MAR.19.2010 14:00 780 453 6057 MORINTINGSTAR AIR EXPRESS INC. #2189 P.002 /005 

u"Pi on^:mmion 

BEFORE THE UNITED STATES 

DEPARTMENT OF TRANSPORTATION ? .\':" n 

WASHINGTON, D.C. 

Application of: 

MORNINGSTAR AIR EXPRESS INC. 

lor an exemption pursuant to 

49 U.S.C. section 40109 

Docket No. OST-2000-7609 

APPLICATION FOR RENEWAL OF EXEMPTION 

FILED BY MORNINGSTAR AIR EXPRESS INC. 

Communications with respect 

to this dociunent should be 

sent to eitiier: 

JP Mainville, Director oC 

Safety and Security; 

OR 

Rill McGoey 

General Manager 

Box 14, 29 Airport Road 

Edmonton, Alberta, Canada 

T5G 0W6 

Telephone: 780-453-0218 

Facsimile: 780-453-6058 

Date of Application: March 19, 2010 

• J 

Pa£e 1 
BEFORE THE UNITED STATES 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of: 

MORNINGSTAR AIR EXPRESS INC. 

for an exemption pursuant to 

49 U.S.C. section 40109 

Docket No. OST-2000-7609 

APPLICATION FOR RENEWAL OF EXEMPTION 

FILED BY MORNINGSTAR AIR EXPRESS INC. 

Pursuant to 49 U.S.C. 40109 and the Department's regulations, Momingstar Air Express 

Inc. hereby applies for (renewal of its) exemption from 49 U.S.C. 40109 which 

authorizes Momingstar Air Express Inc. to engage in all-cargo charter foreign air 

transportation between Canada and the United States and other all-cargo charter 

operations to and/or from the United States, subject to 14 CFR Part 212. The Department 

granted the above authority to Momingstar Air Express Inc. by Notice of Action Taken 

dated April lO"^, 2008. Momingstar Air Express Inc. requests that this authority, which is 

scheduled to expire on April lO''^, 2010 be renewed for a period of at least one year. 

Momingstar Air Express Inc. invokes the automatic extension provisions of the 

Administrative 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 Department determination of 

this renewal application. 

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In support of this application, Momingstar Air Express Inc. states as follows: 

1. Momingstar Air Express Inc. continues to be fit, willing and able to provide the 

all-cargo charter foreign air transportation between Canada and the United States 

and other all-cargo charter operations to and/or from the United States, for which 

it requests renewed authority. Momingstar reported a net operating profit in the 

2007, 2008 and 2009 fiscal year. The relevant circumstances under which 

Momingstar Air Express Inc. received its initial grant of exemption authority are 

unchanged. Momingstar remains wholly owned and controlled by citizens of 

Canada and the ownership is unchanged. 

2. Momingstar Air Express Inc.'s Third and Fourth Freedom charter authority is 

authorized by the U.S.-Canada Air Transport Agreement, and is therefore 

presumptively in the public interest. Momingstar Air Express Inc.'s Fifth 

Freedom charter authority is based on principles of comity and reciprocity, as is 

its relief form the advance approval requirement for transborder charter flights 

and any grant of stopover privileges. Momingstar Air Express Inc. submits that 

continuation of these extra-bilateral authorizations is warranted given the 

harmonious state of aviation relations between United States and Canada. In 

addition, the services provided by Momingstar Air Express Inc. satisfy a 

continuing need and otherwise serve the public interest by fostering commerce 

between Canada and the United States consistent with the objectives of the North 

American Free Trade Agreement (NAFTA). Consequently, renewal of all 

elements of Momingstar Air Express Inc.'s authority would be consistent with the 

public interest. 

3. Momingstar Air Express Inc.'s renewal application is limited in scope and noncontroversial. The services Momingstar Air Express Inc. proposes to operate are 

substantially identical to those it performed during the past year. Momingstar Air 

Express Inc.'s Canadian authority to engage in all-cargo transborder charter 

services remains in full force and effect, as does it's U.S. authority pursuant to its 

FAA Part 129 Operations Specifications. 

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WHEREFORE, Momingstar Air Express Inc. respectfully requests renewal (or re-issue) 

of its authority to engage in all-cargo charter foreign air transportation between Canada 

and the United States and other all-cargo charter operations to and/or from the United 

States as set forth herein, and such other relief as may be in the public interest. 

Submitted by: 

Bill Md^oey 

Date: March 19,2010 

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CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing application of Momingstar Air Express Inc. 

was this 19th day of March, 2010, served upon all U.S. carrier representatives (via 

Facsimile) listed on the attached Service List. 

BilM^cGoey, General Man; 

Date: March 19,2010 

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