DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

FEDERAL EXPRESS CORPORATION 

for renewal of a cetiificate of public convenience 

and necessity pursuant to 49 U.S.C. § 41102 

(U.S.-Mexico All-Cargo Service) 

) 

) 

) Docket DOT-OST-2011-0076 

) Docket DOT-OST-2008-0105 

) 

) 

) 

_____________________________________ ) 

APPLICATION OF FEDERAL EXPRESS CORPORATION 

FOR RENEWAL OF CERTIFICATE AUTHORITY 

Communications with respect to this document should be sent to: 

Nancy S. Sparks 

Managing Director 

Regulatory Affairs 

FEDERAL EXPRESS CORPORATION 

1700 Pennsylvania Avenue, N.W. 

Suite 950 

Washington, D.C. 20006 

(202) 393-9286 (phone) 

(202) 628-0654 (fax) 

Email: nssparks@fedex.com 

Dated: January 10, 2013 

Courtney E. Felts 

Senior Attomey 

Regulatory Affairs 

FEDERAL EXPRESS CORPORATION 

3620 Hacks Cross Road 

Building B, 3rd Floor 

Memphis, Tennessee 38125 

(901) 434-8632 (phone) 

(901) 434-8283 (fax) 

Email: cefelts@fedex.com 

Attomeys for 

FEDERAL EXPRESS CORPORATION 
DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

FEDERAL EXPRESS CORPORATION 

for renewal of a cetiificate of public convenience 

and necessity pursuant to 49 U.S.C. § 41102 

(U.S.-Mexico All-Cargo Service) 

) 

) 

) Docket DOT-OST-2011-0076 

) Docket DOT-OST-2008-0105 

) 

) 

) 

_____________________________________ ) 

APPLICATION OF FEDERAL EXPRESS CORPORATION 

FOR RENEWAL OF CERTIFICATE AUTHORITY 

Pursuant to 49 U.S.C. § 41102, Federal Express Corporation ("FedEx Express") 

hereby applies for renewal of its Certificate of Public Convenience and Necessity for Route 

568, authorizing FedEx Express to authority to engage in scheduled foreign all-cargo air 

transportation between a point or points in the United States, and certain named points in 

Mexico. Renewal of this certificate authority would be consistent with Depmiment of 

Transpotiation ("the Department") precedent and public interest. 

FedEx Express requests that its U.S.-Mexico Cetiificate for Route 568 be renewed for 

an additional five-year period, through July 10, 2018, or such longer term as the Department 

may deem appropriate. FedEx Express fmiher requests the right to integrate such authority 

with its other cetiificate and exemption authority to provide foreign air transportation. FedEx 

Express will accept the standard condition that any services operated pursuant to such route 

integration authority be conducted in accordance with all applicable agreements between the 

United States and the foreign countries to which such services are operated. 

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FedEx Express also requests that this Application be processed pursuant to the 

expedited non-hearing procedures established in Subpart B of the Procedural Regulations of 

the Depatiment. 

In support of this Application, FedEx Express states as follows: 

1. FedEx Express is a citizen of the United States, as defined in 49 U.S.C. § 

40102(a)(15). It is a corporation duly organized under the laws of the State of Delaware with 

its principal offices located at 3610 Hacks Cross Road, Memphis, Tennessee 38125, and is a 

wholly-owned subsidiary of FedEx Corporation, which is a corporation duly organized under 

the laws of the State of Delaware. Its president and at least two-thirds of its board of 

directors and other managing officers are citizens of the United States, and it is under the 

actual control of citizens of the United States. At least 75 percent of its voting interest is 

owned or controlled by persons that are citizens of the United States. 

2. FedEx Express is an air carrier of property and mail in scheduled atr 

transportation, operating such services between numerous points m the United States 

pursuant to an All-Cargo Air Service Cetiificate issued under 49 U.S.C. § 41103, and in 

numerous international markets pursuant to various Certificates of Public Convenience and 

Necessity issued under 49 U.S.C. § 41102 and specific grants of exemption authority 

pursuant to 49 U.S.C. § 40109. 

3. FedEx Express currently holds cetiificate authority to provide scheduled allcargo service between the U.S. and Mexico pursuant to its Certificate for Route 568, which 

was most recently renewed and reissued to FedEx Express for a five-year term expiring on 

July 10, 2013, by Order 2008-7-15, served July 11, 2008. FedEx Express' cmTent U.S.-

Mexico certificate authorizes FedEx Express to operate scheduled all-cargo service over nine 

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specific city-pair routes between Memphis, Tennessee, Harlingen Texas, Oakland, 

California, and Lafayette, Louisiana on the one hand, and Guadalajara, Monten·ey, and 

Toluca, Mexico on the other hand. 1 

4. FedEx Express provides worldwide air cargo transpmiation through a highly 

efficient worldwide network. The network provides significant public benefits by giving 

U.S. shippers and exporters worldwide, on-demand access from any address in the United 

States to over 220 countries. The U.S.-Mexico component is an important part of the FedEx 

Express network. FedEx Express has continuously provided scheduled air transpmtation 

service between the United States and Mexico, including Guadalajara and Monteney, for 

many years. 

5. FedEx Express' continued services following the grant of this ce1tificate 

authority renewal request will not result in a near-term net annual change in aircraft fuel 

consumption of 10 million gallons or more. The proposed services' environmental impacts 

are thus de minimis and do not constitute a "major regulatory action" under 14 C.F.R. § 

313.4. 

6. The certificate authority renewal requested herein is wholly consistent with 

the terms of the U.S.-Mexico Air Transpmt Agreement, and FedEx Express has been 

formally designated through diplomatic channels to Mexico as a duly-authorized U.S. allcargo air can·ier pursuant to the agreement. 

FedEx Express also holds exemption authority to serve two specific city-pair routes between Memphis, 

Tennessee, Mobile, Alabama, and Indianapolis, Indiana on the one hand, and between Queretaro, Mexico and 

Guadalajara, Mexico, on the other hand. See Notice of Action Taken, OST-2011-0179 (September 30, 2011). In 

that exemption authority application, FedEx Express sought an "all points" amendment to its certificate. The 

Depmiment has not issued a final determination on that request. 

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7. FedEx Express is fit, willing, and able to provide international air cargo 

services, as required by 49 U.S.C. § 41102(b)(l). FedEx Express is an air carrier of property 

and mail in scheduled air transportation, operating such services within the United States 

pursuant to an all-cargo air service certificate issued under 49 U.S.C. § 41103. In 

international markets, FedEx Express operates under a certificate of public convenience and 

necessity issued under 49 U.S.C. § 41102, and specific grants of exemption authority 

pursuant to 49 U.S.C. § 40109. FedEx Express requests that the Department take official 

notice, pursuant to 14 C.F.R. § 302.24(g), of the extensive data on file with the Department 

that establish conclusively the fitness of FedEx Express to operate under the requested 

authority. 

8. FedEx Express hereby invokes and relies upon the provisions of Section 

558(c) of the Administrative Procedure Act, 5 U.S.C. § 558(c), as implemented by Pati 377 

of the Department's Special Regulations, 14 C.F.R. § 377, to continue in effect its certificate 

authority to serve Mexico until the Depatiment makes a final determination on this 

Application. In accordance with Section 377.10(c), this renewal application is being filed 

one hundred and eighty (180) days prior to the expiration date of the authority at issue. 

9. Finally, FedEx Express requests that this cetiificate renewal application be 

processed through expedited non-hearing procedures pursuant to Subpart B of the 

Department's Procedural Regulations. There are no issues of material fact which require an 

evidentiary hearing in the case of this application, and the use of expedited non-hearing 

procedures will serve the public interest by making efficient use of the Depatiment' s staff 

and resources. 

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WHEREFORE, FedEx Express respectfully requests that the Depatiment issue a 

renewed Ce1iificate of Public Convenience and Necessity for Route 568 to FedEx Express 

for an additional five-year period, through July 10, 2018, or such longer period as the 

Department may deem appropriate. 

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Respectfully submitted, 

FEDERAL EXPRESS CORPORATION 

~VA~ ~, f-<&W 

Courtney E. Felts 

Senior Attorney 

Regulatory Affairs 
CERTIFICATE OF SERVICE 

I hereby certify that I have this ta..Pciay of January 2013, served a copy of the 

foregoing Application of FedEx Express for an Exemption and an Amendment to 

Certificate Authority upon each person listed below via email. 

SERVICE LIST 

Counsel for ABX rsilverberg(ci1sgbdc.com 

Counsel for AirTran and Frontier efabennan@wilevrein. com 

Alaska Airlines msinick@ssd.com 

American Airlines carl.nelson@aa.com 

robert. wirick@aa. com 

francis.heil@aa.com 

iames.kalei~h_@aa.com 

Counsel for Amerijet j richardson@j ohnlrichardson. com 

i cann y(a),ameri i et. com 

Counsel for AST AR lachter(a),starpower.net 

Atlas Air rpommer(a),atlasair. com 

Counsel for Cargo 360 and Ryan agoerlich@ggh-airlaw.com 

International 

Counsel for Capital Cargo mgoldman(a),sgbdc.com 

Counsel for Centurion bill(a),mietuslaw.com 

Champion Air ken.redetzke(a),championair.com 

Continental Airlines dan. weiss@coair.com 

United Airlines steve.monissev@united.com 

Delta Airlines sascha. vanderbellen(a),delta.com 

Counsel for Express.Net Airlines lhalloway(a),crowell.com 

Counsel for Gemini Air Cargo mroller(a),rollerbauer.com 

JetBlue ro bert.land(a),j etbl ue. com 

Counsel for Kitty Hawk Aircargo rsil verberg(a),sgbdc.com 

Memphis-Shelby County Airp01t larryc@mscaa. com 

Authority 

Polar Air Cargo kevin. montgo mery(a),po laraircargo. com 

Counsel for Spirit Airlines jyoung@yklaw.com 

dkirstein@vklaw. com 

Sun Country Airlines i ohn. frederi cksen(a),suncountrv. com 

Counsel for United Parcel Service anita.mosner@hklaw.com 

iennifer.nowak@hklaw.com 

Counsel for USA 3000 Airlines pmumhv@lopmumhv.com 

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I US Airways I benjamin.slocum@usairways.com 

With comiesy copies to: 

Federal Aviation Administration iohn.allen@faa.gov 

U.S. Department of State ursk@state. gov 

U.S. Depmiment ofTranspmiation brian.hedberg@dot.gov 

esta.rosenberg@dot. gov 

brett.kruger@dot. gov 

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