R:\FFILES\Magnicharters\DOT Exemption Supplement.wpd
Transcription
R:\FFILES\Magnicharters\DOT Exemption Supplement.wpd
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of Grupo Aereo Monterrey, S.A. de C.V. d/b/a Magnicharters Docket DOT-OST-2003-16308 for a foreign air carrier permit pursuant to § 41302 and an exemption pursuant to 49 U.S.C. § 40109 (U.S./Mexico Charter Air Transportation) APPLICATION OF GRUPO AEREO MONTERREY, S.A. DE C.V., d/b/a MAGNICHARTERS FOR A FOREIGN AIR CARRIER PERMIT AND SUPPLEMENT TO APPLICATION FOR AN EXEMPTION Communications with respect to this document may be served upon: Moffett B. Roller Lee A. Bauer ROLLER & BAUER, PLLC 45005 Aviation Drive; Suite 200 Washington, DC 20161 Tel: 202-331-3300 Fax: 202-331-3322 Email [email protected] Counsel for Grupo Aereo Monterrey, S.A. de C.V. DATED: August 16, 2011 NOTICE: Any person may support or oppose this Application by filing an answer and serving a copy on counsel for Grupo Aereo Monterrey, S.A. de C.V. and upon each person served with this application. The due date for answers is September 6, 2011. BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of Grupo Aereo Monterrey, S.A. de C.V. d/b/a Magnicharters Docket DOT-OST-2003-16308 for a foreign air carrier permit pursuant to § 41302 and an exemption pursuant to 49 U.S.C. § 40109 (U.S./Mexico Charter Air Transportation) APPLICATION OF GRUPO AEREO MONTERREY, S.A. DE C.V., d/b/a MAGNICHARTERS FOR A FOREIGN AIR CARRIER PERMIT AND SUPPLEMENT TO APPLICATION FOR AN EXEMPTION August 16, 2011 Pursuant to 49 U.S.C. §40109 and Subparts B and C of the Rules of Practice of the U.S. Department of Transportation, Grupo Aereo Monterrey, S.A. de C.V., d/b/a Magnicharters, hereby applies for a foreign air carrier permit pursuant to 49 U.S.C. §41302. In support of both this Application for a Permit and its Application for an Exemption, filed in this docket on October 9, 2003, Magnicharters incorporates by reference the information submitted with its Exemption Application except as updated and supplemented by the information provided in this Application/Supplement.. Magnicharters seeks authority to engage in charter foreign air transportation of passengers between the United States and Mexico and to conduct other passenger charter GRUPO AEREO MONTERREY, S.A. DE C.V. APPLICATION FOR A FOREIGN AIR CARRIER PERMIT AND SUPPLEMENT TO APPLICATION FOR EXEMPTION PAGE 2 operations in accordance with 14 C.F.R. Part 212. Magnicharters requests that the Department issue a show-cause order granting it a foreign air carrier permit for an indefinite duration. Magnicharters further requests that the Department grant it exemption authority for a period of two years or until the effective date of a foreign air carrier permit issued to Magnicharters, whichever is earlier. Magnicharters provides the following information in support of this Application for a Permit and to supplement the information set forth in its initial Application for an Exemption. In some cases information that was previously submitted is restated for purposes of continuity. 1. The full name of the Applicant is Grupo Aereo Monterrey, S.A. de C.V. , d/b/a Magnicharters. Magnicharters was incorporated in Mexico on May 26, 1993, and continues to be a private company that is owned and controlled by citizens of Mexico. Its corporate headquarters and its operations headquarters are located at the following addresses: Corporate Address: Operations Address: Grupo Aereo Monterrey, S.A. de CV Donato Guerra No. 9 Colonia Juárez Delegación Cuauhtemoc CP 06600, México, D.F. MÉXICO Grupo Aereo Monterrey, S.A. de CV Aeropuerto Internacional "Benito Juarez" Terminal de Aviación General II Hangar 5, Zona "C" Delegación Venustiano Carranza C.P. 15620, México, D.F., MÉXICO 3. Magnicharters continues to be a closely-held company that is equally owned by four brothers, with each owning 250 shares. All are Mexican citizens. Luis Fernando Bojorquez Maza Augusto Adolfo Bojorquez Maza Augusto Adolfo Bojorquez Maza, and Jose David Bojorquez Maza. GRUPO AEREO MONTERREY, S.A. DE C.V. APPLICATION FOR A FOREIGN AIR CARRIER PERMIT AND SUPPLEMENT TO APPLICATION FOR EXEMPTION PAGE 3 As in 2003, Messrs. Bojorquez continue to own in equal parts all, or substantially all, of three other Mexican companies that provide various services in connection with tour packages to Mexican vacation destinations. Magnitur, S.A. de C.V., handles tour packaging. Magnibus operates tour buses, and Magnicum arranges ground services. Some other individuals with Mexican citizenship have small ownership interests in Magnitur and Magnibus. None of the owners of Magnicharters hold any interest in any U.S. or foreign carriers or other aeronautical enterprises, directly or indirectly. 4. Magnicharters is operationally and financially qualified to perform the services for which authority is requested herein. As evidence thereof -(a) A copy of Magnicharters’ current Air Operator’s Certificate (“Certificado de Explotador de Servicios Aereos”), with an English translation, is attached in Exhibit 1. Magnicharters’ AOC is effective through October 1, 2012, and Magnicharters will obtain a timely renewal of its AOC pursuant to standard administrative procedures. The Mexican DGAC has issued authority to Magnicharters to operate domestic scheduled and charter flights and international charter flights. Copies of Magnicharters’ licence to operate worldwide non-scheduled (“no regular”) flights, issued October 2, 1995 (“Transporte Aereo Internacional” or “TAI”) and its translation are included in Exhibit A to Magnicharters' Exemption Application. The TAI does not have an expiration date. GRUPO AEREO MONTERREY, S.A. DE C.V. APPLICATION FOR A FOREIGN AIR CARRIER PERMIT AND SUPPLEMENT TO APPLICATION FOR EXEMPTION PAGE 4 Attached in Exhibit 1 to this Permit Application is a copy of a letter from the DGAC dated June 8, 2010, that amends the TAI to authorize Magnicharters to add two aircraft to its fleet (b) Magnicharters plans to commence its U.S. operations in December 2011 with six weekly round trip flights from Mexico to Las Vegas, Nevada. Two round trip flights will originate in Mexico City, two in Monterrey, and two in Guadalajara. In April of 2012 Magnicharters expects to add six round-trip flights per week to Orlando, Florida. Two of these flights will originate in Mexico City, two in Monterrey, and two in Guadalajara. The charterer for these flights will be Magnitur, Magnicharters’ affiliated tour operator. (c) Magnicharters plans to use B737-300 aircraft for its U.S. operations, and the list below sets forth B737 aircraft in Magnicharters’ fleet. As its domestic and U.S. operations expand, Magnicharters will acquire additional aircraft that will be similar in size and capability to its present aircraft. A/C TYPE SERIAL NO REGISTRATION AIRCRAFT LESSOR B737-300 24537 XA-MAI Wells Fargo Bank Northwest, N.A. B737-300 24532 XA-UNL Bank of Utah, Owner Trustee B737-300 24248 XA-UNM Bank of Utah, Owner Trustee B737-300 23655 XA-MAA Bank of Utah, Owner Trustee B737-300 23232 XA-MAB Bank of Utah, Owner Trustee B737-277 22652 XA-MAD Wells Fargo Bank Northwest, N.A. B737-277 22648 XA-MAE Wells Fargo Bank Northwest, N.A. GRUPO AEREO MONTERREY, S.A. DE C.V. APPLICATION FOR A FOREIGN AIR CARRIER PERMIT AND SUPPLEMENT TO APPLICATION FOR EXEMPTION PAGE 5 The aircraft lessors -- two U.S. banks -- are U.S. citizens that are located at the following addresses: Wells Fargo Bank Northwest, N.A. 299 South Main Street, 12th Floor Salt Lake City, UT 84111 Bank of Utah 200 E. South Temple, Suite 210 Salt Lake City, UT 84111 (d) Magnicharters’ continues to perform its own maintenance program, which extends from line maintenance through C checks. Magnicharter’s maintenance program is approved by the Mexican DGAC and is based on Boeing’s recommended aircraft maintenance program. (e) Magnicharters continues to employ an established and well qualified management team. Mr. Gabriel Antonio Bojorquez Maza, one of the four owners of the company, continues to serve as the General Director (CEO) of Magnicharters. Mr. Bojorquez has 28 years of experience in tourism and air transportation. With his brothers, Mr. Bojorquez founded Magnitur, a Mexican tour operator, in 1984. In 1994 Magnicharters initiated air operations in order to meet the air transportation requirements of Magnitur, and Mr. Bojorquez has served as the General Director of Magnicharters since it began operations 17 years ago. Mr. Bojorquez’ business address is Magnicharters’ corporate address set forth in paragraph 1. The Finance Director (CFO) is Sergio Gomez Orta who has over 20 years of financial and accounting experience and a total of 30 years of corporate management experience. Mr. Gomez’ areas of responsibility include personnel management, GRUPO AEREO MONTERREY, S.A. DE C.V. APPLICATION FOR A FOREIGN AIR CARRIER PERMIT AND SUPPLEMENT TO APPLICATION FOR EXEMPTION PAGE 6 budgeting and cost control, and all accounting and auditing functions. Mr. Gomez’ business address is Magnicharters’ corporate address set forth in paragraph 1. Captain Jorge Luis Badia Muñoz continues to serve as the Operations Director (COO) of Magnicharters. Captain Badia has over 28 years of experience in aircraft operations. He received his pilot license from the Escuela Profesional de Aviacion in 1981. From 1983 to 1994 he held corporate pilot positions with Sindicato Petrolero, Osnisa, and Constructora Rague. In 1994 and 1995 he held positions as a B737 first officer and captain for SARO. In 1995 he joined Magnicharters as a B737 captain and was thereafter promoted to chief pilot, operations manager, and Director of Operations. Captain Badia’s business address is Magnicharters’ operations headquarters at Mexico City International Airport as set forth in paragraph 1. The Chief Pilot is Captain Rene Bautista Canche. Captain Bautista has 18 years of aviation experience, beginning with his aviation studies. He obtained his commercial pilot’s license in 1996, and since that time he has served as the First Officer and Second Officer on B727-200 aircraft and as the First Officer on B737-200/300 aircraft. He joined Magnicharters in 2008 and was promoted to Chief Pilot in 2011. Captain Bautista’s business address is Magnicharters’ operations headquarters at Mexico City International Airport as set forth in paragraph 1. Mr. Alejandro Martinez Espejel has served as Magnicharters’ Maintenance Director since June of 2008. Mr. Martinez has 18 years of aviation experience in various companies, including three years in the Programming and Engineering area of the GRUPO AEREO MONTERREY, S.A. DE C.V. APPLICATION FOR A FOREIGN AIR CARRIER PERMIT AND SUPPLEMENT TO APPLICATION FOR EXEMPTION PAGE 7 Executive Aviation Division of TAESA. From 1997 to 1999 he held positions as Chief of Programming and Control and Structure Engineer for Magnicharters. In addition he was Engineering Manager of the Year 1999. Mr. Martinez holds a Professional Certificate in Aeronautical Engineering and has completed numerous specialized courses in such areas as human factors and airframe and engine maintenance for B727-200 and B737-300 aircraft. Mr. Martinez’ business address is Magnicharters’ operations headquarters at Mexico City International Airport as set forth in paragraph 1. The Quality Control Manager/Chief Inspector, for Magnicharters is Jorge Cabrera Albo. Mr. Cabrera received a degree in aeronautical engineering in 1993. From 1994 to 2000 he worked for TAESA, where his principal position was Charter Flights Coordinator. From 2000 to 2007 Mr. Cabrera held quality control positions with Aeromexico and Azteca, and from 2007 to 2010 he worked as the Airport Manager for VivaAerobus in Monterrey. Mr. Cabrera joined Magnicharters in May of 2010. As Magnicharters’ Quality Control Manager, Mr. Cabrera is responsible for the Engineering and Reliability Monitoring Department. Mr. Cabrera’s business address is Magnicharters’ operations headquarters at Mexico City International Airport as set forth in paragraph 1 above. Each of the key persons named above resides in Mexico and is a citizen of Mexico. None are related by blood or marriage. (f) Magnicharters has conducted successful air carrier operations since 1994 and has the capital to conduct and sustain its proposed operations to the United States. GRUPO AEREO MONTERREY, S.A. DE C.V. APPLICATION FOR A FOREIGN AIR CARRIER PERMIT AND SUPPLEMENT TO APPLICATION FOR EXEMPTION PAGE 8 Magnicharters's financial statements as of December 31, 2009, December 31, 2010, and for the first half of 2011 are provided in Exhibit 2.. Magnicharters’ financial statements are being submitted pursuant to a separate Motion for Confidential Treatment due to their confidential and proprietary nature. (g) A copy of OST Form 6411, Foreign Air Carriers Certificate of Insurance, certifying Magnicharters compliance with the liability insurance requirements of 14 C.F.R. Part 205, is attached as Exhibit 3. Magnicharters will also file a copy of the Form 6411 with the FAA pursuant to the filing requirements of Part 205. (h) Magnicharters has not been involved in any safety violations, tariff violations, or fatal accidents since its founding in 1994. (i) Magnicharters does not have any agreements or cooperative working agreements with any U.S. or foreign air carrier that affect its proposed services. (j) Magnicharters filed OST Form 4523 (Waiver of liability limits under the Warsaw Convention) in Docket DOT-OST-1995-236 on October 9, 2003. (k) Pursuant to 14 C.F.R. §313.5(a), Magnicharters hereby states that its service under the authority requested in its Applications in this docket will not cause a near-term net annual change in aircraft fuel consumption of 10 million gallons or more. Approval of this Application will not therefore constitute a major regulatory action that requires an energy statement under Part 313 of the Department's Procedural Regulations. GRUPO AEREO MONTERREY, S.A. DE C.V. APPLICATION FOR A FOREIGN AIR CARRIER PERMIT AND SUPPLEMENT TO APPLICATION FOR EXEMPTION 5. PAGE 9 Magnicharters’ proposed U.S. services are in the public interest. Magnicharters' operations will primarily carry tourists from Mexico to destinations in the United States, thereby fostering commerce between the two countries. The United States and Mexico maintain a positive aviation relationship, and the charter services that Magnicharters intends to operate between Mexico and the United States are authorized by Annex II, “Charter Services,” to the Air Transport Agreement between the United States and Mexico. WHEREFORE, based on the foregoing information and the information set forth in its initial Application for an Exemption filed in this Docket, Magnicharters respectfully requests that the Department issue a foreign air carrier permit and an exemption to Grupo Aereo Monterrey, S.A. de C.V., d/b/a Magnicharters, in order to operate charter foreign air transportation of passengers between points in the United States and points in Mexico and to operate other passenger charter operations in accordance with 14 C.F.R. Part 212. Magnicharters also seeks such other relief as may be in the public interest. Respectfully submitted, ROLLER & BAUER, PLLC Counsel for Grupo Aereo Monterrey, S.A. de C.V. By: August 16, 2011 ________________________ Moffett B. Roller MAGNICHARTERS EXHIBIT 1 AIR OPERATOR’S CERTIFICATE and LETTER DATED JUNE 8, 2010 AMENDING INTERNATIONAL CHARTER PERMIT (TAI) WITH ENGLISH TRANSLATIONS This document certifies that: GRUPO AEREO MONTERREY, S.A. DE C.V. Located at: DONATO GUERRA #9 COL. JUÁREZ DEL. CUAUHTEMOC CP 06600 MÉXICO, D.F. has complied with the current and corresponding requirements established in the Civil Aviation Law, its Rules and Official Mexican Norms of the United States of Mexico and those applicable dispositions, for this reason this issued Certificate authorizes Commercial Air Transport Operations to perform in conformity with such Law, Rules, Official Mexican Norms and those applicable dispositions, as well as with the Terms, Conditions and Limitations within the operational specifications attached to this document. This Certificate is nontransferable and unless relinquished by holder, or it is suspended, or revoked or cancelled, it shall remain current through the indicated date, and in such the case the conditions and requirements used as a basis for the granted certificate not kept current, will become invalid. GENERAL DIRECTOR OF CIVIL AVIATION /S/ _______________________________ LIC. HÉCTOR GONZÁLEZ WEEKS. ASST. GENERAL DIRECTOR OF AVIATION /S/ _______________________________ ING. JOSÉ GABRIEL TORT FLORES. Issue date: 24 - September - 2010 Effective Date: 1 – October 2010 Expiration Date: 1 – October – 2012 Any modification of limitations and changes to the holder data should be submitted to the General Director of Civil Aviation. Any alteration to this certificate without the written consent of the Director General of Civil Aviation will be sanctioned in accordance to the established Civil Aviation Law. DIRECTOR GENERAL OF CIVIL AVIATION ASSISTANT DIRECTOR OF TRANSPORTATION AND AERONAUTICAL CONTROL SUB-DIRECTOR OF CHARTER FLIGHT 4.1.102.310.1332 “2010, Year of the Nation, Bicentennial of the Initiation of the Independence and Centennial of the Initiation of the Mexican Revolution” SUBJECT: Amendment, Permit No. 102.419.2175 dated 2 October, 1995, Non Scheduled International Passenger Air Operator. MEXICAN OPERATOR Mexico, D.F., June 8, 2010 GRUPO AEREO MONTERREY, S.A. DE C.V. A/C SUSANA HERNANDEZ YANEZ MEXICO CITY INT’L AIRPORT GENERAL AVIATION TERMINAL HANGAR 5 ZONA “C” C.P. 15620 MEXICO, D.F. We acknowledge receipt of your letter dated June 4, 2010 requesting permission to operate and the addition of two BOEING 737 aircraft (XA-UNL and XA-UNM) to the company’s current permit to conduct operations as a Non Scheduled International Passenger Air Operator (Mexican operator), granted by document 102.419.2175 dated 2 October, 1995. Please note that pursuant to articles 3 paragraphs III, IV, 16, 48, 51 of the Transportation and Communication Law, article 6 paragraph II, article 11 paragraphs III, article 32 Civil Aviation Law, articles 1, 20, 28, 64, 67 of the Civil Aviation Law regarding its article 21 paragraph VI of the Transportation and Communication Internal Ruling, this office made a determination to add the aforementioned aircraft to the company’s current fleet, and authorize their operations by amending the company’s permit in its clause V as follows: V.- The following aircraft are authorized to operate as part of the company’s fleet: BOEING 737 BOEING 737 BOEING 737 BOEING 737 XA-MAE XA-MAA XA-MAB XA-UNM BOEING 737 BOEING 737 BOEING 737 XA-MAD XA-MAI XA-UNL All other provisions in permit No. 102.419.2175 dated 2 October, 1995 remain effective. DIRECTOR GENERAL OF CIVIL AVIATION ASSISTANT DIRECTOR OF TRANSPORTATION AND AERONAUTICAL CONTROL SUB-DIRECTOR OF CHARTER FLIGHT 4.1.102.310.1332 -2- As a result of this amendment and pursuant to the Federal Duties Law, articles 159 paragraph II and 153 paragraph IX the company must pay duties in the amount of $3,133.00 (THREE THOUSAND ONE HUNDRED THIRTY THREE AND 00/100 N.C.) and in the amount of $501.00 (FIVE HUNDRED ONE AND 00/100 N.C.). GRUPO AEREO MONTERREY, S.A. DE C.V. must carry this amendment in its aircraft at all times. This document must be available to the Aeronautical Authorities of all international airports used by Grupo Aereo Monterrey to depart to or arrive in Mexican territory. SINCERELY ELECTED. NO REELECTION DIRECTOR GENERAL OF CIVIL AVIATION LIC. HECTOR GONZALEZ WEEKS ASSISTANT DIRECTOR GENERAL TRANPORTATION AND AERONAUTICAL CONTROL LIC. FERNANDO SILVA JIMENEZ EMYM*CJDP c.c.p. c.c.p. c.c.p. c.c.p. c.c.p. c.c.p. Director General - Present Director of Aviation - Present Assistant Director of Air Safety - Present Director of Strategic Development - Present Departmento of Financial Resources - Present Office of Insurance and Bonds - D.G.A.C. - Present DGAC-PE-03-DTF2-FE-10 MAGNICHARTERS EXHIBIT 2 FINANCIAL STATEMENTS Submitted pursuant to a concurrent Motion for Confidential Treatment filed in Docket DOT-OST-2003-16308 on August 16, 2011. MAGNICHARTERS EXHIBIT 3 FOREIGN AIR CARRIERS CERTIFICATE OF INSURANCE OST FORM 6411 e Office of dee Socretary of Transportaban AGENCY DISPLAY OF ElITIMATED MINDEN The oublic, reportero 4n/en kr en callection or mfomealion a entineIsd lo Avene 30 ~es per response. II pu wiiMi 10 ~men, on the acanece af !he estáhate or maks apueste" for redacIng tí* burtlea, pisa dad >en cofnmenfs to' U.S. Depanmen1 of Tranaponeeee, Office of A planan Antele, X36, 400 r Sr., SW.., WW911910n. D.C. 20550. AC07019 10 be Pepensork Reduction Aa d t995. no persona are raquead to reepand to e collection of Information unas fl ~ TI • 10•82 OMS caneo; ~bel. NOTE: AX 111100114111 on Mere io Me ~Med copies of 04 keens tea 28,24423~tatesav. 04118 No. 21 FOFtEIGN MR CARRIERS • CER11FICATE OF INSURANCE POLICIES OF.D4WRANCE FOR AIRCRAFT ACCIDENT BODILY AND PROPERTY DAMAGE UADILITY Kan' autrangolata MI a sbned oeigInel of MI tome ve% me Federad Aviaban AdrrilribtrniOn, Al Tiltrill430411000 Ole„ AFS 800 inewendenee Ave., Sw., Washinglan, DC 20991. (Sst EXCEPTON tarlow.) ile025711 O Seítion 2k 1 Med e Pece ¡se tito insured a a Ceneelfen Chofer Ak Taxi Operar«. Me en onpinN of Mi forra net the LIS. Derment of Trentoorletion, Special Authceeties -liman 9448), me r sbeet, 8W, Pi ssfencnon. D.C. 20590 (Pisase live friformalion, except signalunks.) TH1$ CERTIFtE8 THAT: GRUPO MEXICANO tra s DE SEGUROS SA DE CV (Neme of Mayer) issued a policy or pollche of Alrcraft LiablIlly Insurence to Grupo Aerto Monterrey S.A. de C.V. Calle La Barranca Numera 721, Col. Mitras Sur FM Cerbfkate Number Pene, addes* re FM Certheate nurnber of lauree Raer Ahr Canon . effective from November 15, 2010 unbl ten (10) deys aliar vnitten nabos from the insular or carnero/ the irrtent lo terminate coverage is recobro(' by the OepartmeM of Trallsportation. b NOTE: Pan 205 of the Department- a Regutabons does non aovo for a predetermined tenninetton date, and a chicote Semi% si» a date is unaeceptabe 1 • The insurer ~l: te liceos«) No bah aircraft inflarte polioles in (he United Sietes; ie licensed or approved by the goveminent of Modos is en approved surplue fine lauree In the Siete(*) of O to int* aircrefl insunince Mein, or 2. The ~rey assumes, trade/ the policy or boliche listed beim, serenare acddenl Emmy Insured to minenums at les «mal lo the following during °penaron, ~enanco, or use of airase In 'Suelen a transechation" es Met barril la deened in 49 U.S.C. 40102. (Canicie applitable secbon A. a Of C bOpirr): A. CANAOtAN CHARTER AIR TAXeOPEFtATORS WITH PART 284 AUTHORITY ONLY The giman covered by lis policy have: (1) 30 or fu'« pessenger wats and a enestreurn paylood capacite of 7,500 poundsor lose; andar (2) a MéLdfnUrn sumaria takeoff vreight on wheets of no more flan 35,000 rounds. Celogjaagaguggekeet ighsent02821182828441, Separare Coverages: Atm No. Aéry111Urrir This of Qatalb Fach ornen Ead rkrinsnew Combined MUY Mimé, ~men Passengers eller han cargo allanarte ano Pn:perty Darnage Uablky Pesanger Hardy 1njury $75.000 $75p00 52,000,000s(Cee ~N $75000 x 79%01 total (amber of passenger teste installed Ni akenrft Combinad Coverage: Thís COribirled coverne is a single limit of Salairty for each occunence et least aquel te (he required minknums hatea aboye for tcheley injury (excludIng passengers), property amago, and paseana« boa/ irliury. ArnounI of Coverege U.S. DOMES Poficy No. hila polfey covers CARGO openehns only and enlodes bullanga, liability insurance. NOTE: If The sem* coserme by No poky have more than 30 passenger leal or mete han a mnaldnitrtt payload tapa . r of 7,500 pamela the nenlmum llmit per occurrence abad be $20,0003700. OST Tonn 6411 B. FORMO* AIR CARRIERS OPERATING SMALL AIRCRAFT The reabran cerrad by lit pelle, a* WALL AlftCRAFT (le., *eh 60 or fess paneros, acato or wAh a maslnwm peyload 0218ercaY of 18,000 Pou nds Or leo). (Coleolete ~vate nrc~ conatos as anorootiefe Sepaele Coverages Unte Poricv No Tyne onlablev Each Anon Ese) Orasnence ComOined Boebiy Ireury (Exciuding Passengen ah« p ean cargo atiendan%) and Property Demage Liabiliy $300000 $300,030 Paseenger &My Injury 52,000030 $300,000 x 75% of total menhir of piasen« ante inflad in dm. O Poacy No This comblned Gafen, la e aigb imit of hateley fa es* ocaorence al leed equd tO die tintina) for bodiy InIury (eto:ladina patmeners), property demaged. and passenger bot lY injury. Amauta of Coveraoe U.S. Doler* This policy coger, CARGO operalions °My and anatudes passenper liataty insurance. C. FOREIGtI MR CARRIERS OPEIMTNIG LARGE AIRCRAFT The aruafi covered by ibis pobcy are LARGE AIRCRAFT with more Men 80 panano« wats or with e marnwn poryloal capean of more Man 18.000 pounda). (Cona:Mete seDanste or ~hired coverace ea aDome~: Separata Covereges: Poen, pio. Den o' Moka= So? 0°1 Derson Combinad 1301111y mAay (Ex 409 Pastoreen other unan carpo ettendants) sial Properly trape Uatiely Pesearger t3odly lepty $300,000 5300000 East flotarynat__ $20.000,030 $350,003 x 75% of total mimbrar pessenoar secta dist/fiord an akaaft Combined Corone: This corobineci coverage s e single Vol o/ IiabLty for sed) ocoxrenoe at *sed °quid lo the requred niki/mima Sed aboy o for boally InJury (exclutlinO paseengers), property damnar& and paranger bodlly Inbry. Poitcy No. MO COM3113151 Amount of Coverege 300•000.000 U.S. Odiare This poNcy cogen CARGO operaban only and 3. The policy or rondes fisted F Chis cerniste insure(s) eXClude3 Peale ntir INNNYI88881808. ~3k ase): MS and Modal FM or Forsign Flag Reelatreeptek) Openroons coartad Mili el sanan ~Med by els infirred °perdone oortducted Mit the following tyces of eircralt: Operations with the toliowing aircrafl: (un asta pava x ssoinsivl o SEE ATTACHED 4. Eech poiicy Usted In Ibis cerbecate rneetS or exceeds the regtárements in 14 CFR Pan 205. Sterilno Re Interrnedletio de Resentir°, S.A. de C.V. Grupo Mexicano de Seamos S.A. de C.V Nao» or luan (Nano al errde, rappfcable) Insurgentes Sur 1898, Piso 19 Av. Insumo/3es Sur 1005, Pisos 19 y 25 (Actas* maseati Col. Florida, México D.F. 01030 Ply, Sta .4:1 0:401 Alejandro Mannez Rivera (05forror 52 65 8503 6711 6791 Ataban Atioust 12, 2011 (Ole) FOREIGN AIR CARRIERS - CERTIFICATE OF INSURANC E (SCHEDULE OF AIRCRAFT ) ITEM 1 2 3 4 5 6 7 8 MAKE AND MODEL BOEING B-737-B377 BOEING B-737-B301 BOEIN G B-277-ADV BOEIN G B-277-ADV BOEING B-737-B322 BOEING B-737-8322 BOEING B-737-B322 BOEING B-737-B322 REGISTRATION NUMBER XA-MAA XA-MAB XA-MAD XA-MAE XA-MAI XA-UNL XA-UNM XA-UNY CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Application of Grupo Aereo Monterrey, S.A. de C.V., d/b/a Magnicharters, for a Foreign Air Carrier Permit and Supplement to Application for an Exemption was served today by email upon the parties on the following Service List. ________________________________ Moffett Roller August 16, 2011 Carl B. Nelson, Jr. Associate General Counsel AMERICAN AIRLINES [email protected] Benjamin Slocum Assistant General Counsel US AIRWAYS [email protected] Hershel Kamen Vice President – International, Regulatory and Policy CONTINENTAL AIRLINES [email protected] Marshall S. Sinick Counsel for ALASKA AIRLINES [email protected] Jeffrey A. Manley Senior Regulatory Advisor UNITED AIR LINES [email protected] Alexander Van der Bellen Managing Director – Government Affairs & Assoc. General Counsel DELTA AIR LINES, INC. [email protected] Joanne W. Young Counsel for SPIRIT AIRLINES [email protected] Ms. Kris Urs U.S. Department of State [email protected] John Allen Federal Aviation Administration [email protected]