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

APOYOAEREO, S.A. DE C.

## v. Docket No. OST-00-7344



### for an exemption pursuantto49 USC 40109 (U.S'/Mexico CharterAirTransportation)

Dated: August 10, 2011 APPLICATION OFAPOYOAEREO, S.A. DE C.V., FOR RENEWAL OF EXEMPTION Communication with respectto this document should be sentto: Cap. Othoniel Ramos Abascal 1209 San Dario Avenue PMB 7-680 Laredo, Texas 78040-4505 U.S.A. Monterrey's Mexico phone: 011-52-81-8319-7784 fax: 011-52-81-8319-7787
Notice: Any person may support or oppose this application by filing an answer and serving a copy of the answer on counsel for APOYO AEREO, S.A. de C.v., and upon each person served with this application. Theduedateforanswers isAugust25, 2011.Application of: BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

APOYOAEREO, S.A. DE C.

# v. for an exemption pursuantto 49 USC 40109 (U.S.lMexico CharterAirTransportation) APPLICATION OFAPOYOAEREO, SA DE C.v. FOR RENEWAL OF EXEMPTION
Pursuant to 49 U. S. C. 40109 and the Department's regulations, APOYO AEREO, SA de C.v. (APOYO) hereby applies for renewal of its exemption from 49 U.S C. 40301 which authorizes APOYO to engage in charter foreign air transportation of persons and their accompanying baggage with small aircraft between the United States and Mexico, and, subject to prior Department approval between other countries and the United States. APOYO also requests renewal ofits relieffrom the requirementto obtain advance approvalforeach Mexico-U.S. flight and stopover privileges. The Department granted the above authority to APOYO by Notice of Action Taken dated September04, 2009, APOYO requests thatthis authority, which is scheduled to expire on September04, 2011, be renewed fora period ofat leasttwoyears. APOYO 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 a final Departmentdetermination on this renewal application In supportofthis application, APOYO states asfollows: 1: - APOYO 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 APOYO its initial grantofexemption authority are unchanged.

### 2. - APOYO 's Third and Fourth Freedom charter authority is authorized by Annex II to the U. S. - Mexico Air TransportAgreement, and is therefore presumptively in the public interest. APOYO 's Fifth Freedom charter authority is based on principles ofcomity and reciprocity, as is its relieffrom the advance approval requirementfortransborder charterflights and any grant of stopover privileges. APOYO submits that continuation of these extra -bilateral authorizations is warranted given the harmonious state of aviation relations between the U.S. and Mexico. Consequently, renewal of all elements of APOYO . s authority would be consistent with the public interest. Further, the services provided by APOYO satisfy a continuing need and other wise serve the public interest by fostering commerce between Mexico and the United States consistentwith the objectives ofthe North American FreeTradeAgreement (NAFT A) 3. - APOYO . s renewal application is limited in scope and non-controversial. The services APOYO proposes to operate are substantially identical to those it performed during the pastyear, i.e. highly personalized transport services to executives and their invitees using small business-type aircraft. APOYO'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, APOYO 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.

Cap. Othoniel Ramos Abascal. APOYO AEREO, SA DE C. V. August 10, 2011