BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

ABC AEROLÍNEAS, S.A. de C.V.

d/b/a/ INTERJET

for an Exemption pursuant to 49 U.S.C.

§ 40109 to engage in Scheduled Foreign

Air Transportation of Persons, Property,

and Mail (U.S./Mexico)

Docket DOT-OST-2011-

APPLICATION OF

ABC AEROLÍNEAS, S.A. de C.V., d/b/a INTERJET

FOR AN EXEMPTION

Communications concerning this document may be served upon:

Moffett B. Roller

ROLLER & BAUER, PLLC

Washington Dulles International Airport

45005 Aviation Drive, Suite 200

Dulles, VA 20166

Washington, D.C. 20036-6101

Tel: 202-331-3300

Fax: 202-331-3322

E-mail: airlaw@rollerbauer.com

Counsel for

ABC Aerolíneas, S.A. de C.V.

August 23, 2011

NOTICE: Any person may support or oppose this application by filing an answer

and serving a copy of that answer on counsel for ABC Aerolíneas, S.A. de C.V.

and upon each person served with this application. ABC Aerolíneas requests

expedited processing of this application.
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

ABC AEROLÍNEAS, S.A. de C.V.

d/b/a/ INTERJET

for an Exemption pursuant to 49 U.S.C.

§ 40109 to engage in Scheduled Foreign

Air Transportation of Persons, Property,

and Mail (U.S./Mexico)

Docket DOT-OST-2011-

APPLICATION OF

ABC AEROLÍNEAS, S.A. de C.V.

d/b/a INTERJET

FOR AN EXEMPTION

Pursuant to 49 U.S.C. §40109, ABC Aerolíneas, S.A. de C.V., d/b/a

Interjet. (hereinafter “Interjet”), hereby applies for an Exemption from 49 U.S.C.

§ 41302 in order to engage in scheduled foreign air transportation of persons,

property, and mail on the following routes: (1) Mexico City - San Antonio;

(2) Mexico City - New York, and (3) Mexico City - Miami. Interjet requests

expedited treatment of this Application and will report to the Department the

results of its poll of the parties on the attached Service List.

Interjet is a Mexican air carrier that was established in March of 2005 and

began operations with a fleet of A320 aircraft in December of 2005. In October

of 2008 the Department issued Interjet a foreign air carrier permit authorizing

Interjet to perform scheduled and charter operations between the U.S. and
Application of ABC Aerolíneas, S.A. de C.V., Page 2

d/b/a Interjet, for an Exemption

1/ The routes on which Interjet’s foreign air carrier permit authorizes it to perform

scheduled service are : 1) Toluca, Mexico - Ontario, California; 2) Toluca, Mexico -

Houston, Texas; 3) Toluca, Mexico - San Antonio, Texas; 4) Guadalajara, Mexico -

Houston, Texas; and 5) Monterrey, Mexico - Houston, Texas.

Mexico.1/ DOT Order 2008-10-30, October 30, 2008.

Since its founding Interjet has developed into a major Mexican airline,

operating scheduled and charter service both domestically and internationally. It

serves a broad network of scheduled routes within Mexico, and its numerous

charter operations include the operation of charter flights to the United States.

By this Application, Interjet requests exemption authority on the basis of

comity and reciprocity to operate scheduled service on the Mexico City - San

Antonio, Mexico City - New York, and Mexico City - Miami routes. On August 2,

2011, the DGAC granted Interjet authority to operate scheduled service on the

foregoing city-pairs. Interjet is attaching as Exhibit 1 copies of the authorization

and English translation for each route.

As explained by the attached letter dated August 2, 2011, from Mr. Hector

González Weeks, the Director General of the DGAC, to Mr. Paul Gretch, Director

of the Office of International Aviation, Mexicana currently holds designations

from the Government of Mexico to operate scheduled service on the three routes

in question, but is currently not operating on any of them. Due to legal

considerations related to the bankruptcy and cessation of operations by

Mexicana, however, the DGAC cannot revoke the designations held by

Mexicana, and the DGAC asks the Department to authorize Interjet to operate
Application of ABC Aerolíneas, S.A. de C.V., Page 3

d/b/a Interjet, for an Exemption

scheduled service on these three routes only so long as Mexicana is not

operating them. A copy of the letter from Mr. González and an English

translation is attached as Exhibit 2

Approval of this Application is in the public interest because the

conditional substitution of Interjet for Mexicana gives effect to the intent of the Air

Transport Agreement between the U.S. and Mexico by allowing two Mexican air

carriers to operate on each of the three routes as contemplated by the

Agreement, but approval will not provide Mexican carriers with any advantage

over U.S. carriers. Approval will also serve the public interest by increasing

capacity and competition on the three routes from Mexico City to San Antonio,

New York, and Miami.

Furthermore, in the event that Mexicana resumes service on any of the

three routes in question, Interjet (1) will immediately cease its service on that

route and (2) will either (a) accommodate on another Mexican or U.S. air carrier

any passengers that may hold tickets on Interjet on the route on which Interjet

must cease service or (b) provide full refunds to such passengers. Interjet is

prepared to accept conditions in its exemption authority that specifically impose

these requirements.

The request that Interjet is making in this Application is legally equivalent

to the request that Volaris, another Mexican airline, made to the Department on

June 20, 2011. Application of Concesionaria Vuela Compania de Aviacion,

S.A.P.I., d//b/a Volaris, Docket DOT-OST-2011-0117. The Volaris application
Application of ABC Aerolíneas, S.A. de C.V., Page 4

d/b/a Interjet, for an Exemption

also sought extrabilateral authority to operate scheduled service on three routes

on which Mexicana held the formal designation but on which Mexicana had also

suspended operations. In addition, just as in the present case, the DGAC wrote

to the Department requesting that the Department authorize Volaris to operate

on the routes subject to the reinstatement of Mexicana, and Volaris agreed to

accept the same conditions that Interjet also proposes to accept. The

Department granted the Volaris Application by Notice of Action Taken issued on

July 11, 2011.

Conclusion

For the foregoing reasons, the Department of Transportation should issue

an exemption from 49 U.S.C. § 41302 to ABC Aerolineas, S.A. de C.V., d/b/a

Interjet, for a period of one year in order to engage in scheduled foreign air

transportation of persons, property, and mail between: 1) Mexico City, Mexico,

and San Antonio, Texas, 2) Mexico City, Mexico, and Miami, Florida, and 3)

Mexico City, Mexico, and New York, New York, as set forth above.

Respectfully submitted,

Roller & Bauer, PLLC

Attorneys for

ABC Aerolíneas, S.A. de C.V., d/b/a Interjet

By: ___________________________

Moffett B. Roller

August 23, 2011
Exhibit 1

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Exhibit 2

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Subsecretary of Transport

Directorate General of Civil Aeronautic

4.1.1906

1943:

“2011 Year of Tourism in Mexico”

PAUL L. GRETCH

Director, Office of International Aviation

U.S. Department of Transportation

1200 New Jersey Avenue, SE

Washington, DC 20590

Mexico City, 2 August, 2011

This is in reference to the Air Transportation Agreement dated August 15, 1960 between

the Government of The United States of America and The Government of the United Mexican

States, its extensions, amendments and modifications, by which it is provided that each of the

Parties may designate up to two airlines for each city-pair in most cases, and up to three airlines

in 14 markets, for the operation of scheduled combination air services as specified in Annex I of

the Agreement.

In this regard, and taking into consideration the situation that a Mexican airline (Mexicana

de Aviacion), which is designated on various city-pairs in accordance with such Agreement, is

undergoing and that we cannot at this moment cancel its designation and give it to another airline

to operate on the same city-pairs, I would be grateful if you would consider evaluating the

possibility of granting ABC Aerolineas, S.A. de C.V. “Interjet”, a Mexican airline, an extrabilateral

authorization to operate scheduled combination air services on the following routes: Mexico-San

Antonio; Mexico-New York; and Mexico-Miami, with the understanding that such authorization will

be apart from the aforementioned Agreement and while Mexicana de Aviacion does not start

operations on these routes, meaning that at no time will the operation limit of two airlines per city

pair or three, whichever is applicable, be exceeded, and that such authorization will be

extrabilateral and temporary in nature.

Looking forward to a favorable decision to this special request, I take this opportunity to

send you my best regards.

S I N C E R E L Y

EFFECTIVE SUFFRAGE, NO RE-ELECTION

GENERAL DIRECTOR

/S/

MR. HÉCTOR GONZÁLEZ WEEKS

SSR/RGG

cc: Mr. Felipe Duarte Olvera-Sub secretary of Transportation President

cc: Directorate General of Civil Aeronautic- Offices – President

cc: ABC Aerolilneas, S.A. de C.V., Calle Ignacio Longores No. 102 Lote 2, Mz2, Col. Parque

Industrial Exportec 1, 50200, Toluca, Edo de México. - President.

.

[A stamped seal reading:]

S.C.T.

Directorate General of

Civil Aeronautic

05 Aug 2011

Correspondence

Sub-directorate of Regular Aviation

Dispatch

Exhibit 2

Page 2 of 2
CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of ABC

Aerolíneas, S.A. de C.V., d/b/a Interjet, for an Exemption was this day served by

email upon the parties listed below. No indication was received that any

transmission by electronic mail had failed.

_______________________________

Moffett B. Roller

August 23, 2011

Carl B. Nelson, Jr.

Associate General Counsel

AMERICAN AIRLINES

carl_nelson@aa.com

Hershel Kamen

Vice President – International,

Regulatory and Policy

CONTINENTAL AIRLINES

hershel.kamen@united.com

Steven Morrissey

Managing Director -

Regulatory Affairs & Policy

UNITED AIR LINES

steve.morrissey@united.com.

Alexander Van der Bellen

Managing Director – Gov’t Affairs &

Associate General Counsel

DELTA AIR LINES, INC.

sascha.vanderbellen@delta.com

Benjamin Slocum

Assistant General Counsel

US AIRWAYS

benjamin.slocum@usairways.com

Marshall S. Sinick

Counsel for

ALASKA AIRLINES

msinisck@ssd.com

Joanne W. Young

Counsel for SPIRIT AIRLINES

jyoung@yklaw.com

Ed Faberman

Executive Director

AIR CARRIER ASSOCIATION OF AMERICA

efaberman@wrf.com

Jonathan Hill

Counsel for JETBLUE

jhill@dowlohnes.com

Malcolm Benge

Counsel for WORLD AIRWAYS

mlbenge@zsrlaw.com

Pierre Murphy

Counsel for USA3000

pmurphy@lopmurphy.com;

pmurphy@ggh-airlaw.com

Krishna Urs

U.S. Department of State

UrsKR@state.gov

John Allen

Federal Aviation Administration

john.allen@faa.gov