BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) Application of ) ) LASER AIRLINES, C.A. ) Docket OST-2011-0190 ) for exemption pursuant to 49 U.S.C. § 40109 ) and a foreign air carrier permit ) pursuant to 49 U.S.C. § 41302 ) (U.S.-Venezuela) ) _______________________________________ )

Docket No. OST-2008-0394

REPLY OF SOLAR CARGO C.A. TO ANSWER OF SPIRIT AIRLINES, INC. Communications with respect to this document should be addressed to: Susan B. Jollie, Esq. Law Office of Susan B. Jollie 7503 Walton Lane Annandale, VA 22003 (703) 354-8450 (703) 354-4945 (facsimile) sjollie@verizon.net (e-mail) Attorney for Solar Cargo C.A.
Date: November 14, 2011 Application of SOLAR CARGO, C.A. for an Exemption pursuant to 49 U.S.C. § 40109(c) (U.S.-Venezuela)1 BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) Application of ) ) LASER AIRLINES, C.A. ) Docket OST-2011-0190 ) for exemption pursuant to 49 U.S.C. § 40109 ) and a foreign air carrier permit ) pursuant to 49 U.S.C. § 41302 ) (U.S.-Venezuela) ) _______________________________________ )

Docket No. OST-2008--0394

REPLY OF SOLAR CARGO C.A. TO ANSWER OF SPIRIT AIRLINES, INC. Solar Cargo, C.A. hereby replies to Spirit Airlines, Inc. (“Spirit”), which answered the application for an exemption and permit submitted on October 11, 2011 by Laser Airlines, C.A. (“Laser”), a Venezuelan air carrier. Spirit asserts that action on the application should be deferred because the Government of Venezuela has failed to act on Spirit’s application for authority.
Solar Cargo disagrees with the proposition that it is appropriate for the Department of Transportation (DOT) to withhold approval of applications filed by Application of SOLAR CARGO, C.A. for an Exemption pursuant to 49 U.S.C. § 40109(c) (U.S.-Venezuela)2

Venezuelan carriers. Solar Cargo filed an application with DOT for authority to provide bilaterally-authorized all-cargo service on December 18, 2008. Solar Cargo’s application for exemption has languished ever since.

Solar Cargo understands that all U.S. all-cargo carriers that file applications for third and fourth freedom service to Venezuela have been routinely granted approval. These carriers are allowed to serve the market while DOT’s refusal to act favorably on Solar Cargo’s exemption application completely excludes the Venezuelan carrier from participating in the market. Solar Cargo objects to the disparity in treatment. U.S. carriers may claim to be aggrieved because they are not granted every request to expand services, but they are treated better than Venezuelan carriers seeking to exercise bilaterally authorized rights.

Solar Cargo believes that the Department of Transportation should grant Venezuelan all-cargo carriers authority to serve the United States on a reciprocal basis. The public interest would be served by expanding service options available to U.S. shippers.

However, applications should be granted in the order that they were filed with the Department. To paraphrase Spirit’s complaint, “despite its best efforts and fulfilling all necessary filing requirements,” Solar Cargo’s application before DOT has been pending for almost three years. To the extent the information that had been compiled to comply with DOT’s requirements may be characterized as out of date, Solar Cargo is not to blame. DOT should grant its application subject to the condition that the carrier notify3

DOT of changes and provide updated financial information within a reasonable time following commencement of services.

The United States Government’s refusal to process applications of Venezuelan carriers is not a measured and proportionate approach to resolving complaints about market access. Solar Cargo respectfully submits that approval of its long-standing application for all-cargo services would be a good first step to improving the bilateral relationship.

WHEREFORE, Solar Cargo C.A. hereby objects to Spirit’s Answer urging the Department of Transportation to withhold approval of Venezuelan carriers’ applications, and renews its request for authority to perform all-cargo services in accordance with the Department’s regulations. Respectfully submitted,

Susan B. Jollie Law Offices of Susan B. Jollie 7503 Walton Lane Annandale, VA 22003 (703) 354-8450 (703) 354-4945 (facsimile) SJollie@verizon.net Attorney for Solar Cargo, C.A.

November 14, 20114 CERTIFICATE OF SERVICE
I hereby certify that I, Susan B. Jollie, have served the Reply of Solar Cargo C.A. to Answer of Spirit Airlines, Inc. by email on November 14, 2011 on the following persons:

jyoung@yklaw.com ; gmurphy@crowell.com ; rpommer@atlas.com ; ben.graves@evergreenairlines.com; charters@evergreenairlines.com ; slachter@lachter-clements.com ; nssparks@fedex.com ; matwood@cozen.com ; kevinmontgomery@polaircargo.com ; anitamosner@hklaw.com ; jennifer.nowak@hklaw.com ; steve.morrissey@united.com ; dan.weiss@coair.com ; sametta.c.barnett@delta.com ; sascha.vanderbellen@nwa.com efaberman@wrf.com msinick@ssd.com; cdonley@ssd.com; anbird@fedex.com; carl.nelson@aa.com ; kevin.montgomery@polaraircargo.com jrichardson@johnlrichardson.com mroller@rollerbauer.com ; howard_kass@usairways.com ; benjamin.slocum@usairways.com ; mlbenge@zsrlaw.com; jhill@dlalaw.com; mgoldman@sgbdc.com rsilverberg@sgbdc.com dhainbach@ggh-airlaw.com William.stallings@usdoj.gov ; dwight.moore@ustranscom.mil ; brian.hedberg@dot.gov ; john.allen@faa.gov ; urskr@state.gov