BEFORE THE UNITED STATES DEPARTMENTOF TRANSPORTATION WASHINGTON, D.C.
Docket No. OST-99-5009 Application of: SERVICIOS AEREOS GANA, 

### S.A. DE 

### C.V.



### foran exemption pursuantto 49 USC 40109 (U.S.lMexico CharterAirTransportation)

Dated: Notice: APPLICATION OFSERVICIOSAEREOS GANA,

### S.A. DE 

### C.

## v., FOR RENEWAL OF EXEMPTION

July 13, 2011 Communication with respectto this document should be sentto: Lic. Maria Leticia Delgado Saldana 1209 San DarioAvenue 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
Any person may support or oppose this application by filing an answer and seNing a copy of the answer on counsel for SERVICIOS AEREOS GANA, S.A de C.v., and upon each person seNed with this application. The due date for answers is July 28, 2011.Application of: BEFORE THE UNITED STATES DEPARTMENTOF TRANSPORTATION WASHINGTON, D.C.

SERVICIOS AEREOS GANA,

### S.A. DE 

### C. V. foran exemption pursuantto49 USC40109 (U.S'/Mexico CharterAirTransportation) APPLICATION OF SERVICIOSAEREOS GANA, SA DE C. V. FOR RENEWAL OF EXEMPTION
Pursuant to 49 U. S. C. 40109 and the Department's regulations, SERVICIOS AEREOS GANA, SA 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, subject to prior Department approval. between other countries and the United States. GANA also requests renewal of its relieffrom the requirement to obtain advance approval for each Mexico-U.S. flight and stopoverprivileges. The Departmentgranted the aboveauthorityto GANA by Notice of Action Taken dated August 13, 2009. GANA requests that this authority, which is scheduled to expire on August 13, 2011, be renewed fora period oftwoyears. 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 effectpending afinal Departmentdetermination on this renewal application. In supportofthis application, GANAstates as follows: 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 GANA its initial grantofexemption authorityare unchanged. 2.- GANAs Third and Fourth Freedom charter authority is authorized by Annex II to the U. S. - MexicoAirTransportAgreement, and is therefore presumptively in the public

### interest. GANA's Fifth Freedom charter authority is based on principles ofcomity and reciprocity, as is its relief from the advance approval requirement for transborder charter flights 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 GANAsatisfy acontinuing need and otherwise servethe public interest by fostering commerce between Mexico and the United States consistent with the objectives ofthe North American FreeTrade Agreement (NAFTA) 3.- GANAs 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. GANAs 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 charterforeign airtransportation of persons and their accompanying baggage with small aircraftas setforth herein, and such other reliefas may be in the public interest.
Respectfully submitted,

# ~ Lic. Maria Leticia Delgado Saldana.
SERVICIOSAEREOS GANA, SA DE C. V July 13, 2011