BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2011-0155

S.A.P.I. DE C.V. d/b/a VOLARIS )

)

for an exemption from 49 U.S.C. §41301 )

)

APPLICATION FOR RENEWAL OF EXEMPTION

Communications with respect to this

document should be addressed to:

Charles F. Donley II

SQUIRE SANDERS (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(202) 626-6840

charles.donley@squiresanders.com

Counsel to Concesionaria Vuela Compañía de

Aviación, S.A.P.I. de C.V. d/b/a Volaris

DATED: August 28, 2013
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2011-0155

S.A.P.I. DE C.V. d/b/a VOLARIS )

)

for an exemption from 49 U.S.C. §41301 )

)

APPLICATION FOR RENEWAL OF EXEMPTION

Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. d/b/a Volaris

(“Volaris”) hereby requests renewal of the exemption authority granted to it by the

Department of Transportation (“Department”) in the above-captioned docket to perform

scheduled foreign air transportation of persons, property and mail between Mexico City,

Mexico, on the one hand, and Chicago, Illinois, on the other hand. Volaris requests

renewal of this exemption for a one-year period on its existing terms and conditions.1

Volaris relies upon the provisions of the Administrative Procedure Act and Part 377 of

the Department’s procedural regulations to continue its existing authorization in force

pending a final decision on this renewal request.

1 Volaris requests that the Department remove the reference to Midway in its exemption so that it is clear

Volaris may serve Midway and/or O’Hare airports.
Application of Concesionaria Vuela Compania de

Aviacion, S.A.P.I. de C.V. d/b/a Volaris

August 28, 2013

Docket DOT-OST-2011-0155

- 2 -

As indicated below, all of the factors that originally led the Department to grant

this exemption to Volaris continue in existence at the present time. In further support of

its request for renewal, Volaris states as follows:

1. Volaris holds exemption authority to operate scheduled service in the

Mexico City-Chicago market. Volaris operates regular flights on this route using

A319/A320 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 While the

route for which renewal is requested is within the scope of the U.S.-Mexico bilateral, all

Mexican carrier designations for this route are held by other carriers including Mexicana,

which has not operated since August 2010. In response to the Government of Mexico’s

request and based on the overall state of aviation relations between the United States and

Mexico, the Department granted exemption authority to Volaris to serve this route, as

2 Annex I(A)2(a)
Application of Concesionaria Vuela Compania de

Aviacion, S.A.P.I. de C.V. d/b/a Volaris

August 28, 2013

Docket DOT-OST-2011-0155

- 3 -

well as certain others, on an interim basis during Mexicana’s suspension of service

recognizing that doing so was consistent with the public interest.3

3. Volaris will continue to accept from the Department a condition

permitting it to operate in the Mexico City-Chicago market only until Mexicana resumes

flight operations on this route. To the extent passengers may hold Volaris tickets for this

route and Volaris is required to cease service on the route, Volaris will accommodate

such passengers on another Mexican or U.S. carrier or provide them with full refunds.

4. 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.

5. This renewal application raises no environmental or energy issues.

Similarly, approval of the application will not result in a near term increase in fuel

consumption of ten million gallons or more.

WHEREFORE, Concesionaria Vuela Compañía de Aviación, S.A. de C.V. d/b/a

Volaris (“Volaris”) respectfully requests that the exemption granted to it in the abovecaptioned docket be renewed for an additional one-year period on its existing terms and

conditions.

3

See, e.g., Notice of Action Taken, DOT-OST-2011-0117, July 11, 2011 (“In light of the specific
Application of Concesionaria Vuela Compania de

Aviacion, S.A.P.I. de C.V. d/b/a Volaris

August 28, 2013

Docket DOT-OST-2011-0155

- 4 -

Respectfully submitted,

/s/ Charles F. Donley II

___________________________________

Charles F. Donley II

SQUIRE SANDERS (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(202) 626-6840

charles.donley@squiresanders.com

Counsel to Concesionaria Vuela Compañía de

Aviación, S.A.P.I. de C.V. d/b/a Volaris

DATED: August 28, 2013

circumstances in this case, we find that grant of Volaris’ request for extrabilateral authority, as conditioned,

is consistent with the public interest.”)
CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application for Renewal of

Exemption has this day been served on all persons identified on the attached service list

via e-mail.

/s/ Charles F. Donley II

______________________________

Charles F. Donley II

DATED: August 28, 2013

sascha.vanderbellen@delta.com; sametta.c.barnett@delta.com

steve.morrissey@united.com; dan.weiss@united.com

patrick.rizzi@hoganlovells.com

msinick@ssd.com

bob.kneisley@wnco.com

howard_kass@usairways.com; benjamin.slocum@usairways.com

jhill@dowlohnes.com

mlbenge@zsrlaw.com

dkirstein@yklaw.com

robert.wirick@aa.com; francis.heil@aa.com

pmurphy@lopmurphy.com; pmurphy@ggh-airlaw.com

barbara.russell@virginamerica.com

AGoerlich@ggh-airlaw.com