BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. )))))))))))))))))))))))))))))))))))))-----)), Application of ESTAFETA CARGA AEREA, S.A. de C.V. DOCKET OST-2001-8630 for a 40109 exemption to operate scheduled and charter cargo services between points in Mexico and the United States ))))))))))))))))))))))))))))))))))))))-----)- APPLICATION OF ESTAFETA CARGA AEREA, S.A. de C.V. FOR RENEWAL OF ITS TEMPORARY SECTION 40109(c) EXEMPTION TO OPERATE CARGO CHARTERS AND SCHEDULED ALL-CARGO SERVICES BETWEEN THE UNITED STATES AND MEXICO PART 377 INVOKED FOR CONTINUATION OF THE AUTHORITY PENDING DETERMINATION BY THE DEPARTMENT Communications with respect to this application should be addressed to: February 29, 2016 HERBERT A. ROSENTHAL, ESQ 6101 PLAINVIEW ROAD BETHESDA, MD 20817 PHONE: 202-744-3833 Email: hrosenthal5@gmail.com Attorney for ESTAFETA CARGA AEREA S.A. de C.V. NOTICE: Answers in support of or in opposition to this application must be filed at the Department of Transportation's Docket Section on or before March 15, 2016, and a copy served upon the applicant and each person listed on the service list contained in this application.
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ))))))))))))))))))))))))))))))))))))-----))), Application of ESTAFETA CARGA AEREA, S.A. de C.V. for a 40109 exemption to operate scheduled cargo services and cargo charters between points in Mexico and points in the United States. )))))))))))))))))))))))))))))))))))))-----))- FILED: February 29, 2016 DOCKET OST-2001-8630 APPLICATION OF ESTAFETA CARGA AEREA, S.A. de C.V. FOR RENEWAL OF ITS TEMPORARY SECTION 40109(c) EXEMPTION TO OPERATE ALL-CARGO SERVICES; PART 377 INVOKED TO CONTINUE AUTHORITY. Pursuant to 49 U.S.C 40109 and the Department's Regulations and pursuant to Part 377 of the Department's Regulations and 5 U.S.C. 558(c), ESTAFETA CARGA AEREA, S.A. de C.V. ("ESTAFETA") submits this application for the renewal of the all-cargo service exemption issued on March 13, 2015, (Notice of Action taken--docket OST-2001-8630) authorizing ESTAFETA to engage in charter cargo transportation of property between points in Mexico, on the one hand, and points in the United States, on the other, for a period of one year; and scheduled all-cargo services between (1) Merida, Mexico, and Miami, Florida; and (2) Cancun, Mexico, and Miami, Florida; (See February 16, 2007, designation by the Government of Mexico attached to our October 2007 filing).
I. RENEWAL OF EXISTING AUTHORITY 1. ESTAFETA is applying to renew its cargo charter and scheduled cargo authority between the United States and Mexico. (See notice of Action taken on March 13, 2015). The governments of these countries have established a liberal charter authority regime for carriers of each country. (See DOT Orders 99-7-23 and 98-4-2). Estafeta has been awarded economic and operating authority by its home country to engage in these charters. Estafeta has four B737 and two CRJ100 (CL600-2B19) freighters in its fleet for this service. Estafeta leases its aircraft and operates them with its own crews. The carrier began Mexico domestic operations in November 2000. The carrier currently operates four weekly roundtrips between Cancun and Miami; and one roundtrip a week between Merida and Miami. And cargo charters from time to time. Operations in 2016 are expected to be approximately the same as those operated in 2015. 2. Estafeta relies on the data it submitted with its original application. That information is still substantially correct. Since it began service to the United States, Estafeta has had no operating accident or incidents. It is unaware of any complaints filed against it. Estafeta is not aware of any enforcement actions from the Department of Transportation or the FAA. 3. ESTAFETA began service to the United States in January 2002. 4. ESTAFETA is wholly owned and managed by citizens of Mexico. The company and its key personnel have no interest in any U.S. or non- 2
U.S. carrier, common carrier, or person substantially engaged in aeronautics. ESTAFETA is headquartered at San Luis Potosi's Ponciano Arriaga Airport and has a corporate presence in Mexico City. 5. Estafeta requests renewal of its cargo charter authority from any point in the United States to/from any point in the United States of Mexico. The U.S.A. - Mexico charter bilateral establishes the comity and reciprocity required for the granting. 6. Invocation of PART 377 automatic extension: This renewal application is being filed before the expiration of Notice of action taken dated March 13, 2015. Thus, Estafeta is relying on that Part for the automatic extension of its current authority pending Department action on this renewal. Estafeta is not seeking any new authority in this application. WHEREFORE, ESTAFETA CARGA AEREA, S.A. de C.V. requests the Department of Transportation to renew its exemption from 41302 of Title 49 to continue to authorize it to conduct scheduled and foreign charter air transportation of property between points in the United States, on the one hand, and points in Mexico, on the other, including scheduled all-cargo services between (a) between Miami, Florida, and Merida, Mexico; and (b) between Miami, Florida, and Cancun, Mexico; (c) cargo charter services between points in Mexico and points in the United States; and (d) for other relief which is just and proper. 3
Respectfully submitted, /s/ Herbert A. Rosenthal HERBERT A. ROSENTHAL, ESQ. HERBERT A. ROSENTHAL,CHARTERED Attorney for ESTAFETA CARGA AEREA February 29, 2016 I:\ESTAFETA\EXEMPTION APPL 15 MARCH 2016 4
CERTIFICATE OF SERVICE I certify that I have mailed or emailed a copy of this exemption application renewal to the following persons: HERBERT A. ROSENTHAL, ESQ. 6101 PLAINVIEW ROAD BETHESDA, MD 20817 202 744 3833 HROSENTHAL5.@GMAIL.COM WORLD AIRWAYS, INC. MLBENGE@ZSRLAW.COM MCMILLIN@WOA.COM CJSIMPSON@ZSR.COM TOM LYDON john.palo@evergreenaviation.com MR. JUAN RIVERA(P0I) DFW INT'L FIELD OFFICE DFW IFO SW 23 FEDERAL AVIATION ADMINISTRATION 1431 GREENWAY DRIVE, #230 IRVING, TEXAS 75038 972-714-7713 JUAN.RIVERA@FAA.GOV ROBERT P. SILVERBERG, ESQ. BAGILEO, SILVERBERG & GOLDMAN 1101 30TH STREET, N.W., #120 WASHINGTON, DC 20007 RSILVERBERG@SgbDC.COM AIRLINE INFORMATION RESEARCH info@airlineinfo.com 5
MLBENGE@ZSRLAW.COM ZUCKERT, SCOUTT & RASENBERGER 888-17TH ST., N.W., #600 WASHINGTON, DC 20006-3959 (CHALLENGE) U.S. DEPARTMENT OF STATE OFFICE OF AVIATION NEGOTIATIONS ROOM 3425, EDB/TRA/AN 2201 C STREET, N.W. WASHINGTON, DC 20520 FLIGHT STANDARDS SERVICE AFS-200 FEDERAL AVIATION ADMIN. WASHINGTON, DC 20591 MARK W. ATWOOD, ESQ. (AMERICAN INT'L AIRLINES AND TRANS CONTINENTAL AIRLINES) MATWOOD@COZEN.COM JAMES TELLO, ESQUIRE JAMESTELLO@EARTHLINK.NET CAPITAL CARGO jonathan.blank@klgates.com ABX Air, Air Transport lnt'l: rsilverberg@sgbdc.com American Airlines: howard. kass@aa.com Alaska Airlines, dhefferman@cozen.com Florida West: cdonley@squirepg.com Edward.sauer@squirepg.com Amerijet lnt'l: jcanny@amerijet.com Atlas Air: jcanny@amerijet.com Centurion Air Cargo: john@mietuslaw.com Delta Air Lines: sascha.vanderbellen@delta.com Christopher.walker@delta.com ExpressJet, SkyWest: gmurphy@crowell.com Florida West 6
John Maloney jmaloney@fwia.com Martin Gitlitz magitlitz@fwia.com Federal Aviation Administration: john s. duncan@faa.gov Federal Express: JetBiue: Kalitta Air: Polar Air Cargo: Southern Air: Southwest Airlines: Spirit Airlines: Sun Country Airlines: United Airlines: United Parcel Service: Virgin America: Nssparks@fedex.com Cefelts@fedex.com jhill@cooley.com Perkmann@cooley.com psanderlin@kalittaair.com kevin.montgomery@polaraircargo.com agoerlich@ggh-airlaw.com bob.kneisley@wnco.com Leslie.abbott@wnco.com jyoung@yklaw.com Dkirstein@yklaw.com thomas.ting@suncountry.com hershel.kamen@united.com Steve.morrissey@united.com Dan.weiss@united.com anita.mosner@hklaw.com mlbenge@zsrlaw.com /S/ Herbert A. Rosenthal HERBERT A. ROSENTHAL February 29, 2016 7