354195/1/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CEBU AIR, INC. D/B/A CEBU PACIFIC AIR ) Docket DOT-OST-2012-0176

)

for an exemption from 49 U.S.C. §41301 )

)

APPLICATION FOR AMENDMENT OF EXEMPTION

Communications with respect to this document should be addressed to:

Charles F. Donley II

Squire Sanders (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(202) 626-6840 phone

(202) 626-6780 fax

charles.donley@squiresanders.com

Counsel to Cebu Air, Inc. d/b/a Cebu Pacific

Air

DATED: April 14, 2013
354195/1/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CEBU AIR, INC. D/B/A CEBU PACIFIC AIR ) Docket DOT-OST-2012-0176

)

for an exemption from 49 U.S.C. §41301 )

)

APPLICATION FOR AMENDMENT OF EXEMPTION

Cebu Air, Inc. d/b/a Cebu Pacific Air (“Cebu”), pursuant to 49 U.S.C. 40109, hereby

requests amendment of its existing exemption authority granted to it by the Department of

Transportation (“Department”) in the above-captioned docket permitting Cebu to engage in

certain scheduled and charter foreign air transportation of persons, property and mail.

Specifically, Cebu requests that the Department remove the wet lease condition in Cebu’s

existing exemption and allow Cebu to operate using its own aircraft and crews.

Cebu currently holds an exemption permitting it engage in (i) scheduled foreign air

transportation of persons, property and mail from the Philippines via intermediate points to

Honolulu, San Francisco, Los Angeles, Guam, Saipan, and four additional points in the United

States selected by the Philippines, and beyond to five countries selected by the Philippines; and

(ii) charters in accordance with the Department’s regulations, pursuant to a wet lease

arrangement with a duly authorized and properly supervised U.S. or foreign air carrier.1 On

1 Timely renewal application pending as of November 7, 2013.
Application of Cebu Air, Inc. d/b/a Cebu Pacific Air for Amendment

Docket DOT-OST-2012-0176

April 14, 2014

2

354195/1/WASHINGTON

April 10, 2014, the Federal Aviation Administration (“FAA”) announced that the Philippines

achieved Category 1 status under the FAA’s International Aviation Safety Assessment (“IASA”)

program. As a result, Philippine carriers are no longer limited to U.S. operations using aircraft

wet leased from a duly authorized U.S. or foreign air carrier.

In view of the FAA’s action, Cebu respectfully requests amendment of its exemption to

remove the wet lease restriction so that Cebu may serve the U.S. with its own aircraft and crews,

and that its amended exemption be issued for a one-year period.

Respectfully submitted,

/s/ Charles F. Donley II

__________________________________

Charles F. Donley II

Squire Sanders (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(202) 626-6840 phone

(202) 626-6780 fax

charles.donley@squiresanders.com

Counsel to Cebu Air, Inc. d/b/a Cebu Pacific

Air

DATED: April 14, 2014
i

354195/1/WASHINGTON

CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoing amendment application of Cebu Air, Inc.

d/b/a Cebu Pacific Air has this day been served on each of the following individuals via e-mail.

/s/ Charles F. Donley II

_________________________________

Charles F. Donley II

DATED: April 14, 2014

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

steve.morrissey@united.com; dan.weiss@united.com

jhill@dowlohnes.com

howard.kass@aa.com; robert.wirick@aa.com