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Counsel: Celestino Pena, 305.381.6252

http://www.masair.com/

August 5, 2003

OST-03-15861 - US-Mexico

Application for an Exemption

Pursuant to 49 U.S.C. §40109 and the Department's Procedural Regulations, Aerotransporte de Carga Union, S.A. de C.V. ("AeroUnion" or "Applicant") hereby submits its application for an Exemption from 49 U.S.C. §41301 to the extent necessary to permit AeroUnion to engage in scheduled foreign air transportation of property and mail on the following routes:

• Mexico City, Mexico - Huntsville, AL Guadalajara, Mexico - Huntsville, AL Guadalajara, Mexico - Miami, FL Mexico City, Mexico - Chicago, IL Guadalajara, Mexico - Chicago, IL Mexico City, Mexico - Los Angeles, CA

AeroUnion respectfully requests that the Department accord this application and its accompanying exhibits expedited consideration under the nonhearing procedures set forth in Subpart C of the Department's Procedural Regulations.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

Filed August 5, 2003 | Issued August 22, 2003

OST-03-15861 - US-Mexico

Notice of Action Taken | Word

Exemption from 49 USC section 41301 to permit the applicant to conduct scheduled, all-cargo services between: 1) Guadalajara, Mexico, and Miami, Florida; 2) Mexico City, Mexico, and Chicago, Illinois; 3) Guadalajara, Mexico, and Chicago, Illinois; and 4) Mexico City, Mexico, and Los Angeles, California. The applicant also requests an exemption to serve two Mexico-Huntsville, Alabama, markets; however, by letter to Department staff, dated August 13, 2003, has requested deferral (see below) on that part of its request.

By: Paul Gretch

August 13, 2003

Correspondence

Correspondence from Aerotransporte de Carga Union, S.A. de C.V. advising the Department that they do not have any information regarding the status of diplomatic notes from the Mexican DGAC designating Huntsville as a U.S. point for scheduled all-cargo U.S.-Mexico service. They request that the Department hold on the two Huntsville city-pairings enumerated until they can verify the designation situation, but request the Department to process the balance of the AeroUnion application.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

August 25, 2003

Amendment #1 to Application

By this Amendment #1, applicant now submits additional evidence of homeland authority in the form of a May 8, 2003 designation request for the following routes: (i) Mexico City, Mexico - Huntsville, AL; and (ii) Guadalajara, Mexico - Huntsville, AL.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-03-15861 - US-Mexico

September 4, 2003

Amendment #2 to Application

By this Amendment #2, applicant now submits additional evid!ence of homeland authority in the form of a August 8,2003 designation request for the following routes: (i) Mexico City, Mexico - Huntsville, AL; and (ii) Guadalajara, Mexico - Huntsville, AL.

Counsel: Pierre Murphy, 202-777-3980, pmurphy@lopmurphy.com

OST-03-15861 - US-Mexico

Filed August 25, 2003 | Issued September 10, 2003

Notice of Action Taken | Word

Amend exemption from 49 USC section 41301, granted August 22, 2003, in this Docket, to permit the applicant to conduct scheduled, all-cargo services between: 1) Mexico City, Mexico, and Huntsville, Alabama; and 2) Guadalajara, Mexico, and Huntsville, Alabama.

By: Paul Gretch

OST-96-1249 - Mexico-US All-Cargo

January 2, 2004

Application for Renewal of Exemption

Hereby submits its application for renewal of its exemption authorizing it to perform scheduled foreign air transportation of property and mail between Cancun, Mexico, and Miami, Florida; Mexico City, including Toluca, Mexico, and Los Angeles, California; Guadalajara, Mexico, and Miami, Florida; Mexico City, including Toluca, Mexico, and New York, New York; Merida, Mexico, and Miami, Florida; and Merida, Mexico, and New York, New York.

Counsel: Celestino Pena, 305-856-5655

OST-96-1249 - Mexico-US Scheduled All-Cargo

Filed January 5, 2004 | Issued January 21, 2004

Notice of Action Taken | Word

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, all-cargo services between: 1) Cancun, Mexico, and Miami, Florida; 2) Mexico City (including Toluca), Mexico, and Los Angeles, California; 3) Guadalajara, Mexico, and Miami, Florida; 4) Mexico City (including Toluca), Mexico, and New York, New York; 5) Merida, Mexico, and Miami, Florida; and 6) Merida, Mexico, and New York, New York.

By: Paul Gretch

OST-96-1249 - Mexico-US Scheduled All-Cargo

December 16, 2004

Application for Renewal of Exemption

Hereby submits its application for renewal of its exemption authorizing it to perform scheduled foreign air transportation of property and mail between Cancun, Mexico, and Miami, Florida; Mexico City, including Toluca, Mexico, and Los Angeles, California; Guadalajara, Mexico, and Miami, Florida; Mexico City, including Toluca, Mexico, and New York, New York; Merida, Mexico, and Miami, Florida; and Merida, Mexico, and New York, New York.

Counsel: Celestino Pena, 305-856-5655, cpena2@bellsouth.net

OST-96-1249 - Mexico-US Scheduled All-Cargo

Filed December 16, 2004 | Issued January 13, 2005

Notice of Action Taken

Exemption from 49 USC section 41301 to permit the applicant to conduct scheduled, all-cargo services between: 1) Cancun, Mexico, and Miami, Florida; 2) Mexico City (including Toluca), Mexico, and Los Angeles, California; 3) Guadalajara, Mexico, and Miami, Florida; 4) Mexico City (including Toluca), Mexico, and New York, New York; and 5) Merida, Mexico, and New York, New York. (In its application Mas de Carga also requested authority to serve the Merida-Miami market, but subsequently requested deferral on that portion of its application.)

By: Paul Gretch

OST-1996-1249 - Mexico-US Scheduled All-Cargo

January 17, 2006

Application for Renewal of Exemption | Word

AEROTRANSPORTES MAS DE CARGA, S.A. de C.V. by and through its undersigned counsel, and pursuant to 49 U.S.C. Section 40109 hereby submits its application for renewal of its exemption authorizing it to perform scheduled foreign air transportation of property and mail between Cancun, Mexico, and Miami, Florida; Mexico City, including Toluca, Mexico, and Los Angeles, California; Guadalajara, Mexico, and Miami, Florida; Mexico City, including Toluca, Mexico, and New York, New York; Merida, Mexico, and Miami, Florida; and Merida, Mexico, and New York, New York as authorized under Docket OST-1996-1249. The last exemption granted under this Docket will expire on January 21, 2006.

Counsel: MAS de Carga, Celestino Pena, 305-856-5655, cpena2@bellsouth.net

OST-1996-1249 - Mexico-US Scheduled All-Cargo

September 7, 2006

Email Message - Accepting Exclusion of Toluca

In reference to MAS AIR'S application for an Extension of its Exemption, filed in Docket 1996-1249, I am authorized to advise the Department of Transportation that Mas Air accepts the exclusion of Toluca as one of the cities in Mexico listed in the pending Application, in accordance with the recent bilateral agreement subscribed by the governments of both Mexico and the United States.

Counsel: Mas Air, Celestino Pena, 305-856-5655

OST-1996-1249 - Mexico-US Scheduled All-Cargo

Filed January 18, 2006 | Supplemented September 7, 2006 | Issued September 18, 2006

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to conduct scheduled foreign air transportation of property and mail between: 1) Cancun, Mexico, and Miami, Florida; 2) Mexico City, Mexico, and Los Angeles, California; 3) Guadalajara, Mexico, and Miami, Florida; 4) Mexico City, Mexico, and New York, New York; 5) Merida, Mexico, and Miami, Florida; and 6) Merida, Mexico, and New York, New York.

By: Paul Gretch

OST-1996-1249 - Mexico-US Scheduled All-Cargo

August 24, 2007

Application for Renewal of Exemption | Word

MAS de CARGA hereby submits its application for renewal of its exemption authorizing it to perform scheduled foreign air transportation of property and mail between Cancun, Mexico, and Miami, Florida; Mexico City, Mexico, and Miami, Florida; Mexico City, Mexico, and Los Angeles, California; Guadalajara, Mexico, and Miami, Florida; Mexico City, Mexico, and New York, New York; Merida, Mexico, and Miami, Florida; and Merida, Mexico, and New York, New York as authorized under Docket OST-1996-1249. The last exemption granted under this Docket will expire on September 18, 2007.

Counsel: MAS de Carga, Celestino Pena, 305-856-5655, cpena2@bellsouth.net

OST-1996-1249 - Mexico-US Scheduled All-Cargo

September 12, 2007

Supplemental Renewal of Exemption | Word

MAS de CARGA by and through its undersigned counsel, and pursuant to 49 U.S.C. Section 40109 submitted on August 24, 2007 its application for the renewal of its exemption authorizing it to perform scheduled foreign air transportation of property and mail between Cancun, Mexico, and Miami, Florida; Mexico City, Mexico, and Miami, Florida; Mexico City, Mexico, and Los Angeles, California; Guadalajara, Mexico, and Miami, Florida; Mexico City, Mexico, and New York, New York; Merida, Mexico, and Miami, Florida; and Merida, Mexico, and New York, New York as authorized under Docket OST-1996-1249.

Subsequent to this filing, i.e., on September 5, 2007,  MAS de CARGA was granted the required regulatory authority from Mexico’s Secretary of Transportation, Dirección General de Aeronáutica Civil, enabling MAS de CARGA  to operate regularly scheduled all cargo flights as a designated carrier in the city pair Mexico, D.C.- Atlanta, Georgia. In that important business opportunities are immediately available, opportunities which we submit will result in increased benefits for the trade and commerce between Mexico, Georgia and the entire southeastern region of the United States, MAS de CARGA is hereby requesting the Department of Transportation to issue as soon as practicable the needed authority to start regularly scheduled service coterminalizing the cities of Miami and Atlanta with Mexico, D.C., so as to operate services with the itinerary MEX-MIA-ATL-MEX, that is, returning from Miami to Mexico with an intermediate stopover in Atlanta, without carrying, of course, any local revenue traffic between Miami and Atlanta.

Counsel: Celestino Pena, 305-856-5655, cpena2@bellsouth.net

OST-1996-1249 - Mexico-US Scheduled All-Cargo

September 27, 2007

Answer of Amerijet International

On several occasions in the past, Amerijet has sought authority from the Government of Mexico to operate beyond a Mexico terminal point it is auhtorized to serve to another terminal point it is authorized to serve as a continuing flight in accordance with Paragraph D.7. On each occasion, except one, the Government of Mexico has refused to approve its request. The Government of Mexico even refused to approve an Amerijet request for authority to position an empty aircraft at the beyond point without authority to carry any revenue traffic on the beyond flight. In short, with the exception of one limited special situation, the Government of Mexico has denied each and every Amerijet request for beyond Mexico point operational flexibility provided for in Paragraph D.7., and the Government of Mexico has never explained its action to Amerijet with reference to Paragraph D.7.

Amerijet has no interest in disadvantaging MAS de Carga or depriving it of the economically attractive operatioanl flexibility it seeks. Nevertheless, unless and until the Government of Mexico authorizes Amerijet to enjoy the benefits of Paragraph D.7., Amerijet must object to approval of the pending MAS de Carga application.

Counsel: John Richardson, 202-371-2258, jrichardson@johnlrichardson.com

OST-1996-1249 - Mexico-US Scheduled All-Cargo

October 5, 2007

Reply of MAS de Carga | Word

MAS de CARGA submitted on August 24, 2007, its application for the renewal of its existing regulatory authority in the above captioned Docket 1249. This authority covers routes between Mexico and the United States as provided in the bilateral agreements in effect . See Notice of Action Taken issued by the Department of Transportation on September 18, 2006. No Statements have been filed in this Docket by third parties, either objecting or otherwise commenting  on MAS de CARGA’s request for renewal.

A Supplemental Application thereto was subsequently filed last September 12, 2007, so as to request the addition of Atlanta to the points served by MAS de CARGA, in that the requisite designation to operate scheduled all-cargo flights in the route Mexico City-Atlanta had only been issued to MAS de CARGA on September 5, 2007 by Mexico’s Dirección General de Aeronáutica Civil. It is in connection with this Supplemental Application that Amerijet International, Inc. has submitted an Answer asking the Department “to stay its hand” and “not (to) act on this application until the present disposition of the Government of Mexico is made clear”  --this disposition of the the Government of Mexico being relative, according to Amerijet’s filing,  to  instances in which Amerijet claims not to have been granted in the past authorizations to operate beyond a Mexico terminal point as a continuing flight.

MAS de CARGA respectfully replies, on the same good faith spirit and willing disposition expressed by Amerijet, that Amerijet’s request would in fact disadvantage MAS de CARGA and would certainly deprive MAS from operational flexibilities agreed upon by the two countries. This concept of operational flexibilities is precisely one of the key  basis of the U.S.-Mexico Air Transport Agreement of December 12, 2005.  Section B.1 and Section D.3 therein are drafted in the broadest of terms, allowing designated carriers of either party operational flexibilities such as, among others, the ability to omit points in any or all flights, to combine different flight numbers within one aircraft operation, and to combine points in any order on the authorized routes  (emphasis added). By combining Miami and Atlanta operations, MAS is merely putting into practice the rational, economically prudent operational opportunities afforded to all designated carriers under the terms of the existing bilateral. Again, with all due deference MAS submits that there is a disproportionate weight in comparing the routine combination of points exchanged in their respective territories by both signatories (such as MAS operation Miami-Atlanta-Mexico) , when contrasted to operations involving points beyond, which, of necessity, involve economic, political and legal  considerations of different degrees and magnitudes. In addition, there is no concrete frame of reference in this particular case, inasmuch as no specific dates or instances are cited of the refusals from the Government of Mexico  which Amerijet claims in its Answer.

Counsel: Celestino Pena, 305-856-5655, cpena2@bellsouth.net

OST-1996-1249 - Exemption - Mexico-US Scheduled All-Cargo

Filed August 24, 2007 | Supplemented September 12, 2007 | Issued March 14, 2008

Notice of Action Taken

Renewal of exemption from 49 USC §41301 to permit the applicant to conduct 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, Florida; 5) Mexico City, Mexico, and New York, New York; 6) Merida, Mexico, and Miami, Florida; and 7) Merida, Mexico, and New York, New York.

Amendment to that authority to permit the applicant to conduct scheduled foreign air transportation of property and mail between Mexico City, Mexico, and Atlanta, Georgia, and to serve Miami and Atlanta on a coterminal basis.

Renewal of exemption from 49 USC §41301 to permit the applicant to conduct all-cargo charters between Mexico and the United States, and other all-cargo charters in accordance with 14 CFR Part 212.

By: Paul Gretch

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