BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON , D . C . Application of UNITED PARCEL SERVICE CO. for an am e nded C e rt i ficate of Public Convenience and Ne cessity , an Exemption , and a designation under the U.S .- Mex i co Air S e rv i ce Agreement Dock ets OST-2011-0076 OST-1999-6663

APPLICATION OF UN I TED PARCEL SERVICE CO. Communica tions with r espect to th is document shou ld be sent to : 

### Donta; L. Sm alls United Parce l Servic e Co. Pu blic Affai rs 

### 316 Pennsylva nia Aven ue , S. E. Was h ing l on . DC 

### 20003 ds mall s@ ups .c om 

### Em ily Johnson United Parcel Service Co. 1400 N . H urstb o u me Pa rkway Louis v ille , KY 

### 40223 emily j ohn son@uPs. co m

D ated : Feb r uary 

### 2 . 2015 An i ta M . Masne r Jenn i fer M . 

### Nowak HOLLAND & KNIGHT LLP 800 1i h Street , N .W ., Sui t e 1100 Was h i ngl o n , D . C . 

### 200 0 6 Phone : 

### (202) 419- 2 604 Fax : 

### (202) 955 -5564 ani ta . mosn er @hklaw.com Atlorneys fo r UNITED PARCEL SERVICE CO .



### NOTICE: United Parcel Service Co . will 

### poll carrier representatives served with this appl i cation.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON , D . C. Application of UNITED PARCEL SERVICE CO . for an amended Certificate of Public Convenience and Necessity, an Exemption, and a designation under the U . S . -Mexico Air Service Agreement Dockets OST-2011-0076 OST -1999-6663

APPLICATION OF UNITED PARCEL SERVICE CO . Pursuanl to 49 U.S . C . 

### §§ 40109 and 41101, and Part 302 of the Rules of Pract ice of the D epartment , Un ited Parce l Service Co . ("U P S") hereby app lies for an amendment of its U .S.- Mex ico Certificate of Public Convenience and Necess ity and a 

### related E xemption , as well as a designat io n under the U . S .- Me xico A i r Transport Agreement (" U . S .- Me xi co Agreement"), 1 authorizing it 

### to provide scheduled foreign air 

### transportation of property and mail between Houston , Te xas (IAH) and Monterrey , Mexi co (MTY) . UPS wishes to launch this service in the near future , and is accordingly seeking expedited relief from the Department. UPS will poll all interested carriers served with this Applicat i on . I n support of thi s Application, UPS submits the foll owing : 1 . UPS is a c itizen of the Un ited States as that te rm is defined i n the Fed e ral Aviation Act. UPS is a Delaware co rpora tion whose mailing address is 1400 North

j U . S . -Mexico Ai r Transport S e rvices Agreement of August 15 , 1960 , as amended an d expanded .

### Application of United Parcel Service Co. U . S.-Mexico Authority (IAH - MTY) Hurstborne Parkway , Louisville , Kentucky 

### 40223 . All officers , directors , shareholders of UPS , persons who have the power to influence the management of the applicant , or persons hold i ng any voting interest in the applicant are U .S . cit izens . 

### 2. UPS holds various Certificates of Public Convenience and Necessity issued by the Department authoriz i ng UPS to engage i n all-cargo air transportation . 

### See Order No . 2002-7-31 (July 25 , 2002) , Order No . 2001-1-6 (January 10 , 2001) ; Order No. 98 - 6-22 (June 25 , 1998). As such , DOT has determined on numerous occasions that UPS is fit , willing and able to provide the proposed service and to conform to the provisions of the Federal Av i at i on Act and the rules , regu l at i ons and requ i rements of the , 

### Department thereunder . UPS requests that the Department take official notice , pursuant to 14 C.F . R. 

### § 302.24 of the economic authorities and data on file that support UPS' f itness. 3. UPS currently holds authority to operate scheduled all - cargo service between the U.S . and Mexico pursuant to its Certificate of Public Convenience and Necessity for Route 569 , wh i ch was first issued in 1989 , and was most recently renewed in 

### 2013 . 2 

### UPS requests that the Department amend this Certifi cate to in clude authority to operate scheduled foreign air transportation of property and mail between IAH and MTy .3 As UPS intends to commence service on th is routing i n the very nearfuture , UPS also requests exemption authority pursuant to the Department's streamlined licensing

2 See Order 89 -9-36 ( Sep . 15 , 1989 ) , most rece ntly ren ewed by DOT Order 2 01 3 -7-7 ( M ay 8, 2013 ) . UP S a l so hol d s exempt ion auth o rity to operate between los An g e les (l AX) an d Guadalajara (GDl) . See Notice of Act ion Taken , Docket No . OST-2000-7282 (May 1 , 2013) . 3 UP S asks that the Department al ign the exp iration date of the added route w ith the balan ce of the Ce rtificate , wh ich is set to exp i re on Jul y 8 , 20 18.

### Application of United Parcel Service , Co. U.S . -Mexico Authority (IAH-MTY) 

### procedures , in order to commence this service while the Department cons i ders its Certificate amendment request. 4 

### 4 . UPS proposes to operate year round serv ic e with 4 weekly fl ights between IAH and MTY , using an A300 aircraft with a payload capacity of 118 , 000 pounds that is currently in UPS' fleet. UPS wishes to commence the services described herein on or before May 26 , 2015 , and therefore requests expedited approval of this Appl i cation . 5 . The requested authority is fully consistent with the terms of the U.S.- Me xico Agreement . Wh il e the U . S .-Mexi co Agreement currently li m its the number of available scheduled all-cargo designations , UPS understands that no U.S. all-cargo carrier is c urrently designated to operate between Houston and Monterrey , and that this designation is available . UPS requests that the Department promptly designate UPS to provide service on this route . 6 . Granting UPS amended certificate and exemption authority and a designation to operate between Houston and Monterrey i s clearly in the public interest. Approval will maximize the rights granted under the U . S .- Mexico Agreement and provide additional compet itive options for shipp i ng services between the U.S. and Mexico , which will benefit U . S . shippers . 

### 7 . The grant of this Application will not const itute a "major" regulatory act ion under the Energy , Policy and Conservation Act of 1975 , as defined by Section 313.4(a)(1) of the Department 's regulations . The grant of this Application will resu lt i n an increase in fuel consumption of less than 10 million gallons . UPS has adequate fuel available for the services proposed . 4 

### See In the Matter of Streamlining Regu la tory Procedures for Licensing U .S . and Foreign Carriers , Docket No . OST-2005-22228 (Aug . 26 , 2005) .Application of United Parcel Service , Co . U . S . -Mexico Authority (IAH-MTY) 8 . UPS agrees to accept and comply with all terms and conditions the Department routine ly attaches to exempt i on and certificate authority for scheduled foreign air transportation . 9 . UPS asks that the exemption authority requested be made effective i mmediately and remain in effect for two years , or until the Department grants the requested amended certificate authority . WHEREFORE , UPS respectfully requests that the Department grant UPS the amended certificate authority , exemption authority , and des i gnation requested herein , and grant such other further relief as the Department may deem necessary .

Anita M . Mosner Jennifer M. Nowak Holland & Knight LLP Attorneys for United Parcel Service Co.

### CERTIFICATE OF SERVICE I hereby ce rt ify that I have this date served the foregoing application on the persons id enti fie d below by caus i ng a copy to be sent by electronic mail. howard . kass@aa . com robert .wirick@aa . com dan . we iss @united .com steve . morrissey@uniled . com nssparks@ fe dex . com gb leopard@fedex . com j richardson@johnl richardson . com (Counsel for Amerijet) jc anny@amerijet.com jh ill@coo l ey.com (Counse l for H awa iia n and JetBlue) perkmann@cooley . com (Cou n sel for Hawai i an and JetBlue) joh n .fred er i cksen@suncounlry . com thomas . t in g@sun cQunlry . com robert . kneisl ey @wnco . com lesJie .abbott@wnco.com rnatwood@cQzen . com (Cou nse l for Front ie r) slachter@cQzen .com (Counsel for Frontier) jyoung@ykl aw . com (Counsel for Spirit) dkirslein@yklaw .com (Cou nsel for Spirit) dheffernan@cozen . com (Counsel for Alaska) Je remy . ross@alaskaair .com rSilverberg@sgbdc .com (Counsel for ABX) Ba rba ra .russe ll@virgina me rica . com John . va rley@virg i namerica .com rpommer@atiasair . com brett . kruger@dot.com joh n. s .duncan@ faa . gov cristinasa@state . g ov

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