UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on January 29 , 201 3



### NOTICE OF ACTION TAKEN

-- DOCKET S DOT

- OST

- 200 9

- 0036

DOT

- OST

- 2009

- 0071

DOT

- OST

- 2010

- 0035

____________________________________________________________ ____________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

A pplicant : CONCESIONARIA VUELA COMP ANIA DE AVIACION, S.A. P.I. de C.V. D/B/A

VOLARIS ( Volaris )

Date Filed: January 4 , 201 3

Relief requested:

Docket DOT

- OST

- 2009

- 0036: Renewal of e xemption from 49 USC §41301 to permit the applicant to engage in: 1) scheduled foreign air transportation of persons, property, and mail between Toluca, Mexico

, and Ft. Lauderdale, Florida; and 2) charter foreign air transportation in accordance with 14 CFR Part 212.

Docket DOT

- OST

- 2009

- 0071: Renewal of exemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property, and mail between: 1) Toluca, Mexico

, and Oakland, California; 2) Guadalajara, Mexico, and Oakland, California; and 3) Toluca, Mexico, and Los Angeles, Ca lifornia.

Docket DOT

- OST

- 2010

- 0035: Renewal of e xemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property, and mail between Guadalajara, Mexico, on the one hand, and San Jose, California

, and Chicago, Illinois, on the other hand.

If renewal, date and citation of last action: February 17 , 201 2 , in the referenced dockets.

Applicant representative: Charles F. Donley II, 202

- 626

- 6840

DOT anal yst: David R. Christofano , 202

- 366

- 0584

Responsive pleadings: None.

DISPOSITION

Action: Approved

. Action date: January 29 , 201 3

Effective dates of authority granted: January 29 , 201 3 , through January 29 , 201 4

.

Basis for approval (bilateral agreement/reciprocity): United States

- Mexico Air Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption conditions (attached).Special conditions/Remarks: I n accordance with 14 CFR §212.9(d), Volaris shall not perform any charter flights to or from the United States unless the Department has granted a statement of authorization for such operations. 1

Action taken by: Paul L. Gretch, Director, Office of In ternational Aviation

________________________________________________________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent w ith Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consist ent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Poli cy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket s

. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

Persons en titled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effec tive

whe n taken, and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

1 See , e.g. , Order 91

- 5

- 25, where the Department placed this condition on the foreign air carrier permit granted to Aerovias de Mexico, S.A. de C.V. We note, however, that the Department has granted blanket exemption authority to existing and future Mexican carriers, relieving them of this prior approval requirement for third and fourth freedom charter operations if they s ubmit to the Department advance notice of their charter operations as described in Orders 98

- 4

- 2 and 99

- 7

- 23.

### Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, b ut not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the United States,

contact its International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise the I IR of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, pri or to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight Standards Service (any changes t o, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of W arsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agr eed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term

" international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are a uthorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations require d by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when t he holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval

under Title 49 of the U.S. Code.

1 2/2007