BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

In the matter of the application of ) 

 ) 

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

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

 ) 

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

 )

APPLICATION FOR EXEMPTION

 Communications with respect to this 

 document should be addressed to: 

 Alfonso Ascencio Triujeque 

 Director Juridico 

 Concesionaria Vuela Compañía de Aviación, 

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

 Av. Prolongacion Paseo de la Reforma 490, Piso 1 

 Col. Santa Fe Pena Blanca 

 Mexico D.F. 01210 Mexico 

 alfonso.ascencio@volaris.com.mx

DATED: June 20, 2011
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

In the matter of the application of ) 

 ) 

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

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

 ) 

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

 )

APPLICATION FOR EXEMPTION

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

(“Volaris”), pursuant to the provisions of Title 49 of the United States Code and Subpart 

C of the Department of Transportation’s (“Department”) Rules of Practice, hereby 

requests an exemption from 49 U.S.C. 41301 and from any other provisions of Title 49 

and the Economic Regulations of the Department to the extent necessary to permit 

Volaris to engage in the scheduled foreign air transportation of persons, property and 

mail between (i) Monterrey, Mexico, and Chicago (Midway), Illinois; (ii) Mexico City, 

Mexico, and Las Vegas, Nevada; and (iii) Mexico City, Mexico, and Los Angeles, 

California. Volaris requests an exemption valid for a one-year period, limited and 

conditioned as described herein. Volaris will commence service on these routes shortly 

after receipt of the Department’s approval. 
Application of Concesionaria Vuela Compañía de Aviación, 

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

Docket DOT-OST-2011-________ 

June 20, 2011 

 - 2 - 

 Volaris submits it is fit, willing and able to perform these services and that the 

services are clearly consistent with the public interest. In support of its application, 

Volaris states as follows: 

 1. Volaris is a low cost, low fare carrier that provides a high level of service, 

reliability, and safety for its passengers. Volaris began operations on March 13, 2006, 

and today serves numerous cities within Mexico with additional domestic and 

international expansion plans. Volaris’ principal base of operations is Adolfo López 

Mateos International Airport in the City of Toluca (TLC) in the Estado de México, 

located approximately 70 kilometers west of Mexico City. Volaris utilizes Airbus A319 

and A320 aircraft in all operations. All of Volaris’ aircraft are configured in a single 

class, with leather seats and generous pitch between seats, and are equipped with V2500 

engines manufactured by International Aero Engines. Volaris is a citizen of Mexico. 

 2. Volaris currently holds exemptions authorizing it to operate charter and 

various scheduled services to the United States.1

 The Department has previously found 

that Volaris is operationally and financially qualified to operate charter and scheduled 

 

1 See, Notices of Action Taken in Dockets DOT-OST-2009-0036, DOT-OST-2009-0071, DOT-OST-2009-

0119, DOT-OST-2009-0128, DOT-OST-2009-0242, DOT-OST-2009-0308, DOT-OST-2010-0035, DOTOST-2011-0020, DOT-OST-2011-0031 and DOT-OST-2011-0072 
Application of Concesionaria Vuela Compañía de Aviación, 

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

Docket DOT-OST-2011-________ 

June 20, 2011 

 - 3 - 

services between the United States and Mexico, and that it is properly licensed by the 

Government of Mexico to serve the United States.2

 3. Volaris requests authority from the Department, on a conditional and 

extrabilateral basis, to engage in scheduled combination foreign air transportation 

between (i) Monterrey and Chicago (Midway); (ii) Mexico City and Las Vegas; and (iii) 

Mexico City and Los Angeles. Volaris will utilize Airbus A319/A320 aircraft on these 

routes. Volaris requests that the Department approve its request on a conditional basis so 

that Volaris can provide substitute service on these three routes until Mexicana Airlines 

resumes service on them. 

 4. 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 

Monterrey-Chicago (Midway), Mexico City-Las Vegas and Mexico City-Los Angeles 

routes are within the scope of the U.S.-Mexico bilateral, Mexican carrier designations for 

these routes are not available currently. The designations for these routes are assigned to 

Mexicana as well as another Mexican carrier. Mexicana has not operated since late 

 

2 Id. 

3

 Annex I(A)2(a) 
Application of Concesionaria Vuela Compañía de Aviación, 

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

Docket DOT-OST-2011-________ 

June 20, 2011 

 - 4 - 

August 2010, shortly after it sought bankruptcy protection, and it remains subject to the 

supervision of the Mexican bankruptcy authorities. Under Mexican law, the Government 

of Mexico cannot re-assign (even temporarily) any of Mexicana’s designations while it is 

under the protection of the Concurso Mercantil (which is equivalent to U.S. bankruptcy 

procedures). As a result, Mexico is unable to substitute another Mexican carrier for 

temporary service on Mexicana’s routes, leaving a number of U.S.-Mexico routes with 

substantially decreased competition, fewer service options and higher fares. Volaris 

therefore requests approval of its application on a conditional basis allowing it to provide 

service on these three routes until Mexicana resumes flight operations on them. 

 5. Approval of Volaris’ application is justified and would be consistent with 

the state of aviation relations between the United States and Mexico. Neither the United 

States nor Mexico anticipated the exceptional circumstances that exist today in the U.S.-

Mexico market. The bilateral reflects both countries’ determination that at least two, and 

in many cases three, carriers of each side should at all times be permitted to operate in 

each market. Yet today, in a number of markets only a single Mexican carrier is 

operating and competing with multiple U.S. carriers. The bilateral’s designation 

provisions were never intended to, and ought not, be applied in a manner leading to 

unequal opportunities for one side. 

 
Application of Concesionaria Vuela Compañía de Aviación, 

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

Docket DOT-OST-2011-________ 

June 20, 2011 

 - 5 - 

 6. Included with this application is the Government of Mexico’s letter 

confirming the Concurso Mercantil’s restrictions and requesting the Department’s 

assistance and favorable consideration of Volaris’ application under the unique 

circumstances described above. The Mexican Government’s letter makes clear that any 

such authorization would be temporary and that it would not result in Mexican carrier 

operations on any U.S.-Mexico route in excess of the bilateral limit.4

 7. Volaris will accept from the Department a condition permitting it to 

operate in the Monterrey-Chicago (Midway), Mexico City-Las Vegas and Mexico CityLos Angeles markets until Mexicana resumes flight operations in the respective market. 

To the extent passengers may hold Volaris tickets for a route on which Volaris has 

ceased service, Volaris will accommodate such passengers on another Mexican or U.S. 

carrier or provide them with full refunds. 

 8. 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. 

 9. This exemption application raises no environmental or energy issues. All 

service will be operated with modern, Stage 3 aircraft that meet all applicable noise 

 

4

 Exhibit A 
Application of Concesionaria Vuela Compañía de Aviación, 

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

Docket DOT-OST-2011-________ 

June 20, 2011 

 - 6 - 

abatement requirements. Similarly, approval of this request 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.P.I. de C.V. 

d/b/a Volaris respectfully requests that it be exempted from 49 U.S.C. 41301 and the 

Department’s Regulations to the extent necessary to permit Volaris to provide scheduled 

combination service in foreign air transportation, as more fully described herein. 

 Respectfully submitted, 

 /s/ Alfonso Ascencio Triujeque 

 ______________________________________ 

 Alfonso Ascencio Triujeque 

 Director Juridico 

 Concesionaria Vuela Compañía de Aviación, 

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

 Av. Prolongacion Paseo de la Reforma 490, Piso 1 

 Col. Santa Fe Pena Blanca 

 Mexico D.F. 01210 Mexico 

 alfonso.ascencio@volaris.com.mx

DATED: June 20, 2011
CERTIFICATE OF SERVICE

 I hereby certify that the foregoing Application for Exemption has this day been 

served on all persons listed on the attached service list via e-mail, telecopier or first class 

mail, postage prepaid. 

 /s/ Alfonso Ascencio Triujeque 

 _________________________________ 

 Alfonso Ascencio Triujeque 

DATED: June 20, 2011 

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

dan.weiss@coair.com; steve.morrissey@united.com

efaberman@wrf.com

msinick@ssd.com

howard.kass@usairways.com; benjamin.slocum@usairways.com

jhill@dowlohnes.com

mlbenge@zsrlaw.com

dkirstein@yklaw.com

carl.nelson@aa.com

pmurphy@lopmurphy.com; pmurphy@ggh-airlaw.com
EXHIBIT A

Subsecretary of Transport 

Directorate General of Civil Aeronautic 

4.1.1301 

“2011 Year of Tourism in Mexico” 

PAUL L. GRETCH 

Director, Office of International Aviation 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Mexico City, June 10, 2011 

I hereby make reference to the Agreement Between the Government of The United 

States of America And The Government of the United Mexican States Of August 15, 1960, as amended 

and extended, which established that each one of the Parties may designate up to two airlines for each 

city-pair in most cases, and up to three airlines in 14 markets, for the operation of the combination 

scheduled air services specified in Annex I to the Agreement. 

Regarding this matter, and taking into account the circumstances confronting one of the 

Mexican airlines (Mexicana de Aviación) which is designated in accordance with such bilateral instrument 

in various city-pairs, and that at this moment we cannot withdraw its designation and give it to another 

airline to operate in the same city-pair, I would be very thankful if, within the framework of the good 

bilateral cooperation and relations, especially in the matter of air transportation, which have always 

distinguished our countries, you would consider giving to the Mexican airline Concesionaria Vuela 

Compañía de Aviación, S.A.P.I. de C.V., “VOLARIS”, an extra bilateral authorization for the routes 

México-Las Vegas, México-Los Angeles y Monterrey Chicago, for the operation of scheduled combination 

services, with the understanding that such authorization will be as stated in the Agreement referred to 

above while Mexicana de Aviación does not operate on such routes, meaning that during such period the 

[designation] limit of two airlines in each city-pair, or three, will be exceeded, as the case may be, and that 

such authorization will be extra-bilateral and temporary in nature. 

Pending of a favorable response to this petition of a special nature, I take this opportunity 

to send my best regards. 

S I N C E R E L Y 

EFFECTIVE SUFFRAGE, NO RE-ELECTION 

GENERAL DIRECTOR 

MR. HÉCTOR GONZÁLEZ WEEKS 

SSR/RGG 

C.C. Mr. Felipe Duarte Olvera-Sub secretary of Transportation 

C.C. Directorate General of Civil Aeronautic- Offices –President 

C.C. Concesionaria Vuela Compañía de Aviación, S.A.P.I. “Volaris”-Avenida Prolongación Paseo de la 

Reforma #490, first floor, Col. Santa Fe Peña Blanca, Z.C. 01210.- President. 

[A stamped seal reading:] 

S.C.T. 

Directorate General of 

Civil Aeronautic 

Jun 10 2011 

Correspondence 

Sub-directorate of Regular Aviation 

Dispatch