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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

U.S.-Mexico Procedures for U.S. Carriers

(MEXICO PROCEDURAL DOCKET)

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Docket DOT-OST-2011-0076

Application of

MESA AIRLINES, INC.

for an exemption under 49 U.S.C. § 40109

(Phoenix, Arizona – Mazatlan, Mexico)

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Docket DOT-OST-2003-16529

MOTION OF MESA AIRLINES, INC.

FOR TEMPORARY WAIVER OF DORMANCY CONDITIONS

Communications with respect to this document should be addressed to:

Christopher J. Pappaioanou

V.P. Legal Affairs

Mesa Air Group, Inc.

410 North 44th Street, Suite 700

Phoenix, AZ 85008

TEL: 602-685-4000

FAX: 602-685-4350

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

+1 202 637 4999/5659

robert.cohn@hoganlovells.com

patrick.rizzi@hoganlovells.com

Counsel for

MESA AIRLINES, INC.

May 13, 2013

NOTE: Mesa will be polling on this Motion and will provide the results of

that polling to the Department as soon as it is completed.
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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

U.S.-Mexico Procedures for U.S. Carriers

(MEXICO PROCEDURAL DOCKET)

)

)

)

)

)

)

Docket DOT-OST-2011-0076

Application of

MESA AIRLINES, INC.

for an exemption under 49 U.S.C. § 40109

(Phoenix, Arizona – Mazatlan, Mexico)

)

)

)

)

)

)

)

Docket DOT-OST-2003-16529

May 13, 2013

MOTION OF MESA AIRLINES, INC.

FOR TEMPORARY WAIVER OF DORMANCY CONDITIONS

Pursuant to DOT Order 2012-1-30 in the Mexico Procedural Docket, Mesa

Airlines, Inc. (“Mesa”) hereby moves the Department for a temporary waiver of

the dormancy period attached to Mesa’s exemption authority to operate

scheduled foreign air transportation of persons, property, and mail between

Phoenix, Arizona (“PHX”) and Mazatlan (“MZT”), Mexico. Mesa will poll

regarding this motion and report the polling results to the Department as soon as

possible.

1. By Notice of Action Taken, dated August 9, 2011, in Docket DOTOST-2003-16529, the Department granted exemption authority to Mesa to

operate scheduled service between Phoenix, Arizona, and Mazatlan, Mexico.
Motion of Mesa Airlines, Inc.

Page 2

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2. The current dormancy period expires before Mesa is scheduled to

recommence nonstop service between Phoenix and Mazatlan on May 25, 2013.

Accordingly, Mesa is requesting this temporary waiver of the dormancy period in

order to bridge the gap between the end of the dormancy period and the

restarting of its PHX-MZT service later this month.

3. The Department has granted dormancy waivers in cases involving

other carriers in other transborder U.S.–Mexico routes. See, e.g., Notice of

Action Taken, October 17, 2000 (Docket DOT-OST-2000-6911).

4. As previously recognized by the Department, Mesa is fully qualified

to provide air transportation between PHX and MZT, and its scheduled PHXMZT service is fully consistent with the Air Transport Agreement between the

United States and Mexico. See Notice of Action Taken, August 9, 2011 (Docket

DOT-OST-2003-16529). Moreover, this scheduled service will benefit consumers

by enabling Mesa, operating as US Airways Express, to enhance competitive

transborder service offerings to Mazatlan.
Motion of Mesa Airlines, Inc.

Page 3

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WHEREFORE, Mesa respectfully requests that the Department promptly

grant Mesa’s motion for a temporary dormancy waiver with respect to its

exemption authority to engage in scheduled foreign air transportation of persons,

property, and mail between Phoenix, Arizona, and Mazatlan, Mexico.

Respectfully submitted,

______________________________________

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

555 Thirteenth Street, NW

Washington, DC 20004

+1 202 637 4999/5659

Counsel for

MESA AIRLINES, INC.
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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion of Mesa Airlines, Inc. for

Temporary Waiver of Dormancy Conditions has been served this 13th day of May

2013, upon each of the following addresses:

bob.kneisley@wnco.com; marshall.sinick@squiresanders.com;

robert.wirick@aa.com; francis.heil@aa.com; sascha.vanderbellen@delta.com;

sametta.c.barnett@delta.com; jhill@dowlohnes.com; jyoung@yklaw.com;

dkirstein@yklaw.com; john.fredericksen@suncountry.com;

dan.weiss@united.com; howard_kass@usairways.com;

barbara.russell@virginamerica.com; brian.hedberg@dot.gov;

esta.rosenberg@dot.gov; brett.kruger@dot.gov; urskr@state.gov;

info@airlineinfo.com

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