BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of TRANSPAÍS AÉREO, S.A. de C.V. for an exemption from 49 U.S.C. §41301 (U.S./Mexico Charter Air Transportation) Docket DOT-OST-1996-1912

APPLICATION OF 

### TRANSPAÍS AÉREO, S.A. de C.V.
FOR RENEWAL OF EXEMPTION

Communications concerning this document may be served upon: Lee A. Bauer 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 Counsel for Transpaís Aéreo, S.A. de C.V. September 24, 2013BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of TRANSPAÍS AÉREO, S.A. de C.V. for an exemption from 49 U.S.C. §41301 (U.S./Mexico Charter Air Transportation) Docket DOT-OST-1996-1912

APPLICATION OF 

### TRANSPAÍS AÉREO, S.A. de C.V.
FOR RENEWAL OF EXEMPTION

September 24, 2013 Pursuant to 49 U.S.C. §40109 and Subpart C of the Department's Rules of Practice, Transpaís Aéreo, S.A. de C.V. hereby applies for renewal of its exemption from 49 U.S.C. §41301, which authorizes Transpaís Aéreo 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. Transpaís Aéreo 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.

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## AÉREO, S.A. de C.V. Page 2 RENEWAL OF EXEMPTION

The Department granted the above authority to Transpaís Aéreo pursuant to a Notice of Action Taken dated September 30, 2011. Transpaís Aéreo requests that the Department renew this authority, which is scheduled to expire September 30, 2013, for a period of at least two years.

Transpaís Aéreo 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, Transpaís Aéreo states as follows:

1. Transpaís Aéreo is financially fit, and is willing and able to provide passenger charter services using small aircraft. Transpaís Aéreo reports no changes to its corporate address or ownership during the past two years. Transpaís Aéreo has had, however, changes in its key personnel, aircraft, and aircraft liability insurance coverage. These changes are described in more detail in Exhibit A. Except as modified by the information submitted in this renewal application, Transpaís Aéreo hereby validates and resubmits by reference information it has previously submitted in Docket DOT-OST-1996-1912.

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## AÉREO, S.A. de C.V. Page 3 RENEWAL OF EXEMPTION

1 / Transpaís Aéreo previously held Part 129 Operations Specifications from the FAA International Field Office in Dallas under FAA Certificate Number T23F723F.

2 Transpaís Aéreo’s largest aircraft, a Falcon 20, is configured for 9 passenger seats. 2. Transpaís Aéreo's Mexican authority to engage in transborder charter air transportation of passengers remains in full force and effect. Transpaís Aéreo continues to work to reinstate its operational authority pursuant to the company's Part 129 Operations Specifications from the Federal Aviation Administration (“FAA”). 1 / See Exhibit B for a copy of Transpaís Aéreo’s current Air Operator’s Certificate (“AOC”) from the Dirección General de Aviacion Civil in Mexico (“DGAC”).

3. Transpaís Aéreo's Third and Fourth Freedom charter authority is authorized by Annex II to the U.S.-Mexico Air Transport Agreement and is, therefore, presumptively in the public interest. The Department's grants to Transpaís Aéreo 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 Transpaís Aéreo will be conducting its charter operations solely with small aircraft. 2/ Transpaís Aéreo submits that continuation of these extra-bilateral authorizations is warranted, given the harmonious state of aviation relations between Mexico and the United States.

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## AÉREO, S.A. de C.V. Page 4 RENEWAL OF EXEMPTION

The services provided by Transpaís Aéreo 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 Transpaís Aéreo's authority would be in the public interest.

4. Transpaís Aéreo's renewal application is limited in scope and is non-controversial. Transpaís Aéreo's proposed air transportation services are the same as those it previously performed between Mexico and the United States during the past two years, i.e. , customized transport services for executives and their guests using small aircraft.

WHEREFORE, Transpaís Aéreo, S.A. 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 ROLLER & BAUER, PLLC Counsel for Transpaís Aéreo, S.A. de C.V. September 24, 2013

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## AÉREO, S.A. de C.V. RENEWAL OF EXEMPTION EXHIBIT A-1 

### CHANGES IN OPERATION

KEY PERSONNEL. General Manager: Jorge Fernando Garagarza Mariscal has taken over as Transpaís

Aéreo’s General Manager. With a strong background in sales and marketing, Mr. Garagarza worked as Helicopter Sales Manager before being promoted to Director of Sales and Marketing at Aerolineas Ejecutivas, S.A. de C.V. He has served as General Manager at Transpaís Aéreo since November 2010. Mr. Garagarza is a citizen and resident of Mexico. His address is available upon request.
Chief Pilot: Miguel Angel Magaña González is Transpaís Aéreo’s new Chief

Pilot. Having received his training at the Escuela Técnica Aeronáutica in Monterrey, Nuevo Leon, Captain Magaña currently has over 6,900 total flight hours. He holds a pilot’s licence issued by the Mexican DGAC and is qualified to operate Phenom 300 and other multi-engine aircraft. He previously worked for other Mexican air taxi operators, including Alcon Servicios Aéreos, Aeronaves TSM, Aerotaxis Dosmil, Global Life Flight, and Ra Jet before assuming his present position with Transpaís Aéreo in October 2011. Captain Magaña is a citizen and resident of Mexico. His address is available upon request.

AIRCRAFT. Transpaís Aéreo currently operates four aircraft, as follows: Type Mexican Registration Seating Configuration Dassault Falcon 20 XA-FLG 9 seats Embraer Phenom 300 * XA-LOB 7 seats Embraer Phenom 100 * XA-TPA 5 seats Piper Meridian * XA-VGL 5 seats * new since last renewal application

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## AÉREO, S.A. de C.V. RENEWAL OF EXEMPTION EXHIBIT A-2

AIRCRAFT LIABILITY INSURANCE. Transpaís Aéreo has provided a Foreign Air Carriers Certificate of Insurance (OST Form 6411) to its insurance carrier, Seguros Afirme, S.A. de C.V., for Transpaís Aéreo’s new aircraft. Seguros Afirme will complete the Forms for submission to the Federal Aviation Administration.

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## AÉREO, S.A. de C.V. RENEWAL OF EXEMPTION EXHIBIT B



# CERTIFICADO DE EXPLOTADOR

DE SERVICIOS AEREOS

(AOC)