BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

In the matter of the application of ) 

 ) 

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2011-0117 

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

 ) 

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

 )

REPLY OF 

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, S.A.P.I. DE C.V. d/b/a 

VOLARIS AND 

REQUEST FOR IMMEDIATE ACTION

 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: July 6, 2011
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

In the matter of the application of ) 

 ) 

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, ) Docket DOT-OST-2011-0117 

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

 ) 

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

 )

REPLY OF 

CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, S.A.P.I. DE C.V. d/b/a 

VOLARIS AND 

REQUEST FOR IMMEDIATE ACTION

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

(“Volaris”) submits this reply to the answer of American Airlines, Inc. (“American”) 

filed in the captioned docket, and respectfully requests immediate action on its 

application to serve Monterrey-Chicago, Mexico City-Las Vegas and Mexico City-Los 

Angeles. 

 American states in its answer that it does not oppose approval of Volaris’ 

application provided its application for extrabilateral authority to institute additional U.S. 

carrier service in the New York-Mexico City market is approved.1

 While American 

attempts to equate its application with Volaris’, the relief sought by American is 

substantially different—and greater—than that sought by Volaris, which is narrowly 

tailored to address a specific competitive imbalance currently affecting Mexican carriers. 

 

1 Application of American Airlines, Inc., for an Exemption, Docket DOT-OST-2011-___, July 5, 2011 
Reply of Concesionaria Vuela Compañía de Aviación, 

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

Docket DOT-OST-2011-0117 

July 6, 2011 

 - 2 - 

 Volaris requests authority only to replace service in three U.S.-Mexico markets 

that was discontinued by another Mexican carrier nearly one year ago. Approval of 

Volaris’ application will therefore not result in more than the bilaterally-authorized 

number of carriers operating in any U.S.-Mexico market. 

 American’s request is not comparable to Volaris’ application and should not be 

treated as such. American requests approval to operate as an additional U.S. carrier in a 

double designation market that is served currently by two U.S. carriers—Delta and 

Continental. If its application were approved, American would become the third

operating U.S. carrier in the New York-Mexico market in competition with a single

Mexican carrier, exacerbating the competitive imbalance that now exists as a result of 

Mexicana’s service suspension. In contrast, approval of Volaris’ application would 

simply restore in three U.S.-Mexico markets the level of Mexican carrier competition that 

existed prior to August 2010, and that was agreed to by the United States and Mexico 

under the bilateral. 

 Moreover, Volaris stated specifically in its application that it would terminate 

service in the affected U.S.-Mexico market if and when Mexicana resumes operations, 

thus ensuring that no more than two carriers of either side will operate in a double 

designation market at any time, as the bilateral requires. In asserting that the “same 
Reply of Concesionaria Vuela Compañía de Aviación, 

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

Docket DOT-OST-2011-0117 

July 6, 2011 

 - 3 - 

considerations” apply to its application as Volaris’, American ignores this important 

condition as well as the bilateral provisions on which it is based.2

 Approval of Volaris’ application should not be delayed while the Department 

considers American’s request. The three markets for which Volaris requests authority 

have been without a second Mexican carrier since August 2010. The peak summer travel 

season has begun and Volaris must begin sales immediately if these services are to be 

inaugurated successfully. Consumers have been denied the benefits of a choice in 

Mexican carriers for long enough; nothing in American’s reply or answer disputes this 

fact or that additional Mexican carrier competition would benefit consumers. Volaris 

respectfully requests that the Department immediately approve its application so that it 

can begin marketing and sale of its Monterrey-Chicago, Mexico City-Las Vegas and 

Mexico City-Los Angeles services. 

 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: July 6, 2011

 

2 Application of American Airlines, p.2 
CERTIFICATE OF SERVICE

 I hereby certify that the foregoing Reply 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: July 6, 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