B EFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ )

Application of )

)

EMPRESA PUBLICA TAME LINEA AEREA )

DEL ECUADOR TAME EP ) Docket No. OST

- 2013

- 0085

)

for an exemption under 49 U.S.C. § 40109 and )

amended foreign air carrier permit )

under 49 U.S.C. § 41301 )

( Quito

– Fort Lauderdale ) )

__________________________________________)

APPLICATION FOR EXEMPTION AND

AMENDED FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be addressed to:

Josh Romanow

Peter Nelson

PILLSBURY WINTHROP

SHAW PITTMAN LLP

2300 N Street, NW

Washington, DC 20037

Phone: (202) 663

- 8000

Fax: (202) 663

- 8007

Email: romanow@pillsburylaw.com

peter.nelson @pillsburylaw.com

Counsel for Empresa Publica TAME Linea Aerea

d el Ecuador TAME EP

April 28 , 2014

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

serving a copy of the answer on counsel for Empresa Publica TAME Linea Aerea d el

Ecuador TAME EP and upon each person served with this application. Answers to the

exemption application are due on May 13 , 201 4

. Answers to the permit application are due

on May 19, 2014. TAME intends to poll parties on the service list and will advise the

Department of the results.B EFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ )

Application of )

)

EMPRESA PUBLICA TAME LINEA AEREA )

DEL ECUADOR TAME EP ) Docket No. OST

- 2013

- 0085

)

for an exemption under 49 U.S.C. § 40109 and )

amended foreign air carrier permit )

under 49 U.S.C. § 41301 )

( Quito

– Fort Lauderdale ) )

__________________________________________)

APPLICATION FOR EXEMPTION AND

AMENDED FOREIGN AIR CARRIER PERMIT

Pursuant to 49 U.S.C. §§40109 and 41301, Part 211 of the Department’s economic

regulations, and the Department’s rules of practice, Empresa Publica TAME Linea Aerea

del Ecuador TAME EP (“TAME”), a foreign air carrier of Ecuador, respectfully requests

t hat the Department amend TAME ’s foreign air carrier permit to enable it to engage i n

scheduled foreign air transportation of persons, property, and mail between Quito, Ecuador,

on the one hand, and Fort Lauderdale , Florida, on the other hand.

TAME also requests exemption authority under 49 U.S.C. § 40109 to the extent

necessary so that i t may exercise the rights requested in this Application prior to the

issuance of the amended foreign air carrier permit. Consistent with the Department’s

N otice of August 23, 2005 (Docket No. OST

- 2005

- 22228) (the “August 23, 2005 Notice”),

TAME requests tha t the Department process this application on an expedited basis and

grant TAME an amended foreign air carrier permit so that it can begin offering theproposed services as soon as possible. In this regard, TAME respectfully requests that the

Department is sue a single order (1) granting the requested exemption authority for a one

year period or until after the effective date of the req uested amended permit authority and

(2) approving amended foreign air carrier permit authority under the streamlined

procedu res set forth in the August 23, 2005 Notice, unless the Department deems it

appropriate to proceed directly to a final order issuing an amended foreign carrier permit to

TAME.

In support of its application, TAME states as follows:

1. TAME holds a Foreign Air Carrier Permit authorizin g scheduled foreign air

transportation of persons, property and mail to New York, New York fr om Guayaquil

and /or Quito, Ecuador, and authority to engage in charter foreign air transportation, subject

to the Department’s regulations governing charters ( See Order 2013

- 10

- 5).

2. TAME seeks authority to conduct scheduled foreign air transportation of

persons, property, and mail, between Quito, Ecuador, on the one hand, and Fort

Lauderdale, Florida, on the other hand . TAME intends to operate these flights using

Airbus A320 and A319 aircraft configured to carry up to 162 and 145 passengers,

respectively. In certain situations, TAME may utilize its Airbus A330 aircraft, configured

to carry up to 278 passengers. TAME proposes initially to operate 7 flights per week

beginning in late May 2014; frequencies may increase in the future depending on market

demand.

3. The authority requested herein is consistent with the overall comity and

reciprocity between the United States and Ecuador and the provisions of the U.S.

- Ecuador

Air Transport Agreement of September 26, 1986, as amended by the 2010 Protocol (the“U.S.

- Ecuador Agreement”) . TAME is a flag carrier of Ecuador and has been authorized

and designated by the Dirección General de Aviación Civil del Ecuador (“DGAC”) to

perform scheduled services on the routes re quested herein. A copy of TAME’s designation

from the DGAC is attached hereto as Exhibit A

.

4. TAME hereby incorporates by reference the information contained in its

April 23, 2013 application for an exemption and foreign air carrier permit ( See Docket

OST

- 2013

- 0085).

5. A copy of TAME’s Air Operator Certificate is incorporated by reference

from its April 23, 2013 application ( See Docket OST

- 2013

- 0085).

6. An estimate showing the total traffic and financial results of the proposed

service for the first full year of normal operations is attached hereto as Exhibit B

.

7. Grant of the authority sought herein will not result in a near term increase in

fuel consumption of ten million gallons or more, and therefore will not comprise a “major

regulatory action” under the Energy Policy and Conservation Act of 1975, as defined in 14

C.F.R. § 313(a)(1).

8. TAME has not been involved in any safety or tariff violations or any fata l

accidents in the past five years.

9. TAME’s maintenance program continues to comply with the provisions of

ICAO Pilots and Airmen Annexes 1, 6 (Part 1) and 7.

10. Verification: The verification required by 14 C.F.R. § 302.4(b) is attached

hereto as Exhibit C

.

11. TAME is fit, willing, and able to successfully operate the services sou ght in

this application . TAME’s proposed service will result in i ncreased travel choices, greaterservice options, and enhanced c ompetition, thereby benefiting the public interest and

travelers in both Ecuador and the United States.

WHEREFORE, based upon the foregoing information Empresa Publica TAME

Linea Aerea del Ecuador TAME EP respectfully request s that it be granted an exemption

and amended foreign air carrier permit to engage in scheduled foreign air transportation of

persons, property and mail as more fully described above.

April 28 , 2014 Respectfully submitted,

Josh Romanow

Peter Nelson

PILLSBURY WINTHROP

SHAW PITTMAN LLP

2300 N Street, NW

Washington, DC 20037

Phone: (202) 663

- 8000

Fax: (202) 663

- 8007

Email: romanow@pillsburylaw.com

peter.nelson @pillsburylaw.com

Counsel for Empresa Publica TAME Linea Aerea

del Ecuador TAME EPC ERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing application of Empresa Publica TAME

Linea Aerea del Ecuador TAME EP for a n amended foreign air carrier permit and

exemption has been served this 28 th day of April , 201 4 , upon each of the parties below by

electronic mail.

Sascha Vanderbellen

Chris Walker

Delta Airlines

sascha.vanderbellen@delta.com

chris.walker@delta.com

Robert Wirick

Howard Kass

American Airlines, Inc.

robert.wirick@aa.com

howard.kass@ aa .com

A nita Mosner

Jennifer Nowak

Counsel for UPS

Holland & Knight

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

Russell E. Pommer

Atlas Air

russell.pommer@atlasair.com

/s/Melinda A. Hernandez

Melinda A. Hernandez Bailey Leopard

Nancy S. Sparks

Federal Express Corporation

gbleopard@fedex.com

nssparks@fedex.com

Kent George

Steve Belleme

Broward County Aviation Department

kgeorge@broward.org

sbelleme@broward.org

Malcolm L. Benge

Counsel for North American Airlines

Zuckert Scoutt & Rasenberger, L.L.P.

mlbenge@zsrlaw.com

Dan Weiss

Steve Morrissey

United Air Lines

steve.morrissey@united.com

dan.weiss@ united .com

James Jelinski

Aviation Safety Inspector Supervisor

Federal Aviation Administration

jamesr.jelinski@faa.govTABLE OF EXHIBITS

Exhibit A Designation from the DGAC

Exhibit B Estimate of Traffic and Financial Forecast for Proposed Operations

Exhibit C VerificationExhibit A

Designation

(Attached)