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 notify
3

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, 2011
4

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