BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) In the matter of the application of ) ) CONCESIONARIA VUELA COMPAMA DE AVIACION, ) Docket DOT-OST-2012- S.A.P.I. DE C.V. d/b/a VOLARIS ) ) for an exemption from 49 U.S.C. §41301 ) )

APPLICATION FOR EXEMPTION

Communications with respect to this document should be addressed to: Edward W. Sauer Charles F. Donley II Squire, Sanders (US) LLP 1200 19 th St., N.W. Washington, D.C. 20036 (202) 626-6641 edward.sauertsquiresanders.com charles.donley@squiresanders.com Counsel to Concesionaria Vuela Compaiiia de Aviacion, S.A.P.I. de C.V. d/b/a Volaris

DATED: June 5, 2012BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

In the matter of the application of CONCESIONARIA VUELA COMPARiA DE AVIACION, S.A.P.I. DE C.V. d/b/a VOLARIS for an exemption from 49 U.S.C. §41301 ) ) ) ) Docket DOT-OST-2012- ) ) ) )

APPLICATION FOR EXEMPTION
Concesionaria Vuela Compailia de Aviacion, S.A.P.I. de C.V. d/b/a Volaris ("Volaris") hereby requests an exemption from the Department of Transportation ("Department") authorizing it to perform scheduled foreign air transportation of persons, property and mail, over the following routes:

Morelia and Zacatecas, Mexico-Los Angeles, California Monterrey, Mexico-Los Angeles, California Guadalajara, Mexico-Las Vegas, Nevada
1 . Volaris requests exemption authority in these markets for a one-year period. Volaris has been designated for service over these bilateral routes by the Government of Mexico, and continues to meet or exceed all applicable fitness criteria.

I The Department previously granted Volaris authority to serve these routes. NOAT issued December 22, 2010 in Docket DOT-OST-2009-0242 (Morelia, Zacatecas-Los Angeles); NOAT dated December 22, 2010 in Docket DOT-OST-2009-0308 (Monterrey- Los Angeles); and NOAT issued May 12, 2011 in Docket DOT-OST-2010-0108 (Guadalajara-Las Vegas). Due to an oversight, applications for renewal of these exemptions were not submitted previously. Volaris will poll the parties on the service list and advise the Depai (Anent of the results.Application of Concesionaria Vuela Compania de

Aviacion, S.A.P.I. de C.V. d/b/a Volaris June 5, 2012 Docket DOT-OST-2012-
The basis for grant of these exemptions was reaffirmed in the December 2005 amendment to the United States-Mexico Air Transport Services Agreement. Reciprocity on the part of the Government of Mexico provides additional justification for the approval of this operating authority. In further support of its request, Volaris states as follows:
1. Volaris is a Mexican carrier and holds exemption authority to operate scheduled services in various markets between the United States and Mexico. Volaris operates its U.S. services using A319 aircraft.
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." 2 The routes for which authority is requested are all clearly within the scope of the amendment. Volaris is authorized and designated by the Mexican Government to serve these routes 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

2 Annex 1(A)2(a)

2Application of Concesionaria Vuela Compania de

Aviacion, S.A.P.I. de C.V. d/b/a Volaris June 5, 2012 Docket DOT-OST-2012-
carrier for that service is, by itself, a prima facie indication of the public interest in operations on that route. 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 application raises no environmental or energy issues. Similarly, approval of this application will not result in a near term increase in fuel consumption of ten million gallons or more. WHEREFORE, Concesionaria Vuela Compailia de Aviacion, S.A. de C.V. d/b/a Volaris ("Volaris") respectfully requests exemption authority in the markets

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.'").

3Application of Concesionaria Vuela Compania de

Aviacion, S.A.P.I. de C.V. d/b/a Volaris June 5, 2012 Docket DOT-OST-2012-
listed above for a one-year period. Respectfully submitted,

Edward W. Sauer Charles F. Donley II Squire, Sanders (US) LLP 1200 19 th St., N.W. Washington, D.C. 20036 (202) 626-6641 Edward.sauer@squiresanders.corn charles.donley@squiresanders.com Counsel to Concesionaria Vuela Compaffla de AviaciOn, S.A.P.I. de C.V. d/b/a Volaris

DATED: June 5, 2012

4

### Edward W. Sauer CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Application for Exemption has this day been served on all persons identified on the attached service list via e-mail.

DATED: June 5, 2012

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