In the matter of the application of )

CONCESIONARIA VUELA COMPASIA DE AVIACION, )

S.A. DE C.V. d/b!a VOLARIS

for an exemption from 49 USC. §41301 )

I

Docket DOT-OST-2009-01 19

APPLICATION FOR RENEWAL OF EXEMPTION

Communications with respect to this

document should be addressed to:Charles F. Donley II

SQUIRE, SANDERS & DEMPSEY L,L.P.

1201 Pennsylvania Avenue. NW.

Washington. D.C. 20004

(202) 626-6840

ceys4cQ

Counsel to Concesionaria Vuela CornpañIa de

AviaciOn. S,A. de C.V. d/b/a Volaris

DATED: April 2, 2010
In the matter of the application of )

c’ONCESIONARIA VIJELA COMPA!SiA DE AVIACION. ) Docket DOT-OST-2009-0l 19

S.A. DE C.V. d/b/a VOLARIS 3

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

APPLICATION FOR RENEWAL OF EXEMPTION

Concesionaria Vuela Compaflia de Aviación, S.A. de C.V. d/b/a Volaris

(“Volaris”) hereby requests renewal of the exemption authority granted to it by theDepartment of Transportation (“Department”) in the above-captioned docket to perform

scheduled foreign air transportation of persons, property and mail between Guadalajara,Mexico, and Los Angeles, California. Volaris requests renewal of this exemption for aone-year period on its existing terms and conditions, Volaris relies upon the provisionsof the Administrative Procedure Act and Part 377 of the Department’s proceduralregulations to continue its existing authorization in force pending a linal 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. The basis for grant of

this exemption was reaffirmed in the December 2005 amendment to the United States

\le\lco Air I ransport SLr\ ILcs \greemem Reclprocit\ on the pan ol the Gox ernment ol
further support of its request for renewal. Volaris states as follows:

I. Volaris holds exemption authority to operate scheduled services in the

Guadalajara-Los Angeles market.’ Volaris operates daily flights between Guadalajara

and Los Angeles using A3 19 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 operatefrom a point or points in Mexico to a point or points in the United States.’ 2 The route

for which renewal is requested is clearly within the scope of the amendment. Volaris

remains authorized and designated by the Mexican Government to serve this route inaccordance with the terms of the 1960 Agreement. as amended. The U.S. Government

has long recognized that the inclusion of a particular service in a bilateral aviation

agreement to which the United States is a party and designation of a qualified foreign air

Notice ofAction 1ken, May 19, 2009

Annex OA 2a)
operations on that route.

3. 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. This renewal application raises no environmental or energy issues.

Similarly, approval of the application will not result in a near term increase in fuel

consumption often million gallons or more.

WHEREFORE, Concesionaria Vuela Compaflia de Aviación, S.A. de CV. dib/a

Volaris (‘Volaris”) respectfully requests that the exemption granted to it in the abovecaptioned docket be renewed for an additional one-year period on its existing terms and

conditions.

See, S.REEP. No, 96-329, at 4 (1979), reprinted in 1980 U.S,C,C.A.N. 54, 57 (“The negotiation of a

bilateral agreement itself represents a determination by the Government of the United States that the grant

of route authority provided for under the bilateral is in the ‘public interest.”f

-I
/172

,

Charles F. Donley II

SQUIRE, SANDERS & I)EMPSEY LLP.

1201 Pennsylvania Avenue. 1.W.

Washington. D.C. 20004

(202) 626-6840

cdonley(ssd.com

Counsel to Concesionaria Vuela Compaflia de

Aviación, S.A. de C.V. d/b/a Volaris

DATED: April 2. 2010

-4-
Exemption has this day been served on all persons identified o

via e-mail.

Charles F. Donley II

DATED: April 2, 2010

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