BEFORE THE

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

Application of ) 

 ) 

ALASKA AIRLINES, INC. ) Docket DOT-OST-2010- _______

 ) 

for an exemption pursuant to 49 U.S.C. 40109 ) 

(San Diego-Puerto Vallarta) ) 

 ) 

APPLICATION FOR EXEMPTION

Communications with respect to this document should be addressed to: 

Kyle Levine, Esq. Marshall S. Sinick, Esq. 

Associate General Counsel, Squire, Sanders & Dempsey L.L.P. 

 Commercial Law and Litigation 1201 Pennsylvania Avenue, N.W. 

Alaska Airlines, Inc. Washington, D.C. 20004 

19300 International Boulevard (202) 626-6651 

Seattle, Washington 98188 msinick@ssd.com

Megan Lawrence, Esq. Counsel to Alaska Airlines, Inc. 

Managing Director, Government Affairs 

 and Community Relations 

Alaska Airlines, Inc. 

19300 International Boulevard 

Seattle, Washington 98188 

DATED: April 21, 2010 
BEFORE THE

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

Application of ) 

 ) 

ALASKA AIRLINES, INC. ) Docket DOT-OST-2010- _______

 ) 

for an exemption pursuant to 49 U.S.C. 40109 ) 

(San Diego-Puerto Vallarta) ) 

 ) 

APPLICATION FOR EXEMPTION

 Pursuant to 49 U.S.C. 40109, 14 C.F.R. 302 and the Economic and Procedural 

Regulations of the Department of Transportation (the “Department”), Alaska Airlines, Inc. 

(“Alaska”) hereby requests an exemption from 49 U.S.C. 41101 and, to the extent 

necessary, from the Department’s regulations to permit Alaska to engage in the scheduled 

seasonal foreign air transportation of persons, property and mail between San Diego, 

California, and Puerto Vallarta, Mexico. Alaska requests that this exemption be granted for 

at least a two-year period. Alaska intends to begin seasonal service on this route on 

November 12, 2010, and requests prompt approval so that marketing and selling can begin 

without delay. 

 In further support of its exemption request, Alaska states as follows: 

 1. Alaska’s principal headquarters are located at 19300 International 

Boulevard, Seattle, Washington. Alaska is incorporated under the laws of the State of 
Application of Alaska Airlines, Inc. 

Docket DOT-OST-2010-____ 

April 21, 2010 

2

Alaska and is a wholly-owned subsidiary of Alaska Air Group, Inc. (“AAG”). AAG is 

incorporated under the laws of the State of Delaware. 

 2. Alaska is a citizen of the United States within the meaning of 49 U.S.C. 

40102(a)(15). The president and at least two-thirds of Alaska’s directors and other 

managing officers are U.S. citizens. Additionally, to Alaska’s knowledge, U.S. citizens 

hold at least seventy-five percent of Alaska’s voting stock. 

 3. Alaska has repeatedly been found fit, willing and able to provide interstate 

and foreign air transportation. The Department is requested to take official notice of 

Alaska’s continuing fitness. See, e.g., Order 00-5-31. 

 4. Alaska will operate seasonal service between San Diego and Puerto 

Vallarta beginning November 12, 2010. Service is expected to continue until mid-April 

2011, and will resume for each winter/spring season thereafter. Initial plans call for the 

operation of daily roundtrip flights utilizing B737-400 aircraft. Alaska’s proposed 

schedule is attached to this application as Exhibit A. 

 5. 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 U.S. carriers to operate 

from “a point or points in the United States to a point or points in Mexico.”1

 

Additionally, the December 2005 agreement permits the United States to designate up to 

three carriers to serve Puerto Vallarta from any U.S. point. The route covered by this 

application is clearly within the scope of the amendments to the Air Transport Agreement 

 

1

 Annex I(A)1(a) 
Application of Alaska Airlines, Inc. 

Docket DOT-OST-2010-____ 

April 21, 2010 

3

and Alaska believes sufficient designations are available for its proposed service. All 

public interest considerations are therefore satisfied. 

 6. Alaska submits that its application raises no environmental or energy 

issues. Alaska’s flights will be operated with aircraft that meet all applicable noise 

abatement requirements. Nor will approval of this application result in an increase in fuel 

consumption of ten million gallons or more.

WHEREFORE, Alaska Airlines, Inc. respectfully requests that the Department 

of Transportation grant Alaska exemption authority for two years to operate seasonal 

scheduled service in foreign air transportation as more fully described herein, or such 

other relief as the Department deems necessary and appropriate. 

 Respectfully submitted, 

 ____________________________ 

 Marshall S. Sinick, Esq. 

 Squire, Sanders & Dempsey L.L.P. 

 1201 Pennsylvania Avenue, NW 

 Washington, D.C. 20004 

 Phone: (202) 626-6651 

 Msinick@ssd.com

 

 Counsel to Alaska Airlines, Inc. 

DATED: April 21, 2010
Exhibit A 

Alaska Airlines, Inc.

Proposed Seasonal Schedule 

 Dep Arr Type Seats Days of Operation Effective Fuel (gal)

SAN-PVR 1015 1455 737-400 144 Daily 11/12/2010 1,800 

PVR-SAN 1540 1635 737-400 144 Daily 11/12/2010 2,300 

 
CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoing Application for Exemption has this 

day been served on each of the following individuals via e-mail.

 ________________________ 

 Marshall S. Sinick, Esq. 

DATED: April 21, 2010 

hkamen@coair.com; dan.weiss@coair.com

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

jeffrey.manley@united.com

anbird@fedex.com

dvaughan@kelleydrye.com; dfisher@kelleydrye.com

efaberman@wrf.com

howard_kass@usairways.com

dkirstein@yklaw.com

jhill@dowlohnes.com

mlbenge@zsrlaw.com

pmurphy@lopmurphy.com

carl.nelson@aa.com

brian.gillman@mesa-air.com

Linda.lundell@dot.gov

esta.rosenberg@dot.gov

brian.hedberg@dot.gov