010-8083-8688/1/AMERICAS

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2015-_____

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:

Charles F. Donley II

Squire Patton Boggs (US) LLP

2550 M Street, N.W.

Washington, D.C. 20037

(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: May 21, 2015
010-8083-8688/1/AMERICAS

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2015-_____

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) Hermosillo, Mexico, and Phoenix, Arizona; and (ii) Zacatecas, Mexico, and

Oakland, California. Volaris requests that this exemption be granted for at least a oneyear period. Volaris plans to commence scheduled service on these routes shortly after

approval of this application.

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:
Application of Concesionaria Vuela Compañía de Aviación,

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

Docket DOT-OST-2015-________

May 21, 2015

- 2 -

010-8083-8688/1/AMERICAS

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 numerous exemptions authorizing it to operate

charter and scheduled services to the United States. The Department has previously

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

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

by the Government of Mexico to serve the United States.

3. Volaris requests authority from the Department to engage in scheduled

combination foreign air transportation in the Hermosillo-Phoenix and Zacatecas-Oakland

markets. Service utilizing Airbus A319/A320 aircraft will begin 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-2015-________

May 21, 2015

- 3 -

010-8083-8688/1/AMERICAS

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.”1The routes

covered by this exemption request are clearly within the scope of the amendments to the

Air Transport Agreement between the United States and Mexico. Volaris has been

authorized and is, or shortly will be, designated to serve these routes. The United States

has recognized consistently that the inclusion of a point in a bilateral agreement to which

the United States is a party and the designation of a foreign carrier by its home country

government for service to that point satisfy all public interest requirements for the grant

of exemption authority.2

5. 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.

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

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

1 Annex I(A)2(a)

2

See, S.REP. 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.’”).
Application of Concesionaria Vuela Compañía de Aviación,

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

Docket DOT-OST-2015-________

May 21, 2015

- 4 -

010-8083-8688/1/AMERICAS

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 services in foreign air transportation, as more fully described herein, or that

the Department grant such other relief as it deems necessary and appropriate.

Respectfully submitted,

Charles F. Donley II

Squire Patton Boggs (US) LLP

2550 M Street, N.W.

Washington, D.C. 20037

(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: May 21, 2015
010-8083-8688/1/AMERICAS

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.

Charles F. Donley II

DATED: May 21, 2015

sascha.vanderbellen@delta.com; chris.walker@delta.com

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

patrick.rizzi@hoganlovells.com

dheffernan@cozen.com; jeremy.ross@alaskaair.com

bob.kneisley@wnco.com

dkirstein@yklaw.com

robert.wirick@aa.com; howard.kass@aa.com

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

barbara.russell@virginamerica.com

AGoerlich@ggh-airlaw.com

matwood@cozen.com

esahr@eckertseamans.com; robert.land@jetblue.com; dderco@eckertseamans.com