323089/1/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2011-0117

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

)

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

)

APPLICATION FOR AMENDMENT AND RENEWAL OF EXEMPTION

Communications with respect to this

document should be addressed to:

Charles F. Donley II

SQUIRE PATTON BOGGS (US) LLP

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

Washington, D.C. 20036

(202) 626-6840

charles.donley@squirepb.com

Counsel to Concesionaria Vuela Compañía de

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

DATED: June 10, 2014
323089/1/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2011-0117

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

)

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

)

APPLICATION FOR AMENDMENT AND RENEWAL OF EXEMPTION

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

(“Volaris”) hereby requests amendment and 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:

(1) Monterrey, Mexico, and Chicago, Illinois;

(2) Mexico City, Mexico, and Las Vegas, Nevada; and

(3) Mexico City, Mexico, and Los Angeles, California.

Volaris requests renewal of this exemption for a one-year period on its existing terms and

conditions, except that Volaris requests an amendment to remove Midway from its

Monterrey-Chicago authority to make this route description consistent with Volaris’ other
Application of Concesionaria Vuela Compania de

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

June 10, 2014

Docket DOT-OST-2011-0117

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323089/1/WASHINGTON

Mexico-Chicago authority.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.

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 services in the

Monterrey-Chicago, Mexico City-Las Vegas and Mexico City-Los Angeles markets.2

Volaris operates regularly on these routes 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.”3 While the

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

all Mexican carrier designations for these routes are held by other carriers including

1 Volaris’ current exemption for this route specifies Monterrey, Mexico-Chicago (Midway), Illinois. Volaris

requests that the route description state Monterrey, Mexico-Chicago, Illinois, to accurately reflect the

flexibility accorded U.S. and Mexican carriers to serve Midway and/or O’Hare.

2 Notice of Action Taken, Docket DOT-OST-2011-0117, July 3, 2013

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

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

June 10, 2014

Docket DOT-OST-2011-0117

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323089/1/WASHINGTON

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 these

routes on an interim basis during Mexicana’s suspension of service, recognizing that

doing so was consistent with the public interest.4

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

permitting it to operate in the Monterrey-Chicago, Mexico City-Las Vegas and Mexico

City-Los Angeles markets only until Mexicana resumes flight operations on these routes.

To the extent passengers may hold Volaris tickets for one of the routes 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.

4 Notice of Action Taken, Docket DOT-OST-2011-0117, July 11, 2011 (“In light of the specific

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

is consistent with the public interest.”); Notice of Action Taken, Docket DOT-OST-2011-0117, July 3, 2013

(“We find that grant of Volaris’ request for renewal of this extrabilateral authority, as conditioned, remains

consistent with the public interest.”)
Application of Concesionaria Vuela Compania de

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

June 10, 2014

Docket DOT-OST-2011-0117

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323089/1/WASHINGTON

5. This application raises no environmental or energy issues. Similarly,

approval of this 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 amended and renewed for an additional one-year period, as more

fully described herein.

Respectfully submitted,

/s/ Charles F. Donley II

___________________________________

Charles F. Donley II

SQUIRE PATTON BOGGS (US) LLP

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

Washington, D.C. 20036

(202) 626-6840

charles.donley@squirepb.com

Counsel to Concesionaria Vuela Compañía de

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

DATED: June 10, 2014
323089/1/WASHINGTON

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application for Amendment and

Renewal of Exemption has this day been served via email on all persons identified below.

/s/ Charles F. Donley II

______________________________

Charles F. Donley II

DATED: June 10, 2014

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