Cargo. 
Transcarga 

Exhibit 1 

Page 3 

Carlos Osorio, Vice President Maintenance 

Mr. Osorio joined Transcarga in 2010 and has taught and managed aircraft 

maintenance activities for more than 20 years. His experience includes 

positions at two airlines, Sundance Air Venezuela and Aeroejecutivos. 

Jaime Pérez, Project Manager and Maintenance Advisor 

Mr. Perez, who joined Transcarga in 2008 and acted as its director of 

maintenance until 2010, has 26 years' aviation experience at Viasa and Air 

Aruba and at Raytheon Beechcraft and Servisair operations in Venezuela. 

He holds a degree in aeronautical engineering and an FAA A&P license. 

 (e) Persons having a substantial interest in the applicant. 

 Julio J. Marquez owns 92% of the stock of Transcarga; the remainder is held 

by Famarca, C.A., a Venezuelan company owned by members of the Marquez 

family.

(f) Ownership or control of other airlines or transportation companies. 

 Transcarga does not hold any interest in (1) any U.S. air carrier, (2) any other 

foreign air carrier, (3) any person engaged in the business of aeronautics, or 

(4) any common carrier or any person whose principal business is the holding 

of stock in, or control of, any air carrier. 

 

(g) Relationship between applicant and its homeland government. 

 There is no relationship, other than that occasioned by regulatory oversight, 

between Transcarga and the Venezuelan government. 

(h) Insurance coverage. 

 The carrier is covered by insurance that meets or exceeds the requirements of 

14 C.F.R. Part 205 and will file OST Form 6411 with the Federal Aviation 

Administration. 

 
Transcarga 

Exhibit 1 

Page 4 

(i) Applicant's homeland operating authority. 

Exhibit 2 contains a copy of the current Air Operator Certificate (AOC TIWA-027) issued to Transcarga by INAC. Pursuant to this authority, 

Transcarga is authorized to operate worldwide, all-cargo service "on demand" 

(i.e., as charter service). 

 

(j) Operating history of the applicant. 

Transcarga began operations in Venezuela in 1998 and first received 

Department exemption authority for all-cargo charters in 2002. Its most 

recent U.S. operations occurred during 2007-2008, when Transcarga operated 

Venezuela-U.S. cargo service using aircraft wet-leased from Centurion Air 

Cargo. 

k) Fleet information. 

 Transcarga's fleet currently includes two Embraer EMB-120 aircraft owned 

by Transcarga and registered in Venezuela as YV2546 and YV2694, one 

EMB-120 aircraft leased from World Aircraft Leasing Ltd. and registered as 

N210AS, and one Airbus A300 aircraft, registered as N261AX and leased 

from Southern Aircraft Charters. Both lessees are based in the British 

Virgin Islands. Transcarga intends to conduct initial U.S. operations with 

one or more of these aircraft.

(l) Aircraft maintenance. 

For routine maintenance, Transcarga relies on its own INAC-licensed 

personnel and, for the Airbus aircraft, Avocet Aviation Services in Sanford, 

FL. Its maintenance programs are based on manufacturer Master 

Maintenance Program Documents, are approved by INAC, and comply with 

annexes 1, 6 (Part I), and 7 to the Convention on International Civil Aviation, 

to which Venezuela is a contracting party. The FAA has rated Venezuela 

"Category 1" under the International Aviation Safety Assessments program. 

(m) Agreements with other carriers.

 No agreements with other carriers will affect the proposed U.S. services. 

 
Transcarga 

Exhibit 1 

Page 5 

(n) Financial data summaries. 

 Transcarga is submitting in Confidential Exhibit A an English-language 

summary of its private 2010 financial statements. These statements are 

submitted under seal together with a request for confidential treatment 

under Rule 12. 

 

(o) Homeland government financial assistance. 

 None. See item (g) above. 

(p) Financial forecast. 

 Confidential Exhibit B, which has been filed under seal together with a 

motion for confidential treatment under Rule 12, includes a forecast for 

Transcarga's initial, own-aircraft operations to and from the United States. 

(q,r) Bilateral agreement; homeland government policy with respect to 

U.S. carriers. 

 Venezuela-U.S. air transportation is governed by a 1953 Air Transport 

Services agreement. While that agreement does not specifically provide for 

charter services, both countries have long permitted such services on a 

reciprocal basis. Indeed, U.S. carriers continue to conduct the bulk of U.S.-

Venezuela air cargo charter service with Venezuelan approvals. When last 

renewing Transcarga's authority on April 17, 2007, DOT based its action on 

"the current state of aviation relations between the U.S. and Venezuela," and 

a similar finding is warranted here.

(s) Accidents or safety or tariff violations. 

 Transcarga has not experienced any safety or tariff violations or fatal 

accidents in the past five years. 

(t) OST Form 4523; family assistance and passenger manifest plans. 

 Transcarga has previously filed OST Form 4523 with the Department in 

Docket OST-1995-236 and its family assistance plan with the Department (in 
Transcarga 

Exhibit 1 

Page 6 

Docket OST-1998-3304) and the National Transportation Safety Board. 

Transcarga will file with the Department (in Docket OST-1998-3305) the 

passenger manifest plan required by 14 C.F.R. Part 243.