BEFORETHE UNITED STATES DEPARTMENTOFTRANSPORTATION WASHINGTON;

### D.C. . '

Docket No. OST-97-2073 Application of: AVIACION COMERCIAL DE AMERICA, S.A. DE C. V.

foran exemption pursuantto 49 USC40109 (U.S./Mexico CharterAirTransportation)

Dated: Notice: APPLICATION OFAVIACION COMERCIAL DE AMERICA, S.A. DE C. V., FOR RENEWAL OF EXEMPTION

July 09, 2013 Communication with respectto this document should be sentto: Alejandro Melendez Ruiz 1209 San DarioAvenue PMB 7-680 Laredo, Texas 78040-4505 U.S.A Monterrey, phone: 011-52-81-8342-7020 fax: 011-52-81-8342-7029
Any person may support or oppose this application by filing an answer and serving a copy ofthe answeron counsel forAVIACION COMERCIAL DE AMERICA, S.A. de C.V., and upon each person served with this application. The due datefor answers is July24, 2013.Application of: BEFORE THE UNITED STATES DEPARTMENTOF TRANSPORTATION WASHINGTON, D.C.

.AVIACION COMERCIAL DE AMERICA, S.A. DE C. V. 

### foran exemption pursuantto 49 USC40109 (U.S./Mexico CharterAirTransportation) APPLICATION OF AVIACION COMERCIAL DEAMERICA, S.A. DE C. V. FOR RENEWAL OF EXEMPTION
Pursuantto 49 U. S. C. 40109 and the Department's regulations, AVIACION COMERCIAL DE AMERICA, S.A. DE C.V. (ACA) hereby applies for renewal of its exemption from 49 U.S C. 40301 which authorizes ACA to engage in charter foreign air transportation of persons and their accompanying baggage with small aircraft between the United States and Mexico, and, subject to prior Department approval between other countries and the United States. ACA also requests renewal of its relieffrom the requirementto obtain advance approval for each Mexico-U.S. flight and stopover privileges. The Department granted the above authority to ACA by Notice of Action Taken dated August 05, 2011. ACA requests thatthis authority, which is scheduled to expire on August 05, 2013, be renewed fora period oftwo years. ACA invokes the automatic extension provisions of the Administrative ProcedureAct, 5 U. S. C. 558 (c), as implemented by 14 C.F.R. Part 377, to maintain its exemption authority in effectpending afinal Departmentdetermination on this renewal application. In supportofthis application, ACAstates as follows: 1:-ACA continues to be fit, willing and able to provide the small aircraft passenger charter services for which it requests renewed authority. The relevant circumstances underwhich ACA its initial grantofexemption authority are unchanged. 2.-ACA'sThird and Fourth Freedom charterauthority is authorized by Annex II to the U.S. - Mexico Air Transport Agreement, and is therefore presumptively in the publicinterest. ACA's Fifth Freedom charter authority is based on principles ofcomity and reciprocity, as is its relief from the advance approval requirement for transborder charter flights and any grant of stopover privileges. ACA submits that continuation ofthis extra-bilateral authorizations is warranted given the harmonious state of aviation relations between the U.S. and Mexico. Consequently, renewal ofall elements ofACA's authority would be consistentwith the public interest. Further, the services provided by ACA satisfy a continuing need and other wise serve the public interest by fostering commerce between Mexico and the United States consistent with the objectives of the North American FreeTradeAgreement (NAFTA) 3.-ACA's renewal application is limited in scope and non-controversial. The services ACA 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. ACA's Mexican authority to engage in transborder passenger charter services remains in full force and effect, as does its U.S. authority pursuant to its FAA Part 129 Operations Specifications. WHEREFORE, ACA respectfully requests renewal of its authority to engage in charter foreign airtransportation of persons and their accompanying baggage with small aircraft as setforth herein, and such other reliefas may be in the public interest.

Alejandro General ManagerIAttorney in Fact AVIACION COMERCIAL DEAMERICA, S.A. DE C. V. July 9, 2013