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OST-1996-1249

http://www.masair.com/


Aerotransportes Mas de Carga, S.A. de C.V.  

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

June 19, 1997

Notice of Action Taken

Exemption to continue to conduct scheduled, all-cargo services between: 1) Cancun and Miami; and 2) Mexico City (including Toluca) and Los Angeles

By: Paul Gretch / Counsel: Ana Maria Escagedo, 305-373-6600



Order 97-8-18 | Issued August 21, 1997 | Served August 26, 1997

Order



OST-96-1249 | May 7, 1998

Application for Renewal and Amendment of Exemption

HTML

MAS de Carga hereby asks for renewal and amendment of its exemption from the requirements of Section 402 of the Act and any such other provisions of the Act and Economic Regulations of the Department of Transportation ("DOT") so as to authorize MAS de Carga to continue to perform scheduled foreign air transportation of property and mail between (1) Mexico City, Mexico and Los Angeles, California, and (2) Cancun, Mexico and Miami, Florida, and to begin performing scheduled foreign air transportation of property and mail between (1) Guadalajara, Mexico and Los Angeles, California, (2) Guadalajara, Mexico and Miami, Florida, (3) Mexico City, Mexico and New York New York (4) Merida, Mexico and Miami, Florida, and ( Merida, Mexico and New York, New York.

Attachment A - Mexican Certificate Authority | Attachment B - Embassy of Mexico Documentation

Counsel: Celestino Pena, 305.381.6252



OST-96-1249 | Filed May 8, 1998 | Issued May 29, 1998

Notice of Action

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

Applicant Rep:  Celestino Pena, 305-381-6252



OST-96-1249 May 27, 1999 Application for Renewal of Exemption Exemption - Cancun, Mexico - Miami, Florida Mexico City/Toluca, Mexico-Los Angeles, California
    Service List  

Application of Aerotransportes Mas De Carga, S.A. de C.V., pursuant to 49 U.S.C. Section 40109, applies 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 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



OST-96-1249 Dated May 27, 1999
Docketed June 2, 1999
Application for Renewal of Exemption Cancun, Mexico, - Miami, Florida; Mexico City, including Toluca, Mexico, - Los Angeles, California; Guadalajara, Mexico - Los Angeles, California; Guadalajara, Mexico - Miami, Florida; Mexico Ciity

Counsel:  Celstino Pena, for MAS de Carga, 305.381.6252



OST-96-1249 August 2, 1999 Notice of Action Taken US-Mexico (All-Cargo)

By:  Paul Gretch



OST-96-1249 August 1, 2000 Application for Renewal of Exemption Cancun, Mexico- Miami; Mexico City, including Toluca, Mexico- Los Angeles; Guadalajara, Mexico- Los Angeles; Guadalajara, Mexico- Miami
    Service List  

Counsel:  Celstino Pena, for MAS de Carga, 305.381.6252



OST-96-1249 August 4, 2000 Application for Renewal of Exemption Cancun, - Miami; Mexico City, including Toluca, - Los Angeles; Guadalajara, - Los Angeles/Miami
    Service List  

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 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 96-1249.

Counsel:  Celstino Pena, for MAS de Carga, 305.381.6252



OST-96-1249 Filed August 1, 2000
Issued August 22, 2000
Notice of Action Taken Cancun, - Miami; Mexico City, including Toluca, - Los Angeles; Guadalajara, - Los Angeles/Miami

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 Los Angeles, California; 4) Guadalajara, Mexico, and Miami, Florida; 5) Mexico City (including Toluca), Mexico, and New York, New York; 6) Merida, Mexico, and Miami, Florida; and 7) Merida, Mexico, and New York, New York.

By:  Paul Gretch



OST-96-1249 August 22, 2001 Application for Renewal of Exemption Exemption - Cancun, Mexico - Miami, Florida Mexico City/Toluca, Mexico-Los Angeles, California
    Service List  

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 96-1249. The last exemption granted under this Docket will expire on August 22, 2001. MAS de Carga is a flag carrier of Mexico and continues to be authorized and designated by the Government of Mexico to perform scheduled all-cargo service in the routes requested.

Counsel:  Celestino Pena



OST-96-1249 August 22, 2001
Docketed August 27, 2000
Application for Renewal of Exemption Cancun, - Miami; Mexico City, including Toluca, - Los Angeles; Guadalajara, - Los Angeles/Miami
    Service List  

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; 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 96-1249.

Counsel:  Celstino Pena, for MAS de Carga, 305.381.6252



OST-96-1249 Issued August 27, 2001
Served October 15, 2001
Notice of Action Taken Cancun- Miami; Mexico City, including Toluca- L.A.; Guadalajara- L.A./Miami

By: Paul Gretch



OST-96-1249 January 10, 2003
Docketed January 13, 2003
Application for Renewal of an Exemption

Application for an Exemption (Fax Copy)

Cancun-Miami-Mexico City/Toluca, Mexico-Los Angeles
    Service List  
       

Application of Aerotransportes Mas de Carga, S.A. de C.V. pursuant to 49 USC Section 40109, requesting an 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-96-1249.

Counsel: Celestino Pena, 305 856-5655



OST-96-1249 Filed January 13, 2003
Issued January 15, 2003
Notice of Action Taken Cancun-Miami, Mexico City/Toluca-Los Angeles

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; and 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



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



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



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



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



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



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



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



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



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



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



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



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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