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 )

)

APPLICATION FOR RENEWAL OF EXEMPTION

Communications with respect to this

document should be addressed to:

Charles F. Donley II

SQUIRE SANDERS (US) LLP

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

Washington, D.C. 20036

(202) 626-6840

charles.donley@squiresanders.com

Counsel to Concesionaria Vuela Compañía de

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

DATED: June 13, 2013
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 )

)

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:

(1) Monterrey, Mexico, and Chicago (Midway), Illinois;

(2) Mexico City, Mexico, and Las Vegas, Nevada; and

(3) Mexico City, Mexico, and Los Angeles, California.

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.
Application of Concesionaria Vuela Compania de

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

June 13, 2013

Docket DOT-OST-2011-0117

- 2 -

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:

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

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

markets.1 Volaris operates regularly on these routes 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

1 Notice of Action Taken, Docket DOT-OST-2011-0117, July 6, 2012

2 Annex I(A)2(a)
Application of Concesionaria Vuela Compania de

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

June 13, 2013

Docket DOT-OST-2011-0117

- 3 -

routes on an interim basis during Mexicana’s suspension of service, recognizing that

doing so was consistent with the public interest.3

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

permitting it to operate in the Monterrey-Chicago (Midway), Mexico City-Las Vegas and

Mexico City-Los Angeles markets only until Mexicana resumes flight operations on these

routes. To the extent passengers may hold Volaris tickets for one of the routes and

Volaris is required to cease service on the route, 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.

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 above3 Notice of Action Taken, Docket 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 13, 2013

Docket DOT-OST-2011-0117

- 4 -

captioned 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 SANDERS (US) LLP

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

Washington, D.C. 20036

(202) 626-6840

charles.donley@squiresanders.com

Counsel to Concesionaria Vuela Compañía de

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

DATED: June 13, 2013
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 13, 2013

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