BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_____________________________________

Application of )

)

AIRTRAN AIRWAYS, INC. )

) Docket No. OST-2010-0146

under 49 U.S.C. § 40109 for renewal of )

exemption authority (Milwaukee, Wisconsin – )

Cancun, Mexico) )

_____________________________________ )

APPLICATION OF AIRTRAN AIRWAYS, INC.

FOR RENEWAL OF EXEMPTION

Communications with respect to this document should be sent to:

Bob Jordan Robert W. Kneisley

 President Associate General Counsel

AIRTRAN AIRWAYS, INC. Leslie C. Abbott

9955 AirTran Boulevard Senior Attorney

Orlando, FL 32827 SOUTHWEST AIRLINES CO.

 1901 L Street, N.W., Suite 640

Washington, D.C. 20036 

 bob.kneisley@wnco.com

(202) 263-6284

May 3, 2012

NOTICE: Any person may file an answer to this Application in this docket and 

served on the persons listed above, on or before May 17, 2012. AIRTRAN WILL 

POLL THE U.S. CARRIERS ON THE ATTACHED SERVICE LIST REGARDING THIS 

APPLICATION AND WILL NOTIFY THE DEPARTMENT OF THE RESULTS AS 

SOON AS POSSIBLE.
1

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_____________________________________

Application of )

)

AIRTRAN AIRWAYS, INC. )

) Docket No. OST-2010-0146

under 49 U.S.C. § 40109 for renewal of )

exemption authority (Milwaukee, Wisconsin – )

Cancun, Mexico) )

_____________________________________ )

APPLICATION OF AIRTRAN AIRWAYS, INC.

FOR RENEWAL OF EXEMPTION

Pursuant to 49 U.S.C. § 40109, AirTran Airways, Inc. (“AirTran”)1hereby applies 

for renewal of exemption authority to engage in scheduled foreign air transportation of 

persons, property, and mail between Milwaukee, Wisconsin (“MKE”) and Cancun, 

Mexico (“CUN”). The Department of Transportation (“DOT”) originally awarded this 

exemption authority to AirTran by Notice of Action Taken on June 23, 2010 in this 

Docket. The current exemption is scheduled to expire on June 23, 2012.2To ensure 

no interruption of scheduled service, AirTran respectfully requests prompt renewal of its 

exemption authority for a minimum of two years. 

Renewal of the subject exemption is in the public interest for the same reasons 

that supported the original issuance of authority for AirTran’s MKE-CUN service. 

AirTran’s service has provided consumers with high-quality, low-cost travel options and 

 

1

AirTran Airways, Inc. is a wholly owned subsidiary of Southwest Airlines Co.

2

To the extent necessary, AirTran relies upon the automatic extension provisions of 5 U.S.C. § 558(c) to maintain the 

subject authority in effect beyond the expiration date, pending DOT action on this Application. 
2

low-fare competition in this market using Stage III Boeing 737-700 aircraft configured for 

137 seats. Continuation of this service is in the public interest. 

AirTran continues to be fit, willing and able to conduct the services described in 

this Application. In fact, the Department recently granted AirTran exemption authority to 

provide service in several other U.S. – Mexico markets including MDW-CUN, AUSCUN, DEN-CUN, MDW-CUN, SAT-CUN, SAT-MEX, SNA-MEX, and SNA-SJD. See 

Dockets OST-2012-0001 (MDW-CUN), OST-2012-0007 (AUS/DEN-CUN) and OST2011-0205 (SAT-CUN/MEX and SNA-MEX/SJD). AirTran requests that the Department 

take official notice, pursuant to Rule 24 of the Department's Rules of Practice, of all data 

on file with the Department necessary to establish AirTran's fitness.

The requested renewal of exemption authority is fully consistent with the terms of 

the U.S.-Mexico Air Transport Agreement (Agreement), as amended by the two 

governments on December 12, 2005. The Agreement authorizes air carriers 

designated by the U.S. to operate “[f]rom a point or points in the United States to a point 

or points in Mexico.” Annex I(A)(1)(a). Pursuant to the amended Agreement, three U.S. 

carrier designations are authorized on U.S. – CUN routes. Annex I(B)(5), and AirTran 

serves MKE-CUN as one of three designated U.S. airlines.
3

WHEREFORE, AirTran Airways, Inc. respectfully requests renewal of its

exemption authority under 49 U.S.C. § 40109 for a minimum of two years to provide 

scheduled foreign air transportation of persons, property, and mail between Milwaukee, 

Wisconsin and Cancun, Mexico. 

Respectfully submitted,

______________________

Robert W. Kneisley

May 3, 2012
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CERTIFICATE OF SERVICE

I hereby certify that on May 3, 2012, a copy of the foregoing was served via email on the following persons:

msinick@ssd.com (Alaska Airlines)

carl.nelson@aa.com (American Airlines)

sascha.vanderbellen@delta.com (Delta Air Lines)

robert.cohn@hoganlovells.com (Frontier Airlines)

jhill@dowlohnes.com (JetBlue Airways)

dkirstein@yklaw.com (Spirit Airlines)

John.Fredericksen@suncountry.com (Sun Country Airlines)

dan.weiss@united.com (United Air Lines)

howard_kass@usairways.com (US Airways)

pmurphy@lopmurphy.com (USA3000)

jegillick@zsrlaw.com (Virgin America)

susan.kurland@dot.gov

paul.gretch@dot.gov

brian.hedberg@dot.gov

brett.kruger@dot.gov

Barry Bateman

Airport Director

General Mitchell International Airport

bbateman@mitchellairport.com

info@airlineinfo.com

__________________________

Leslie C. Abbott