BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2011-0031

S.A.P.I. DE C.V. d/b/a VOLARIS )

)

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

)

APPLICATION FOR RENEWAL 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

charles.donley@squiresanders.com

Counsel to Concesionaria Vuela Compañía de

Aviación, S.A.P.I. de C.V. d/b/a Volaris

DATED: January 7, 2013
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2011-0031

S.A.P.I. DE C.V. d/b/a VOLARIS )

)

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

)

APPLICATION FOR RENEWAL OF EXEMPTION

Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. d/b/a Volaris

(“Volaris”) hereby requests renewal of the exemption authority granted to it by the

Department of Transportation (“Department”) in the above-captioned docket to perform

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

Mexico, and Las Vegas, Nevada. Volaris requests renewal of this exemption for a oneyear period on its existing terms and conditions. Volaris relies upon the provisions of the

Administrative Procedure Act and Part 377 of the Department’s procedural regulations to

continue its existing authorization in force pending a final decision on this renewal

request.

As indicated below, all of the factors that originally led the Department to grant

this exemption to Volaris continue in existence at the present time. The basis for grant of

this exemption was reaffirmed in the December 2005 amendment to the United StatesMexico Air Transport Services Agreement. Reciprocity on the part of the Government of

Mexico provides additional justification for the renewal of this operating authority. In

further support of its renewal request, Volaris states as follows:
Application of Concesionaria Vuela Compania de

Aviacion, S.A.P.I. de C.V. d/b/a Volaris

January 7, 2013

Docket DOT-OST-2011-0031

- 2 -

1. Volaris holds an exemption in this docket to serve Toluca-Las Vegas.1

Volaris operates twice daily service in this market with A319 aircraft. Volaris requests

renewal of its exemption for a one-year period.

2. 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 Mexican carriers to operate

from “a point or points in Mexico to a point or points in the United States.”2The route

for which renewal is requested is clearly within the scope of the amendment. Volaris

remains authorized and designated by the Mexican Government to serve this route in

accordance with the terms of the 1960 Agreement, as amended. The U.S. Government

has long recognized that the inclusion of a particular service in a bilateral aviation

agreement to which the United States is a party and designation of a qualified foreign air

carrier for that service is, by itself, a prima facie indication of the public interest in

operations on that route.3

1 Notice of Action Taken, February 17, 2012

2 Annex I(A)2(a)

3

See, S.REP. No. 96-329, at 4 (1979), reprinted in 1980 U.S.C.C.A.N. 54, 57 (“The negotiation of a

bilateral agreement itself represents a determination by the Government of the United States that the grant

of route authority provided for under the bilateral is in the ‘public interest.’”).
Application of Concesionaria Vuela Compania de

Aviacion, S.A.P.I. de C.V. d/b/a Volaris

January 7, 2013

Docket DOT-OST-2011-0031

- 3 -

3. Volaris’ fitness remains beyond question. Volaris is subject to the safety

and operational rules of the Government of Mexico. Mexico is a contracting party to the

Convention on International Civil Aviation and observes all applicable ICAO standards.

4. This renewal application raises no environmental or energy issues.

Similarly, approval of the application will not result in a near term increase in fuel

consumption of ten million gallons or more.

WHEREFORE, Concesionaria Vuela Compañía de Aviación, S.A. de C.V. d/b/a

Volaris (“Volaris”) respectfully requests that the exemption granted to it in the abovecaptioned docket be renewed for an additional one-year period on its existing terms and

conditions.

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

charles.donley@squiresanders.com

Counsel to Concesionaria Vuela Compañía de

Aviación, S.A.P.I. de C.V. d/b/a Volaris

DATED: January 7, 2013
CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application for Renewal of

Exemption has this day been served on all persons identified on the attached service list

via e-mail.

/s/ Charles F. Donley II

_________________________________

Charles F. Donley II

DATED: January 7, 2013

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

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patrick.rizzi@hoganlovells.com

bob.kneisley@wnco.com

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