BEFORE THE

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

Application of ) 

 ) 

ALASKA AIRLINES, INC. ) Docket DOT-OST-2010- _______

 ) 

for an exemption pursuant to 49 U.S.C. 40109 ) 

(San Jose-Los Cabos) ) 

 ) 

APPLICATION FOR EXEMPTION

Communications with respect to this document should be addressed to: 

Kyle Levine, Esq. Marshall S. Sinick, Esq. 

Associate General Counsel, Squire, Sanders & Dempsey L.L.P. 

 Commercial Law and Litigation 1201 Pennsylvania Avenue, N.W. 

Alaska Airlines, Inc. Washington, D.C. 20004 

19300 International Boulevard (202) 626-6651 

Seattle, Washington 98188 msinick@ssd.com

Megan Lawrence, Esq. Counsel to Alaska Airlines, Inc. 

Managing Director, Government Affairs 

 and Community Relations 

Alaska Airlines, Inc. 

19300 International Boulevard 

Seattle, Washington 98188 

DATED: July 29, 2010 
BEFORE THE

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

Application of ) 

 ) 

ALASKA AIRLINES, INC. ) Docket DOT-OST-2010- _______

 ) 

for an exemption pursuant to 49 U.S.C. 40109 ) 

(San Jose-Los Cabos) ) 

 ) 

APPLICATION FOR EXEMPTION

 Pursuant to 49 U.S.C. 40109, 14 C.F.R. 302 and the Economic and Procedural 

Regulations of the Department of Transportation (the “Department”), Alaska Airlines, Inc. 

(“Alaska”) hereby requests an exemption from 49 U.S.C. 41101 and, to the extent 

necessary, from the Department’s regulations to permit Alaska to engage in the scheduled 

year round foreign air transportation of persons, property and mail between San Jose, 

California, and Los Cabos (San Jose del Cabo), Mexico. Alaska requests that this 

exemption be granted for at least a two-year period. Alaska intends to begin service on this 

route on November 20, 2010, and requests prompt approval so that marketing and selling 

can begin without delay. 

 In further support of its exemption request, Alaska states as follows: 

 1. Alaska’s principal headquarters are located at 19300 International 

Boulevard, Seattle, Washington. Alaska is incorporated under the laws of the State of 
Application of Alaska Airlines, Inc. 

Docket DOT-OST-2010-____ 

July 29, 2010 

2

Alaska and is a wholly-owned subsidiary of Alaska Air Group, Inc. (“AAG”). AAG is 

incorporated under the laws of the State of Delaware. 

 2. Alaska is a citizen of the United States within the meaning of 49 U.S.C. 

40102(a)(15). The president and at least two-thirds of Alaska’s directors and other 

managing officers are U.S. citizens. Additionally, to Alaska’s knowledge, U.S. citizens 

hold at least seventy-five percent of Alaska’s voting stock. 

 3. Alaska has repeatedly been found fit, willing and able to provide interstate 

and foreign air transportation. The Department is requested to take official notice of 

Alaska’s continuing fitness. See, e.g., Order 00-5-31. 

 4. Alaska will operate year round service between San Jose and Los Cabos 

(San Jose del Cabo) beginning November 20, 2010. Initial plans call for the operation of 

three weekly roundtrip flights utilizing B737-800 or B737-700 aircraft seating up to 160 

passengers. Alaska’s proposed schedule is attached to this application as Exhibit A. 

 5. On December 12, 2005, the United States and Mexico signed an 

amendment to the Air Transport Agreement of August 15, 1960, broadening air transport 

services between the two countries and permitting designated U.S. carriers to operate 

from “a point or points in the United States to a point or points in Mexico.”1

 

Additionally, the December 2005 agreement permits the United States to designate up to 

three carriers to serve Los Cabos (San Jose del Cabo) from any U.S. point. The route 

covered by this application is clearly within the scope of the amendments to the Air 

Transport Agreement and Alaska believes sufficient designations are available for its 

proposed service. All public interest considerations are therefore satisfied. 
Application of Alaska Airlines, Inc. 

Docket DOT-OST-2010-____ 

July 29, 2010 

3

 6. Alaska submits that its application raises no environmental or energy 

issues. Alaska’s flights will be operated with aircraft that meet all applicable noise 

abatement requirements. Nor will approval of this application result in an increase in fuel 

consumption of ten million gallons or more.

WHEREFORE, Alaska Airlines, Inc. respectfully requests that the Department 

of Transportation grant Alaska exemption authority for two years to operate scheduled 

service in foreign air transportation as more fully described herein, or such other relief as 

the Department deems necessary and appropriate. 

 Respectfully submitted, 

 ____________________________ 

 Marshall S. Sinick, Esq. 

 Squire, Sanders & Dempsey L.L.P. 

 1201 Pennsylvania Avenue, NW 

 Washington, D.C. 20004 

 Phone: (202) 626-6651 

 Msinick@ssd.com

 

 Counsel to Alaska Airlines, Inc. 

DATED: July 29, 2010

 1

 Annex I(A)1(a) 
Exhibit A 

Alaska Airlines, Inc.

Proposed Year Round Schedule 

 Dep Arr Type Seats Days of Operation Effective Fuel (gals)

 

SJC-SJD 1030 1430 

737-800/ 

737-700 160 

Wednesday, 

Saturday, Sunday 11/20/2010 2,700/2,400 

 

SJD-SJC 1520 1735 

737-800/ 

737-700 160 

Wednesday, 

Saturday, Sunday 11/20/2010 2,700/2,400 

 
CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoing Application for Exemption has this 

day been served on each of the following individuals via e-mail.

 ________________________ 

 Marshall S. Sinick, Esq. 

DATED: July 29, 2010 

hkamen@coair.com; dan.weiss@coair.com

sascha.vanderbellen@delta.com; sametta.c.barnett@delta.com; jeff.morgan@delta.com

jeffrey.manley@united.com

anbird@fedex.com

dvaughan@kelleydrye.com; dfisher@kelleydrye.com

efaberman@wrf.com

howard_kass@usairways.com

dkirstein@yklaw.com

jhill@dowlohnes.com

mlbenge@zsrlaw.com

pmurphy@lopmurphy.com

carl.nelson@aa.com

brian.gillman@mesa-air.com

Linda.lundell@dot.gov

esta.rosenberg@dot.gov

brian.hedberg@dot.gov