BEFORE THE 

U. S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON D.C. 

___________________________________ 

In the matter of the application of ) 

 ) 

Aerovías de Integración Regional ) 

AIRES S.A. ) DOCKET OST-2008-0390 

for an exemption from ) 

49 U.S.C. § 41301 ) 

 ) 

(Bogota – Miami) ) 

____________________________________) 

APPLICATION FOR EXEMPTION

Communications with respect to this document should be sent to: 

 Erika Zarante Josh Romanow 

 Legal Affairs Manager Dania Slim 

AIRES S.A. Pillsbury Winthrop 

 Av. El Dorado No. 103-08 Entrada #1 Shaw Pittman LLP 

 Hangar Aires S.A. 2300 N. Street, N.W. 

 Bogota D.C., Colombia Washington, D.C. 20037 

 Tel: (571+) 294-0330 Ext. 71015 Tel: (202) 663-8000 

 erika.zarante@aires.com.co Fax: (202) 663-8007 

 romanow@pillsburylaw.com 

 dania.slim@pillsburylaw.com 

 

September 21, 2011 

NOTE: Any person may support or oppose this Application by filing an answer and 

serving a copy of the answer on counsel for AIRES and upon each person served with 

this application. Answers are due by October 6, 2011. AIRES intends to poll parties 

served on this application and will inform the Department of the results. 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON D.C. 

___________________________________ 

In the matter of the application of ) 

 ) 

Aerovías de Integración Regional, ) 

AIRES S.A. ) DOCKET OST-2008-0390 

for an exemption from ) 

49 U.S.C. § 41301 ) 

 ) 

(Bogota – Miami) ) 

____________________________________) 

APPLICATION FOR EXEMPTION

 Aerovías de Integración Regional, AIRES S.A. (“AIRES”), through its 

undersigned counsel, hereby respectfully applies to the Department of Transportation (the 

“Department”) for an exemption pursuant to 49 U.S.C. § 40109, Subpart C of the 

Department’s Rules of Practice (14 C.F.R. §302.301, et seq.), to enable it to engage in 

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

Colombia, on the one hand, and Miami, Florida, on the other hand. 

In support of this application, AIRES states as follows: 

1. By Notice of Action Taken (November 24, 2009), the Department granted an 

exemption to AIRES permitting it to engage in scheduled foreign air transportation of 

2 
persons, property and mail between Bogota, Cartagena, Barranquilla, and Cali, 

Colombia, on the one hand, and Fort Lauderdale, Florida, on the other hand, effective 

until November 24, 2010. AIRES’ renewal of exemption was timely filed on 

November 9, 2010, and therefore remains in effect under the automatic renewal 

provisions of Section 558(c) of the Administrative Procedure Act (5 U.S.C. 558(c)), 

as implemented by Part 377 of the Department’s Special Regulations, pending final 

Department action on AIRES’ renewal application. AIRES currently operates 

multiple weekly flights between Bogota and Fort Lauderdale. 

2. AIRES also holds a Foreign Air Carrier Permit authorizing service to New York (See 

Order 2009-6-14), exemption authority to coterminalize Fort Lauderdale and New 

York for its services from Bogota, Barranquilla and Cartagena, Colombia, and 

authority to engage in charter trips in foreign air transportation, subject to the terms, 

conditions and limitations of the Department’s regulations governing charters. 

3. AIRES seeks authority to conduct scheduled foreign air transportation of persons, 

property, and mail between Bogota, Colombia, on the one hand, and Miami, Florida, 

on the other hand. AIRES intends to operate these flights using Boeing 737-700, 

Boeing 767-300 and/or Airbus 320 aircraft. AIRES proposes initially to operate 4 

flights per week beginning in January 2012; frequencies may increase in the future 

depending on market demand. 

4. The authority requested herein is consistent with the overall comity and reciprocity 

between the United States and Colombia and the transitional provisions of the new 

Colombia – U.S. Open Skies Agreement. AIRES is a flag carrier of Colombia and 

continues to be authorized and designated by the Government of the Republic of 

3 
Colombia to perform scheduled services on the routes at issue here. A copy of 

AIRES’ designation/frequencies from the Government of Colombia is attached as 

Exhibit A. 

5. AIRES remains fit, willing and able to successfully operate the services sought under 

this exemption. AIRES’ proposed service is in the public interest because it provides 

crucial links between Colombia and the United States and will benefit travelers in 

both countries. The exemption requested herein will enable AIRES to continue 

developing the range of services it offers between the United States and Colombia, 

while providing AIRES the full operational flexibility contemplated by the new Open 

Skies Air Transport Agreement. 

6. This amendment application raises no environmental or energy issues. AIRES’ 

operations are performed entirely with modern aircraft that meet all noise 

requirements applicable to operations at all respective airports. 

7. AIRES requests that the amendment sought herein remain in effect for a period of not 

less than two years. 

8. Verification: The verification required by 14 C.F.R. § 302.4(b) is attached hereto as 

Exhibit B. 

4 
WHEREFORE, AIRES respectfully requests that the exemption authority 

requested herein be granted for a period of two years, as more fully set forth above. 

AIRES also requests such further, different and additional relief as the Department may 

deem appropriate. 

Respectfully submitted, 

By: 

Erika Zarante Josh Romanow 

Legal Affairs Manager Dania Slim 

AIRES S.A. Pillsbury Winthrop Shaw Pittman LLP 

Av. El Dorado No. 103-08 Entrada #1 2300 N. Street, N.W. 

Hangar Aires S.A. Washington, D.C. 20037 

Bogota D.C., Colombia Tel: (202) 663-8000 

Tel: (571+) 294-0330 Ext. 71015 Fax: (202) 663-8007 

erika.zarante@aires.com.co romanow@pillsburylaw.com 

 dania.slim@pillsburylaw.com 

 

 

Dated: September 21, 2011 

5 
CERTIFICATE OF SERVICE

 I hereby certify that one copy of the foregoing Application of AIRES has this day 

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

DATED: September 21, 2011 

 

 /s/ Dania Slim 

 Dania Slim 

James Jelinski 

FAA 

JamesR.Jelinski@faa.gov 

Steve Morrissey 

United Air Lines 

steven.morrissey@united.com 

Dan Weiss 

Continental Airlines 

1600 Smith Street, Ste. HQSGV 

Houston, TX 77002 

dweiss@coair.com 

Carl B. Nelson, Jr. 

Associate General Counsel 

American Airlines, Inc. 

1101- 17th Street, N.W., Suite 600 

Washington, D.C. 20036 

carl.nelson@aa.com 

Sametta C. Barnett 

Sascha Vanderbellen 

Delta Airlines 

1275 K Street, N.W. 

Washington, D.C. 20005

sametta.c.barnett@delta.com 

sascha.vanderbellen@delta.com 

Jonathan Hill 

Dow Lohnes 

Counsel for JetBlue 

jhill@dowlohnes.com 

James J. Ballough 

Director 

Flight Standards Service 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Room 821 

Washington, D.C. 20591 

jim.ballough@faa.gov 

David M. Kirstein 

Counsel for Spirit Airlines 

Kirstein & Young PLLC 

1750 K St. N.W. Suite 200 

Washington, D.C. 20006 

dkirstein@yklaw.com 

Malcolm L. Benge 

Counsel for North American 

Airlines/World Airways 

Zuckert Scoutt & Rasenberger, L.L.P. 

888 17th Street, N.W., Suite 700 

Washington, D.C., 2006-3309 

mlbenge@zsrlaw.com 

6 
EXHIBIT A 

DESIGNATION/FREQUENCIES

2 

REPUBLIC OF COLOMBIA 

CIVIL AERONAUTICS AUTHORITY 

Bogota, Colombia – May 18, 2011 

Maria Angele Holguin Cuellar 

Secretary of State 

City 

Reference: Designation of Colombian company AEROVIAS DE INTEGRACION REGIONAL S.A. AIRES S.A. 

Dear Madam: 

We respectfully request that the Embassy of the Republic of Colombia in the United States, by means of 

a diplomatic note, notify the U.S. Department of Transportation of the United States (DOT) that the 

Civil Aviation Authority of Colombia has designated AIRES to operate as follows: 

MODE: Regular international air transportation service for passengers, cargo and mail. 

ROUTE: Bogota – Miami round trip 

FREQUENCY: Seven (7) weekly operations 

EQUIPMENT: Boeing 767-300 and/or 737-300 and/or A320 or the equipment which has been 

 authorized by the company’s Operations Specifications. 

ROUTE: * Bogota – Miami and/or Los Angeles round trip with the possibility to omit 

 points within the United States and with no traffic rights between Miami and 

 Los Angeles. 

• This route is authorized effective January 1, 2012 in accordance with the capacity established in 

Section 2 of the Annex to the Transportation Agreement executed on May 10, 2011. 

FREQUENCY: Seven (7) weekly operation 

EQUIPMENT: Boeing 767-300 and/or A320 or the equipment which has been authorized by 

 Company’s Operations Specifications. 

TRAFFIC RIGHTS: Up to Fourth Freedom 
In addition, we respectfully request that the diplomatic note state that this designation is approved 

under Article 3 and Annex (Section 1 and 2) of the Transportation Agreement executed on May 10, 

2011. 

Lastly, I take this opportunity to reiterate my highest and most sincere concern. 

Illegible signature 

Santiago Castro Gomez 

Director General 

 
EXHIBIT B

VERIFICATION 

3