OST-97-2592 / Falcon Air / June 6, 1997

Application of:

for an Exemption Pursuant to 49 U.S.C. §40109

Falcon Air Express, Inc. ("Falcon Air") seeks exemption authority pursuant to 49 U.S.C. §40109 to add an additional two (2) aircraft pending action on its application filed contemporaneously in Dockets OST-95-676 and OST-95-677. Falcon Air possesses the necessary managerial and financial disposition to expand its operations to meet the immediate need for additional domestic and international charter air service and sub-service and has provided the Department with financial information regarding the success of Falcon Air's ongoing operations to date.

In support of this Application, Falcon Air states as follows:

By a companion application dated June 6, 1997, Falcon Air has applied for an amendment to its Certificate of Public Convenience and Necessity to extent necessary to lift the lone aircraft" limitation. /1 Falcon Air continues to be fit, willing and able to operate the

additional services it proposes herein. Falcon Air's application to amend its Certificate of Public Convenience and Necessity contains all the information required by the DOT to evaluate Falcon Air's qualifications to operate additional aircraft for which exemption authority is requested herein, and Falcon Air hereby incorporates its application to Amend its Certificate of Public Convenience and Necessity and its exhibits in this Application. Thus, the DOT has all of the information necessary to enable the Department to determine this application for exemption authority.

Falcon Air respectfully requests that immediate action be taken with regard to this application and requests that the Department waive the 15-day response period for answers to this application. No objections were filed in response to any of Falcon Air's previous filings in connection with its certificate application, and Falcon Air has no reason to believe that any other party would object to the present application. Falcon Air's proposal to expand its fleet has been endorsed by a number of charter air carriers, tour operators and foreign air carriers from Category

1/ On November 4, 1996 Falcon Air Express, Inc. filed an application in Dockets OST-96-676 and OST-96-677 to Amend its Certificate of Public Convenience and Necessity to the extent necessary to lift the "one aircraft" limitation. That Application was amended and supplemented on November 15,1996 and December 3, 1996. On December 5, 1996, the Department orally advised Falcon Air that it could add a second aircraft to its fleet, but deferred action on the applications to Amend the Certificate of Public Convenience and Necessity until Falcon Air had some operating experience with the second aircraft. See Order 97-2-5 at 2.

II countries, and is needed on an immediate basis.

WHEREFORE, for the foregoing reasons, Falcon Air Express, Inc. respectfully requests that the Department grant its application for an exemption to the extent necessary to add an additional two (2) aircraft, to lift the current one (1) aircraft limitation from its certificate on an immediate basis for domestic and international charter and sub-service transportation, and grant its motion for immediate action and waiver of the answer period, as set forth herein. In the alternative, Falcon Air Express, Inc. requests such other, further or different relief as the Department may deem appropriate.

June 6, 1997

Respectfully submitted,

Pierre Murphy

Elizabeth C. Collins

One Weston Center

2445 M Street, N.W.

Suite 260

Washington, DC 20037

(202) 872-1679

Attorneys for Falcon Air Express, Inc.