Docket OST-95-350 / Air Afrique / August 26, 1997

Application of

for an exemption pursuant to 49 U.S.C. §40109 of the Transportation Code

Dated: August 26, 1997

Pursuant to 49 U.S.C. §40109 (former Section 416(b) of the Federal Aviation Act of 1958 as amended), and Subpart D of the Department's Procedural Regulations, Air Afrique hereby applies for renewal of the exemption granted to it by Order 96-10-13, which authorizes Air Afrique to serve Bamako, Mali on an intermediate point basis in conjunction with the Company's existing Abidjan-Dakar-New York service. /1 Air Afrique respectfully requests that such authority be renewed for an additional year. In support of this application, Air Afrique respectfully states as follows:

1/ Pursuant to Section 377.10(a) of the Department's regulations, 14 C.F.R. § 377.10(a), Air Afrique states its intention to rely on 5 U.S.C. § 558(c), as implemented by Part 377, to continue in effect its current authorization to serve Bamako pending a final determination on this renewal application.

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1. Air Afrique has been issued a foreign air carrier permit authorizing it to engage in scheduled foreign air transportation of persons, property and mail as follows:

CAB Order 75-5-2, effective April 29, 1975. The permit also authorizes Air Afrique to conduct charter services pursuant to the Department's regulations.

2. Four years ago, Air Afrique requested authority to serve Bamako, Mali as an intermediate point on certain of its existing Abidjan-Dakar-New York services. In support of its application, Air Afrique noted that it had been forced to suspend its service to Monrovia, Liberia, and that the requested authority would permit the Company to replace Monrovia with Bamako on certain of its services to the United States. That application was granted by Notice of Action Taken dated June 17, 1993, and was renewed for another year in June of 1994. Order 95-1-8. Pursuant to that authority, Air Afrique served Bamako for much of the latter half of 1993 and the early part of 1994. That authority was reinstated last year by Order 95-10-12, and was renewed last year by Order 96-10-13. Although Air Afrique

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suspended its Bamako operations in mid-1994, it anticipates that it will be in a position to resume operations via Bamako later this year.

3. Air Afrique has been found fit to provide scheduled foreign air transportation between New York and various points in Africa. See CAB Order 75-5-2; DOT Orders 95-10-12 and 96-10-13. Air Afrique is fit, willing, and able to provide the air transportation covered by this application and to conform to the provisions of the Transportation Code and the rules, regulations, and requirements of the Department issued pursuant thereto.

4. As was the case in connection with Air Afrique's original application for such authority, approval of this renewal application is supported by principles of comity and reciprocity. On April 21, 1992, the Government of Mali completed the necessary procedures to ratify the Treaty of Yaounde, which provides for the creation of Air Afrique as a multinational airline providing service to the member countries. Although there is no formal bilateral aviation agreement between the United States and Mali, Air Afrique understands that the Government of Mali has formally advised the United States of its desire to have Air Afrique recognized as an air carrier of Mali for the purposes of operating the service described herein and requested that Air

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Afrique be authorized to provide service between Bamako and New York on the basis of reciprocity and comity. Air Afrique further understands that the Government of Mali has confirmed that it is prepared to grant reciprocal operating privileges to a U.S. air carrier desiring to serve Bamako.

5. Approval of this application would be consistent with the public interest. No other air carrier currently provides direct service to Bamako. Thus, Air Afrique's request will enable the Company to provide the only direct service to the Mali region, with a population of over 7 million people. At the same time, granting of the exemption to serve Bamako would help to strengthen Air Afrique's operations to the U.S.

WHEREFORE, Air Afrique respectfully requests that the exemption granted to it by Order 96-10-13 be renewed for one year and that the Department grant such further, different and additional relief as it may deem appropriate.

Respectfully submitted,

ZUCKERT, SCOUTT & RASENBERGER, L.L.P.

William H. Callaway, Jr.

Counsel for AIR AFRIQUE

August 26, 1997