BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

ABC AEROLÍNEAS, S.A. de C.V.

d/b/a/ INTERJET

for Exemption from 49 U.S.C. § 41301 to

engage in Scheduled Foreign Air Transportation

of Persons, Property, and Mail (U.S./Mexico)

Docket DOT-OST-2011-0159

APPLICATION OF

ABC AEROLÍNEAS, S.A. de C.V., d/b/a INTERJET

FOR EXEMPTION

Communications concerning this document may be served upon:

Moffett B. Roller

ROLLER & BAUER, PLLC

Washington Dulles International Airport

45005 Aviation Drive, Suite 200

Dulles, VA 20166

Washington, D.C. 20036-6101

Tel: 202-331-3300

Fax: 202-331-3322

Email: mroller@rollerbauer.com

Counsel for

ABC Aerolíneas, S.A. de C.V., d/b/a Interjet

March 11, 2015
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

ABC AEROLÍNEAS, S.A. de C.V.

d/b/a/ INTERJET

for Exemption from 49 U.S.C. § 41301 to

engage in Scheduled Foreign Air Transportation

of Persons, Property, and Mail (U.S./Mexico)

Docket DOT-OST-2011-0159

APPLICATION OF

ABC AEROLÍNEAS, S.A. de C.V., d/b/a INTERJET

FOR EXEMPTION

Pursuant to 49 U.S.C. § 40109, ABC Aerolíneas, S.A. de C.V., d/b/a

Interjet, hereby applies for an exemption from 49 U.S.C. § 41301 to engage in

scheduled foreign air transportation of persons, property, and mail on the

following routes: (1) Mexico City - San Antonio, (2) Mexico City - New York, and

(3) Mexico City - Miami.

The Department first granted Interjet an exemption to operate on these

routes by a Notice of Action Taken in this docket on August 31, 2011. The

exemption was last renewed by a Notice of Action Taken on March 5, 2014.

This authority unintentionally lapsed on March 5, 2015, and this Application

seeks its reinstatement on an expedited basis. Interjet seeks this exemption on

the same grounds of comity and reciprocity, and subject to the same terms and

conditions, as the authority originally granted in this docket.

This exemption is necessary to enable Interjet to provide service on these

three routes that were served by Mexicana until Mexicana ceased operations in
Application of ABC Aerolíneas, S.A. de C.V., Page 2

d/b/a Interjet, for Exemption

2010 due to bankruptcy. Although the Government of Mexico has not formally

reassigned Mexicana’s designations on these routes to Interjet due to limitations

arising from Mexicana’s bankruptcy proceedings, the Department issued Interjet

an exemption to operate on these routes on the basis of comity and reciprocity,

subject to the condition that Mexicana does not resume operations on them.

The DGAC of Mexico has issued authorizations with indefinite

effectiveness for Interjet to operate on the Mexico City-San Antonio, Mexico-CityMiami, and Mexico City-New York city-pairs. See Exhibit 1 to Interjet’s

Application for Renewal of its Exemption, filed in this docket on September 25,

2013, which is hereby incorporated by reference.

The conditional substitution of Interjet for Mexicana gives effect to the

intent of the current Air Transport Agreement between the United States and

Mexico by allowing two Mexican air carriers to operate on each of the three

routes, as contemplated by the Agreement. Renewal of the exemption will not

provide Mexican carriers with any advantage over U.S. carriers. Renewal will

Instead serve the public interest by maintaining increased capacity and

competition on the three routes from Mexico City to San Antonio, New York, and

Miami.

This Application raises no environmental or energy issues. Interjet’s

aircraft meet all applicable noise requirements, and approval of this Application

will not result in a near-term increase in fuel consumption of ten million gallons or

more.
Application of ABC Aerolíneas, S.A. de C.V., Page 3

d/b/a Interjet, for Exemption

Conclusion

For the foregoing reasons, the Department of Transportation should issue

an exemption from 49 U.S.C. § 41301 to ABC Aerolíneas, S.A. de C.V., d/b/a

Interjet, for a period of at least one year in order to engage in scheduled foreign

air transportation of persons, property, and mail between: 1) Mexico City,

Mexico, and San Antonio, Texas, 2) Mexico City, Mexico, and Miami, Florida,

and 3) Mexico City, Mexico, and New York, New York, as set forth above.

Interjet requests approval of this Application on an expedited basis.

Respectfully submitted,

Roller & Bauer, PLLC

Attorneys for

ABC Aerolíneas, S.A. de C.V., d/b/a Interjet

By: ______________________________

Moffett B. Roller

March 11, 2015
CERTIFICATE OF SERVICE

I hereby certify that on this 11th day of March, 2015, I served a copy of the

foregoing Application for Exemption by email upon the parties listed below.

________________

Moffett B. Roller

Howard Kass American Airlines howard.kass@aa.com

Daniel A. Weiss United Air Lines dan.weiss@united.com

Sascha Van der Bellen Delta Air Lines sascha.vanderbellen@delta.com

Robert Kneisley

Leslie Abbott Southwest Airways bob.kneisley@wnco.com

leslie.abbott@wnco.com

Stephen Cristina US State Department cristinasa@state.gov

John Duncan FAA Flight Standards john.s.duncan@faa.gov