Flying Business Aviation Sa De Cv Estado De Posición Financiera Cifras En Pesos

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of FLYING BUSINESS AVIATION, S.A. DE C.V. Docket DOT-OST-2021-________ for an exemption from 49 U.S.C. § 41301 (U.S./Mexico Charter Air Transportation) APPLICATION OF FLYING BUSINESS AVIATION, S.A. DE C.V. FOR AN EXEMPTION Communications concerning this document may be served upon: Moffett B. Roller Charles M. Greene ROLLER & BAUER, PLLC Washington Dulles International Airport 44965 Aviation Drive; Suite 270 Dulles, VA 20166 Tel: 202-331-3300 Fax: 202-331-3322 E-mail: [email protected] [email protected] Attorneys for Flying Business Aviation, S.A. de C.V. July 22, 2021 NOTICE: Any person may support or oppose this Application by filing an Answer and serving a copy on the above attorneys and on each person served with this Application. The due date for answers is August 6, 2021. BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of FLYING BUSINESS AVIATION, S.A. DE C.V. Docket DOT-OST-2021-________ for an exemption from 49 U.S.C. § 41301 (U.S./Mexico Charter Air Transportation) APPLICATION OF FLYING BUSINESS AVIATION, S.A. DE C.V. FOR AN EXEMPTION Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department's Rules of Practice, Flying Business Aviation, S.A. de C.V., a Mexican air taxi, hereby requests an exemption from 49 U.S.C. § 41301 for a period of at least two years to authorize it to engage in charter foreign air transportation of passengers between Mexico and the United States and in other passenger charter operations in accordance with 14 CFR Part 212, using small aircraft. Flying Business Aviation requests the full scope of passenger charter rights available to Mexican air carriers under the provisions of the U.S.-Mexico Air Transport Agreement signed on December 18, 2015. Specifically, Flying Business Aviation seeks exemption authority to conduct passenger charter operations, using small aircraft, in foreign air transportation between any point or points in Mexico and any point or points in the U.S.; and from a point or points in Mexico, via an intermediate point or points, to any point or points in the U.S., and beyond, as mutually agreed in writing by the U.S. DOT and the former Mexican Dirección General de Aeronáutica Civil in Mexico APPLICATION FOR EXEMPTION PAGE 2 FLYING BUSINESS AVIATION, S.A. DE C.V. (“DGAC”), provided that such service constitutes part of a continuous operation, with or without a change of aircraft, that includes service to Mexico for the purpose of carrying local traffic between Mexico and the U.S. Flying Business Aviation also seeks authority to conduct other passenger charter operations to/from the U.S., such as seventh-freedom passenger charter operations, subject to the prior approval requirements set forth in 14 C.F.R. Part 212. Flying Business Aviation states as follows in support of this Application: 1. Flying Business Aviation was originally founded as an Aeronautical Consulting Company in 2016. In 2018, the company was approved as a Maintenance Service Center by the former DGAC. In 2019 AFAC issued Flying Business Aviation licenses to conduct both domestic and international operations (a “TAN” and a “TAI”, respectively). Flying Business Aviation’s corporate, operations, and mailing address is : Flying Business Aviation Aeropuerto Internacional de Toluca, Calle 2, Lote 19, Col. San Pedro Totoltepec C.P. 50226, Toluca, Estado de México MEXICO 2. The name and official address of the air transport authority in Mexico with regulatory jurisdiction over Flying Business Aviation is: Agencia Federal de Aviacion Civil (“AFAC”) Blvd. Adolfo López Mateos No. 1990 Col. Los Alpes Tlacopac, Deleg. Alvaro Obregón C.P. 01010, Mexico, D.F. MEXICO 3. As shown below, Flying Business Aviation is well-qualified to perform the air transportation services for which it requests authorization: APPLICATION FOR EXEMPTION PAGE 3 FLYING BUSINESS AVIATION, S.A. DE C.V. (a) A copy of Flying Business Aviation’s license to provide international non- scheduled ("no regular") passenger air taxi service (“TAI”) is attached as Exhibit A. (b) Flying Business Aviation estimates that it will operate approximately 60 round trips annually between Mexico and the United States with an average load of six passengers per flight. The majority of this traffic will originate in Mexico. (c) Flying Business Aviation owns and operates a BAE 125 Series 1000A aircraft configured with nine passenger seats (Mexican registration XA-LUC), which the company is in the process of adding to its Mexican authority. Flying Business Aviation has no immediate plans to add additional aircraft, but any future aircraft acquisitions would be comparable in size and configuration. (d) Flying Business Aviation maintains its aircraft in accordance with an AFAC- approved airworthiness program that complies with ICAO Annexes 1, 6 (Part I) and 7. (e) Each member of Flying Business Aviation’s experienced management team is a citizen and resident of Mexico. Francisco Ávila Cruz is the father of Eduardo Francisco Ávila Alvarez; none of the key personnel are otherwise related by blood or marriage. KEY PERSONNEL NAME POSITION EXPERIENCE Lic. Francisco Ávila Cruz has been General Director since 2018. Lic. Ávila graduated as Aeronautical Engineer from Francisco Ávila General ESIME U. Prof. Ticoman, México in 1989. He previously Cruz Director worked for BVG Viajes, Compañía Ejecutiva (FirstJet), SIASA (FlyMex), Alianze de Mexico, TAESA, Estrellas del Aire, and Aeronaves de Mexico. Cap. Ávila graduated from American Flyers Flight School Eduardo Director of in Dallas in 2015 and has 2,500 flight hours. He has operated Embraer aircraft such as the Legacy 600 and Francisco Ávila Operations & ERJ 145 in more than 40 countries, including transatlantic Alvarez Chief Pilot operations. Cap. Ávila also worked for FirstJet, TAR Airlines, and BVG Viajes. APPLICATION FOR EXEMPTION PAGE 4 FLYING BUSINESS AVIATION, S.A. DE C.V. NAME POSITION EXPERIENCE Ing. Uriel García has been the Director of Maintenance since 2018 and previously worked for BVG Viajes, Uriel García Engineering FirstJet, FlyMex, Magnicharters, IISSA, Interjet, and Solís Manager Consorcio AVIAXSA. Ing. García graduated as an Aeronautical Engineer from Instituto Politécnico Nacional de México in 2003. Ing. Jimenez graduated as a Transportation Engineer from Instituto Politécnico Nacional de México in 2005. Before joining Flying Business in January 2021, he José Ignacio Aviation worked for Inter MG (Autotransporte de Carga), FlyMex, Jimenez Lopez Safety Director Grupo Inversa Soluciones en Reciclaje y Manejo de Residuos S. de R.L. de C.V. (Reciclaje), and Servicios de Logistica y Transportacion S.A. de C.V. (Giro Transporte de Carga). Cap. Navarro obtained his private and commercial pilot training from American Flyers Flight School in Ardmore, Oklahoma. He has 9,300 flight hours, 2,000 of which he David Navarro Quality Control acquired on Boeing 757/767 aircraft. His extensive Contreras Manager experience includes Cessna Mexico, Comex, Latur; TAESA, Aeromextour , AeroPeru, Birgen Air (Turquia); Agroasemex Seguros, Aerosilza, FlyMex, Aeroservicios Platinum, Aereo GE, Aeromaan, FirstJet, and BVG Viajes. (f) Current financial information for Flying Business Aviation is provided in Exhibit B. (g) Flying Business Aviation is owned by the two shareholders listed below. Ownership of Flying Business Aviation, S.A. de C.V. SHAREHOLDER CITIZENSHIP ISSUED SHARES PERCENTAGE Francisco Ávila Cruz Mexican 60,000 60% Uriel García Solís Mexican 40,000 40% (h) Flying Business Aviation maintains a combined single limit of liability coverage that exceeds the requirements of 14 C.F.R. Part 205. A Certificate of Insurance (OST Form 6411) for Flying Business Aviation’s aircraft has been filed with the FAA. APPLICATION FOR EXEMPTION PAGE 5 FLYING BUSINESS AVIATION, S.A. DE C.V. (i) None of the Flying Business Aviation key personnel hold any interest, directly or indirectly, in any other aeronautical enterprise or common carrier. (j) Flying Business Aviation has not been involved in any safety or tariff violations or fatal accidents. (k) Flying Business Aviation does not have any agreements or cooperative working agreements with any U.S. or foreign air carrier affecting its proposed U.S. service. (l) Flying Business Aviation has executed OST Form 4523 (Waiver of Liability Limits under the Warsaw Convention) and filed a copy in Docket DOT-OST-1995-236. 4. The exemption authority that Flying Business Aviation is seeking is in the public interest since it is fully consistent with the liberalized Air Transport Agreement between the U.S. and Mexico. WHEREFORE, Flying Business Aviation, S.A. de C.V., respectfully requests exemption authority for a period of at least two years to engage in charter foreign air transportation of passengers between Mexico and the United States to the full extent of the Air Transport Agreement between the United States and Mexico and to engage in other passenger charter operations in accordance with 14 CFR Part 212, using small aircraft, and for such other relief as may be in the public interest. Respectfully submitted, ______________________ Moffett B. Roller Charles M. Greene ROLLER & BAUER, PLLC Attorneys for Flying Business Aviation, S.A. de C.V. July 22, 2021 APPLICATION FOR EXEMPTION EXHIBIT A FLYING BUSINESS AVIATION, S.A. DE C.V. MEXICAN INTERNATIONAL LICENSE (TAI) AS ISSUED IN SPANISH WITH ENGLISH TRANSLATIONS APPLICATION FOR EXEMPTION EXHIBIT B FLYING BUSINESS AVIATION, S.A. DE C.V. FINANCIAL STATEMENTS

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