OST-1997-2245 - Commander Mexicana

Commander Mexicana's Third and Fourth Freedom charter authority is authorized by Annex II to the U.S.-Mexico Air Transport Agreement, and is therefore presumptively in the public interest. Commander Mexicana's Fifth Freedom charter authority is based on principles of comity and reciprocity, as is its relief from the advance approval requirement for transborder charter flights and any grant of stopover privileges. Commander Mexicana submits that continuation of these extra-bilateral authorizations is warranted given the harmonious state of aviation relations between the United States and Mexico.

Exhibit A: Changes in Operations
Exhibit B: Certificates of Insurance, OST Forms 6411
Service List

Counsel: Roller & Bauer, Lee Bauer, 202-962-9440

OST-97-2245 | Filed March 9, 1998 | Action Taken April 16, 1998

Notice of Action

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment, for a period of one year.

Counsel: Roller & Bauer, Lee Bauer, 202-962-9440

OST-97-2245	March 12, 1999	Application for Renewal of Exemption	Mexico-US Charter
		Exhibit A: Changes in Operations
		Exhibit B-1: Ownership
		Exhibit B-2: Ownership of Fiusa Pasteje, S.A. de C.V.
		Exhibit C: Fleet
		Service List

The ownership of Commander Mexicana changed recently with the shift of shareholder interests within the IUSA family of companies. Commander Mexicana remains, however, a privately held company that is 100% owned and controlled by Mexican citizens. The current ownership of Commander Mexicana is shown in Exhibit B. In addition, since Commander Mexicana is principally owned by four corporations, Exhibit B also sets forth the ownership information for those companies.

Counsel: Roller & Bauer, Lee Bauer, 202-331-3300

OST-97-2245

Filed March 12, 1999
Issued April 16, 1999

Mexico-US Charter

By: Paul Gretch

OST-97-2245	February 25, 2000	Application for Renewal of Exemption	Mexico-US Charters
		Exhibit A & B: Changes in Operations
		Service List

The ownership of Commander Mexicana changed recently with the shift of shareholder interests within the IUSA family of companies. Commander Mexicana remains, however, a privately held company that is 100% owned and controlled by Mexican citizens. The current ownership of Commander Mexicana is shown in Exhibit B. In addition, since Commander Mexicana is principally owned by IUSA Pasteje, S.A. de C.V., Exhibit B also sets forth the ownership information for this company.

Counsel: Roller Bauer, Lee Bauer, 202-331-3300

Filed February 25, 2000
Issued April 14, 2000

U.S.- Mexico Charter

OST-97-2245	March 20, 2001	Application for Renewal of Exemption	U.S.- Mexico Charters
		Exhibit A: Changes in Operations
		Service List

Counsel: Roller Bauer, Lee Bauer, 202-331-3300, airlaw@rollerbauer.com

Filed March 20, 2001
Issued April 19, 2001

U.S.- Mexico Charters

Exemption to permit the applicant to continue to Conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment.

By: Paul Gretch

OST-97-2245	February 13, 2002	Application for Renewal of Exemption	U.S.- Mexico Charters
		Exhibit A: Changes in Operations
		Service List

Counsel: Roller Bauer, Lee Bauer, 202.331.3300, airlaw@rollerbauer.com

Filed February 13, 2002
Issued April 17, 2002

U.S.- Mexico Charter Taxi

By: Paul Gretch

Application from Renewal of Exemption

February 13, 2003

Mexico - US Charter Taxi

Counsel: Roller & Bauer, Lee Bauer, 202-331-3300

Filed February 13, 2003
Issued April 1, 2003

Mexico-US Charter Air Transportation

By: Paul Gretch

March 23, 2004

Pursuant to 49 U.S.C. §40109 and Subpart D of the Department's Rules of Practice in Proceedings, Commander Mexicana, S.A. de C.V. hereby applies for renewal of its exemption from 49 U.S.C. §41301, which authorizes Commander Mexicana to engage in charter foreign air transportation of passengers between Mexico and the United States, and other passenger charter operations in accordance with 14 C.F.R. Part 212, using small aircraft. Commander Mexicana also requests renewal of its stopover privileges and continued relief from the requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States.

The Department granted the above authority to Commander Mexicana pursuant to a Notice of Action Taken dated April 1, 2003. Commander Mexicana requests that the Department renew this authority, which is scheduled to expire April 19, 2004, for a period of at least two years.

Commander Mexicana 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 on this renewal application.

Counsel: Roller & Bauer, Lee Bauer, 202-331-3300

Filed April 13, 2004 | Issued May 20, 2004

Notice of Action Taken | Word

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment (see below).

By: Paul Gretch

April 20, 2005

Counsel: Roller & Bauer, Lee Bauer, 202-331-3322, airlaw@rollerbauer.com

Filed April 20, 2005 | Issued June 22, 2005

Notice of Action Taken | Word

Relief requested: Renewal of exemption from 49 USC § 41301 to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. The applicant also requests renewal of its stopover privileges and continued relief from the requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States. The applicant requests that the authority be granted for a two-year term.

By: Paul Gretch

May 12, 2006

Commander Mexicana, S.A. de C.V. hereby applies for renewal of its exemption which authorizes Commander Mexicana to engage in charter foreign air transportation of passengers between Mexico and the United States, and other passenger charter operations in accordance with 14 C.F.R. Part 212, using small aircraft. Commander Mexicana also requests renewal of its stopover privileges and continued relief from the Department's requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States.

Commander Mexicana requests that the Department renew this authority, which is scheduled to expire June 22, 2006, for a period of at least two years.

Counsel: Roller & Bauer, Lee Bauer, 202-331-3300, airlaw@rollerbauer.com

Filed May 12, 2006 | Issued June 9, 2006

Notice of Action Taken | Word

Renewal of exemption to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. The applicant also requests stopover privileges and relief from the Department's requirement to provide prior notice of each flight, or series of flights, between Mexico and the United States. The applicant requests that the authority be granted for a two-year term.

In the conduct of these operations, the carrier must adhere to all applicable provisions of the Agreement. In the conduct of these operations, the carrier may only use aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds (small equipment). The above grant includes authority to operate Third and Fourth Freedom charters. While we have subjected, consistent with the provisions of the Agreement, Mexican carriers conducting charter operations with large aircraft to prior approval or submission of notice for their Third and Fourth Freedom charters, we determined that any such requirement was not necessary on public interest grounds in the case of this carrier, since the carrier will be conducting these operations solely with small aircraft.

By: Paul Gretch

April 4, 2007

Commander Mexicana, S.A. de C.V. hereby applies for renewal of its exemption from 49 U.S.C. §41301, which authorizes Commander Mexicana to engage in charter foreign air transportation of passengers between Mexico and the United States, and other passenger charter operations in accordance with 14 C.F.R. Part 212, using small aircraft. Commander Mexicana also requests renewal of its stopover privileges and continued relief from the Department's requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States.

The Department granted the above authority to Commander Mexicana pursuant to a Notice of Action Taken dated June 9, 2006. Commander Mexicana requests that the Department renew this authority, which is scheduled to expire June 9, 2007, for a period of at least two years.

Counsel: Roller & Bauer, Lee Bauer, 202-331-3300, airlaw@rollerbauer.com

Filed April 4, 2007 | Issued June 21, 2007