UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on May 2 , 2012



### NOTICE OF ACTION TAKEN

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__________ ______________________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

Applicant: AEROTRANSPORTE S MAS de CARGA

, S.A. de C.V. (Mas de Carga)

Date Filed: March 16, 2012 , as amended April 11, 2012

Relief requested: Renewal of e xemption from 49 USC §41301 to permit the applicant to conduct :

(1) scheduled foreign air transportation of property and mail between : 1) Cancun, Mexico, and Miami, Florida; 2) Mexico City, Mexico, and Miami, Florida; 3) Mexico City , Mexico, and Los Angeles, California; 4 ) Guadalajara, Mexico, and Miami, Flor ida; 5 ) Merida, Mexico, and Miami, Florida; and 6 ) Merida, Mexico, and New York, New

York ;

(2) scheduled foreign air transportation of property and mail between M exico City, Mexico , and Atlanta, Georgia, and

to serve Miami an d Atlanta on a coterminal basis; and

(3) all

- cargo charters between Mexico and the United Stat e s, and other all

- cargo charters in accordance with 14 CFR

Part 212.

I f renewal, d ate and citation of last action: April 19, 2011 , in this Docket. 1

Applicant representative: Celestino Pena

, 305

- 856

- 5655 DOT analyst: Robert J. Finamore , 202

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Responsive pleadings: None.

DISPOSITION

Action: Approved. Action date: May 2 , 2012

Effective dates of authority granted: May 2 , 2012

, through May 2 , 2013

.
Basis for approval (bilateral agreement/reciprocity): United States

- Mexico Air Transport Services Agreement

.
Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our s tandard

e xemption conditions (attached).

Special conditions/Remarks: In the conduct of the charter services authorized herein, in accor dance with 14 CFR §212.9(d), Mas de Carga shall not perform any charter flights to or from the United States unless the Department has granted a statement of authorization for such operations. 2

Action taken by: Paul L. Gretch, Director

, Office of Inte rnational Aviation

_____________________________________________________________________________________________________________________________ ___

1 Our April 19, 2011 action also awarded Mas de Carga authority to serve the Mexico City

- New York market. In its April 11, 2012 amended application, the applicant stated that it is not seeking to renew that authority.

2 See , e.g. , Order 91

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- 25, where the Department placed this condition on the foreign air carrier permit granted to Aerovias de Mexico, S.A. de C.V. We note, however, that the Department has granted blanket exempti on authority to existing and future Mexican carriers, relieving them of this prior approval requirement for third and fourth freedom charter operations if they s ubmit to the Department advance notice of their charter operations as described in Orders 98

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- 2 and 99

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- 23.Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our acti on was consistent with Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consist ent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our d iscretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulati ons, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

### Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government require ments concerning security, including, but not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commenc ing any new service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the United States,

contact its International Industry Representative (IIR) (formerly referred to as International Principal Securi ty Inspector) to advise the IIR of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverag e contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent

to Annex 6 of the Chi cago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements

of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a poin t of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the Uni ted States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definiti on;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reason able terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval

under Title 49 of the U.S. Code.

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