351815/1/WASHINGTON BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) In the matter of the application of ) ) BOLIVIANA DE AVIACION ) Docket DOT-OST-2013-0021 ) for an exemption from 49 U.S.C. 41301 ) )

APPLICATION FOR RENEWAL OF EXEMPTION

Communications with respect to this document should be addressed to: Charles F. Donley II Squire Sanders (US) LLP 1200 19th Street, N.W., Suite 300 Washington, D.C. 20036 (202) 626-6840 charles.donley@squiresanders.com Counsel to Boliviana de Aviaction (BoA)
DATED: February 21, 2014351815/1/WASHINGTON BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) In the matter of the application of ) ) BOLIVIANA DE AVIACION ) Docket DOT-OST-2013-0021 ) for an exemption from 49 U.S.C. 41301 ) )

APPLICATION FOR RENEWAL OF EXEMPTION
Boliviana de Aviacion (BoA) hereby requests renewal of the exemption authority granted to it by the Department of Transportation (“Department”) in the above-captioned docket to perform (1) scheduled foreign air transportation of persons, property and mail between points in Bolivia and the coterminal points Miami, Florida, and Washingotn, D.C., via intermediate points in South America and Panama; and (2) charter air transportation in accordance with 14 CFR 212, on its existing terms and conditions. BoA relies upon the provisions of the Administrative Procedure Act and Part 377 of the Department’s procedural regulations to continue its existing authorization in force pending a final decision on this renewal request. As indicated below, all of the factors that originally led the Department to grant this exemption to BoA continue in existence at the present time. In further support of its request for renewal, BoA states as follows:Application of Boliviana de Aviacion

February 21, 2014 Docket DOT-OST-2013-0021

- 2 - 351815/1/WASHINGTON 1. BoA holds exemption authority to operate (1) scheduled combination foreign air transportation between points in Bolivia and the coterminal points Miami, Florida, and Washington, D.C., via intermediate points in South America and Panama; and (2) charter air transportation in accordance with 14 CFR 212. 1 BoA does not currently operate to the United States but is preparing to begin service in the near future. 2. Service between the United States and Bolivia is governed by the Air Transport Agreement between the two countries signed on September 29, 1948, as amended (“Agreement”). In accordance with Section II of the Annex to the Agreement, the Bolivian Government may designate carriers to operate roundtrip service “from Bolivia to Miami via intermediate points in South America and Panama. The Miami service proposed by Boliviana is fully consistent with the bilateral. 2 By Note dated May 14, 2010, Boliviana was designated to engage in the scheduled transportation of passengers, cargo and mail in accordance with Section II of the Agreement. The United States has consistently recognized that the inclusion of a service in a bilateral agreement to which the United States is a party and the designation of a qualified foreign carrier for

1 Notice of Action Taken , Docket DOT-OST-2013-0021, March 13, 2013

2 See, Notice of Action Taken , Docket DOT-OST-2006-25990, December 14, 2006 (granting Aerosur an exemption to operate scheduled service between Santa Cruz and Miami)Application of Boliviana de Aviacion

February 21, 2014 Docket DOT-OST-2013-0021

- 3 - 351815/1/WASHINGTON such service satisfy all relevant public interest requirements for grant of exemption authority. 3 In addition to Miami, Boliviana plans to institute scheduled coterminal service to Washington, D.C. This will replace services operated previously by Aerosur and LAB. The Department has previously recognized on numerous occasions that comity and reciprocity with Bolivia supports grant of authority to serve Washington on an extrabilateral basis. 4
3. BoA’s fitness remains beyond question. BoA is subject to the safety and operational rules of the Government of Bolivia. Bolivia is a contracting party to the Convention on International Civil Aviation and observes all applicable ICAO standards. 4. This renewal application raises no environmental or energy issues. Similarly, approval of the application will not result in a near term increase in fuel consumption of ten million gallons or more.

3 See, S.REP. No. 96-329, at 4 (1979), reprinted in 1980 U.S.C.C.A.N. 54, 57 (“The negotiation of a bilateral agreement itself represents a determination by the Government of the United States that the grant of route authority provided for under the bilateral is in the ‘public interest.’”).

4 See, Notice of Action Taken , Docket DOT-OST-2010-0281, November 18, 2010, Notice of Action Taken, Docket DOT-OST-2010, October 25, 2011 (granting and renewing Aerosur’s exemption authority to operate Santa Cruz-Washington, D.C. scheduled service); Notice of Action Taken , Docket DOT-OST-2003- 16300, November 3, 2003 (granting LAB an exemption to operate scheduled service to Washington, D.C.)Application of Boliviana de Aviacion

February 21, 2014 Docket DOT-OST-2013-0021

- 4 - 351815/1/WASHINGTON WHEREFORE , Boliviana de Aviacion (BoA) respectfully requests that theexemption granted to it in the above-captioned docket be renewed for an additional oneyear period on its existing terms and conditions. Respectfully submitted,
/s/ Charles F. Donley II

_____________________________ Charles F. Donley II Squire Sanders (US) LLP 1200 19th Street, N.W., Suite 300 Washington, D.C. 20036 (202) 626-6840 charles.donley@squiresanders.com Counsel to Boliviana de Aviacion (BoA)
DATED: February 21, 2014351815/1/WASHINGTON CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Application for Renewal of Exemption has this day been served on all persons identified on the attached service list via e-mail. /s/ Charles F. Donley II

_______________________ Charles F. Donley II DATED: February 21, 2014

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