340708/1/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2012-0083

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

)

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

)

APPLICATION FOR RENEWAL OF EXEMPTION

Communications with respect to this

document should be addressed to:

Charles F. Donley II

Squire Patton Boggs (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(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: June 26, 2014
340708/1/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2012-0083

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

)

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

)

APPLICATION FOR RENEWAL OF EXEMPTION

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

(“Volaris”) hereby requests renewal of the exemption authority granted to it by the

Department of Transportation (“Department”) in the above-captioned docket to perform

scheduled foreign air transportation of persons, property and mail between:

(i) Mexico City, Mexico, and San Francisco, California; and

(ii) Mexico City, Mexico, and Denver, Colorado.

Volaris requests renewal of this exemption for a one-year period on its existing terms and

conditions. Volaris relies upon the provisions of the Administrative Procedure Act and

Part 377 of the Department’s procedural regulations to continue its existing authorization

in force pending a final 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. In further support of

its request for renewal, Volaris states as follows:
Application of Concesionaria Vuela Compania de

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

June 26, 2014

Docket DOT-OST-2012-0083

- 2 -

340708/1/WASHINGTON

1. Volaris holds exemption authority to operate scheduled service in the

Mexico City-San Francisco and Mexico City-Denver markets.1 Volaris operates regular

flights on this route using A319/A320 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 operate

from “a point or points in Mexico to a point or points in the United States.”2 While the

routes for which renewal is requested are within the scope of the U.S.-Mexico bilateral,

all Mexican carrier designations for these routes are held by other carriers including

Mexicana, which has not operated since August 2010. In response to the Government of

Mexico’s request and based on the overall state of aviation relations between the United

States and Mexico, the Department granted exemption authority to Volaris to serve these

routes, as well as certain others, on an interim basis during Mexicana’s suspension of

service recognizing that doing so was consistent with the public interest.3

1 Notice of Action Taken, Docket DOT-OST-2012-0083, July 16, 2013

2 Annex I(A)2(a)

3

See, e.g., Notice of Action Taken, DOT-OST-2011-0117, July 11, 2011 (“In light of the specific

circumstances in this case, we find that grant of Volaris’ request for extrabilateral authority, as conditioned,

is consistent with the public interest.”)
Application of Concesionaria Vuela Compania de

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

June 26, 2014

Docket DOT-OST-2012-0083

- 3 -

340708/1/WASHINGTON

3. Volaris will continue to accept from the Department a condition

permitting it to operate in the Mexico City-San Francisco and Mexico City-Denver

markets only until Mexicana resumes flight operations on these routes. To the extent

passengers may hold Volaris tickets for either of these routes and Volaris is required to

cease service on it, Volaris will accommodate such passengers on another Mexican or

U.S. carrier or provide them with full refunds.

4. 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.

5. 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 of ten million gallons or more.
Application of Concesionaria Vuela Compania de

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

June 26, 2014

Docket DOT-OST-2012-0083

- 4 -

340708/1/WASHINGTON

WHEREFORE, Concesionaria Vuela Compañía de Aviación, S.A. de C.V. d/b/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.

Respectfully submitted,

/s/ Charles F. Donley II

___________________________________

Charles F. Donley II

Squire Patton Boggs (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(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: June 26, 2014
340708/1/WASHINGTON

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application for Renewal of

Exemption has this day been served via email on all persons identified below.

/s/ Charles F. Donley II

______________________________

Charles F. Donley II

DATED: June 26, 2014

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

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

patrick.rizzi@hoganlovells.com

msinick@ssd.com

bob.kneisley@wnco.com

jhill@dowlohnes.com

mlbenge@zsrlaw.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