BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ":·?t 1 :",_:;,:_ 

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Docket No. OST-2008-0145 Application of: AEROVENA, S.A. DE C. V.

foran exemption pursuantto 49 USC 40109 (U.S./Mexico CharterAirTransportation)

APPLICATION OF AEROVENA, S.A. DE C. V. FOR RENEWAL OF EXEMPTION Communication with respecttothis document should be sentto: Arturo Rodriguez Mata C/0AEROVENA, S. A DE C. V. 1209 San Dario Avenue PMB 7-680 Laredo, Texas 78040-4515 U.S.A

Dated: November23, 2012 Notice: Any person may support or oppose this application by filing an answer and serving a copy of the answer on counsel for AEROVENA, S.A. DE C.V., and upon each person served with this application. The due date foranswers is December7, 2012.Application of: BEFORETHE UNITED STATES DEPARTMENTOF TRANSPORTATION WASHINGTON, D.C.



### AEROVENA, S.A. DE C. V. foran exemption pursuantto 49 USC 40109 (U.S./Mexico CharterAirTransportation) APPLICATION OF AEROVENA, S.A. DE C. V. FOR RENEWAL OF EXEMPTION Pursuant to 49 U. S. C. 40109 and the Department's regulations, AEROVENA, S.A. DE C.V. (AEROVENA) hereby applies for renewal of its exemption from 49 U.S C. 40301 which authorizes AEROVENA to engage in charter foreign air transportation of persons and their accompanying baggage with small aircraft between the United States and Mexico, and, subjectto prior Departmentapproval, between othercountries and the United States. AEROVENA also requests renewal ofits relieffrom the requirementto obtain advance approval foreach MexicoU.S. flight and stopover privileges. The Department granted the above authority to AEROVENA by Notice ofAction Taken dated December 10, 2010. AEROVENA requests that this authority, which is scheduled to expire on December 10, 2012, be renewed fora period ofat leasttwo years. AEROVENA invokesthe automatic extension provisions oftheAdministrative 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 Departmentdetermination on this renewal application. In supportofthis application, AEROVENAstates asfollows: 1:- AEROVENA continues to be fit, willing and able to provide the small aircraft passenger charter services for which it requests renewed authority. The relevant circumstances under which AEROVENA received its initial grant of exemption authority are unchanged.2.- AEROVENA ·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. AEROVENA ·s Fifth Freedom charter authority is based on principles ofcomity and reciprocity, as is its relieffrom the advance approval requirementfor transborder charterflights and any grant of stopover privileges. AEROVENA submits that continuation of this extra-bilateral authorizations is warranted given the harmonius state of aviation relations between the U.S. and Mexico. Consequently, renewal ofall elements ofAEROVENA ·s authoritywould 

### beconsistentwith the public interest. Further, the services provided by AEROVENA 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 Free TradeAgreement (NAFTA). 3.- AEROVENA's renewal application is limited in scope and noncontroversial. The services AEROVENA 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. AEROVENA's Mexican authority to engage in transborder passenger charter services remains in full force and effect, as does its U.S. authority pursuantto its FAA Part 129 Operations Specifications. WHEREFORE, AEROVENA 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 pubBc interest.
Respectfully submitted, 

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# #~ ?. Arturo Rodriguez Mata CHIEF PILOT AEROVENA, S.A. DE C. V. November23, 2012