BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of OPERADORA DE VUELOS EJECUTIVOS, S.A. de C.V. for renewal of exemption from 49 U.S.C. § 41301 (U.S./Mexico Charter Air Transportation) Docket DOT-OST-2006-24249

APPLICATION OF 

### OPERADORA DE VUELOS EJECUTIVOS, S.A. de C.V.

FOR RENEWAL OF EXEMPTION

Communications concerning this document may be served upon: Lee A. Bauer Jacquelyn Gluck ROLLER & BAUER, PLLC Washington Dulles International Airport 45005 Aviation Drive, Suite 200 Dulles, VA 20166 Tel: 202-331-3300 Fax: 202-331-3322 E-mail: airlaw@rollerbauer.com Attorneys for Operadora de Vuelos Ejecutivos, S.A. de C.V. September 17, 2013BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of OPERADORA DE VUELOS EJECUTIVOS, S.A. de C.V. for renewal of exemption from 49 U.S.C. § 41301 (U.S./Mexico Charter Air Transportation) Docket DOT-OST-2006-24249

APPLICATION OF 

### OPERADORA DE VUELOS EJECUTIVOS, S.A. de C.V.

FOR RENEWAL OF EXEMPTION

September 17, 2013 Pursuant to 49 U.S.C. §40109 and Subpart C of the Department's Rules of Practice, Operadora de Vuelos Ejecutivos, S.A. de C.V. (“OVESA”) hereby applies for renewal of its exemption from 49 U.S.C. § 41301, which authorizes OVESA to engage in charter foreign air transportation of passengers between Mexico and the United States, and other passenger charter operations in accordance with 14 C.F.R. Part 212, using small aircraft. OVESA also requests renewal of its stopover privileges and continued relief from the Department's requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States.OPERADORA de VUELOS EJECUTIVOS, S.A. de C.V. Page 2

RENEWAL of EXEMPTION The Department granted the above authority to OVESA pursuant to a Notice of Action Taken dated September 21, 2011. OVESA requests that the Department renew this authority, which is scheduled to expire September 21, 2013, for a period of at least two years.
OVESA invokes the automatic extension provisions of the Administrative Procedure Act, 5 U.S.C. §558(c), as implemented by 14 C.F.R. Part 377, to maintain its exemption authority in effect pending a final Department determination on this renewal application.
In support of this application, OVESA states as follows:
1. OVESA continues to be financially fit, and is willing and able to provide charter passenger services using small aircraft. OVESA reports that there have been no changes in ownership, corporate address, key personnel, aircraft, or aircraft liability insurance coverage during the past two years. OVESA hereby validates and resubmits by reference the information it previously submitted in this Docket DOT-OST-2006-24249.
2. OVESA'S Mexican authority to engage in transborder charter passenger services remains in full force and effect, as does its U.S. authorityOPERADORA de VUELOS EJECUTIVOS, S.A. de C.V. Page 3

RENEWAL of EXEMPTION

1/ OVESA received Part 129 Operations Specifications from the FAA International Field Office in Dallas/Fort-Worth in 2007 (FAA Certificate Number OJSF169F). The company’s only aircraft, a Gulfstream 550, is configured for 15 passenger seats. pursuant to the company’s Part 129 Operations Specifications from the Federal Aviation Administration (FAA). 1 / See Exhibit A for a copy of OVESA’s Air Operator’s Certificate from the Dirección General de Aeronáutica Civil in Mexico.
3. OVESA’s Third and Fourth Freedom charter authorities are fully consistent with Annex II to the U.S.-Mexico Air Transport Agreement and are, therefore, presumptively in the public interest. The Department's grants to OVESA of stopover privileges and relief from the advance notice requirement for Mexico-U.S. transborder charter flights are based on principles of comity and reciprocity and on public interest grounds, since OVESA will be conducting its charter operations solely with small aircraft. OVESA submits that continuation of these extra-bilateral authorizations is warranted, given the harmonious state of aviation relations between Mexico and the United States.
The services provided by OVESA satisfy a continuing commercial need. They foster business activities and economic opportunities between Mexico and the United States and thereby further the objectives of the North American Free Trade Agreement (NAFTA). Accordingly, renewal of all elements of OVESA’s authority would be in the public interest.OPERADORA de VUELOS EJECUTIVOS, S.A. de C.V. Page 4

RENEWAL of EXEMPTION4. OVESA’s renewal application is limited in scope and is noncontroversial. OVESA’s proposed air transportation services are unchanged from those it performed between Mexico and the United States during the past two years, i.e. , customized transport services for executives and their guests using small executive jet aircraft.
WHEREFORE, Operadora de Vuelos Ejecutivos, S.A. de C.V. respectfully requests renewal of its authority to engage in charter foreign air transportation of passengers between Mexico and the United States using small aircraft, as set forth herein, and such other relief as may be in the public interest.
Respectfully submitted,

Lee A. Bauer Jacquelyn Gluck ROLLER & BAUER, PLLC Attorneys for Operadora de Vuelos Ejecutivos, S.A. de C.V.

September 17, 2013OPERADORA de VUELOS EJECUTIVOS, S.A. de C.V.

RENEWAL of EXEMPTION EXHIBIT A



# CERTIFICADO DE EXPLOTADOR DE SERVICIOS AEREOS

(AOC)