BEFORE 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 

del 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 del 

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

exemption application are due on May 13, 2014. 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.
BEFORE 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 

that the Department amend TAME’s foreign air carrier permit to enable it to engage in 

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 it may exercise the rights requested in this Application prior to the 

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

Notice of August 23, 2005 (Docket No. OST-2005-22228) (the “August 23, 2005 Notice”), 

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

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

Department issue a single order (1) granting the requested exemption authority for a oneyear period or until after the effective date of the requested amended permit authority and 

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

procedures 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 authorizing scheduled foreign air 

transportation of persons, property and mail to New York, New York from 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 requested 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 fatal

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 sought in 

this application. TAME’s proposed service will result in increased travel choices, greater 
service options, and enhanced competition, 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 requests 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 EP
CERTIFICATE OF SERVICE

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

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

exemption has been served this 28th day of April, 2014, 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

Anita 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.gov
TABLE OF EXHIBITS

Exhibit A Designation from the DGAC

Exhibit B Estimate of Traffic and Financial Forecast for Proposed Operations

Exhibit C Verification
Exhibit A

Designation

(Attached)