Application of: BEFORETHE UNITED STATES DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

SERVICIOS AEREOS GANA, S.A. DE C.V. -·' --·t**---~:.**
Docket No. OST-99-5009



### foran exemption pursuantto49 USC 40109 (U.S./Mexico CharterAirTransportation)
APPLICATION OF SERVICIOS AEREOS GANA, S.A. DE C. V., FOR RENEWAL OF EXEMPTION

Dated: July 11, 2013 Communication with respectto this document should be sentto: Lie. Leticia Delgado 1209 San DariaAvenue PMB 7-680 Laredo, Texas 78040-4505 U.S.A. San Luis Potosi, phone: 011-52-444-814-1360 fax: 011-52-444-812-1363

Notice: Any person may support or oppose this application by filing an answer and serving a copy of the answer on counsel for SERVICIOS AEREOS GANA, S.A. de C.V., and upon each person served with .this application. The due date for answers is July 26, 2013.Application of: BEFORETHE UNITED STATES DEPARTMENTOF TRANSPORTATION WASHINGTON, D.C.

SERVICIOS AEREOS GANA, S.A. DE C. V. foran exemption pursuantto 49 USC40109 (U.S./Mexico CharterAirTransportation) APPLICATION OF SERVICIOSAEREOS GANA, S.A. DE C. V. FOR RENEWAL OF EXEMPTION
Pursuant to 49 U. S. C. 40109 and the Department's regulations, SERVICIOS AEREOS GANA, S.A. DE C.V. (GANA) hereby applies for renewal of its exemption from 49 U.S C. 40301 which authorizes GANA to engage in charter foreign air transportation of persons and their accompanying baggage with small aircraft between the United States and Mexico, and, subjectto prior Department approval. between other countries and the United States. GANA also requests renewal of its relieffrom the requirementto obtain advance approval for each Mexico-U.S. flight and stopoverprivileges. The Departmentgranted the above authorityto GANAby Notice of Action Taken dated August 5, 2011. GANA requests that this authority, which is scheduled to expireon August5, 2013, be renewed fora period oftwo years. GANA invokes the automatic extension provisions of the Administrative ProcedureAct, 5 U. S. C. 558 (c), as implemented by 14 C.F.R. Part 377, to maintain its exemption authority in effect pending afinal Departmentdetermination on this renewal application. In supportofthis application, GANAstates asfollows: 1:- GANA continues to be fit, willing and able to provide the small aircraft passenger charter services for which it requests renewed authority. The relevant circumstances underwhich GANAits initial grantofexemption authority are unchanged. 2.- GANA's Third and Fourth Freedom charter authority is authorized by Annex II to the U. S. -MexicoAirTransportAgreement, and is therefore presumptively in the publicinterest. GANA's Fifth Freedom charter authority is based on principles ofcomity and reciprocity, as is its relieffrom the advance approval requirement for transborder charterflights and any grant of stopover privileges. GANA submits that continuation of this extra -bilateral authorizations is warranted given the harmonious state of aviation relations between the U.S. and Mexico. Consequently, renewal of all elements of GANA's authority would be consistent with the public

- interest. Further, the services provided by GANA satisfy a continuing need and otherwise servethe

public interest by fostering commerce between Mexico and .the United States consistent with the objectives ofthe North American FreeTradeAgreement (NAFTA) 3.- GANA's renewal application is limited in scope and non-controversial. The services GANA proposes to operate are substantially identical to those it performed during the past year, i.e. highly personalized transport services to executives and their invitees using small business-type aircraft. GANA's Mexican authority to engage in transborder passenger charter services remains in full force and effect, as does its U.S. authority pursuant to its FAA Part 129 Operations Specifications. WHEREFORE, GANA respectfully requests renewal of its authority to engage in charter foreign airtransportation of persons and their accompanying baggage with small aircraftas setforth herein, and such other reliefas may be in the public interest.
Respectfully submitted, Lie. Leticia Delgado

# ~ SERVICIOSAEREOS GANA, S.A. DE C. V July 11, 2013