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, 2014
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

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 the

exemption 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, 2014
351815/1/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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howard.kass@aa.com; robert.wirick@aa.com; francis.heil@aa.com;

robert.finamore@dot.gov