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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

REPUBLIC AIRLINE INC.

for an exemption pursuant to 49 U.S.C. § 40109

(Miami, Florida – Cozumel, Mexico)

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Docket DOT-OST-2014-______

APPLICATION OF REPUBLIC AIRLINE INC.

FOR EXEMPTION AUTHORITY

Communications with respect to this document should be addressed to:

Ethan J. Blank

Vice President and General Counsel

Scott L. Durgin

Vice President, Administration

REPUBLIC AIRWAYS HOLDINGS INC.

8909 Purdue Road

Indianapolis, Indiana 46268

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

+1 202 637 4999/5659

robert.cohn@hoganlovells.com

patrick.rizzi@hoganlovells.com

Counsel for

REPUBLIC AIRLINE INC.

November 21, 2014
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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

REPUBLIC AIRLINE INC.

for an exemption pursuant to 49 U.S.C. § 40109

(Miami, Florida – Cozumel, Mexico)

)

)

)

)

)

)

)

)

)

Docket DOT-OST-2014-_____

November 21, 2014

APPLICATION OF REPUBLIC AIRLINE INC.

FOR EXEMPTION AUTHORITY

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Rules

of Practice, Republic Airline Inc. (“Republic”) hereby applies for an operating

carrier designation and an exemption authorizing it to provide scheduled foreign

air transportation of persons, property, and mail between Miami, Florida, and

Cozumel, Mexico. Republic requests that its exemption authority be granted as

soon as possible and remain in effect for a period of at least two years, subject

to the Department’s standard conditions. In addition, Republic requests that the

Department notify the Mexican authorities confirming Republic’s authority to

serve this route.

In support of its Application, Republic states as follows:

1. Republic is a U.S. airline providing scheduled interstate air

transportation pursuant to a Certificate of Public Convenience and Necessity

issued by DOT Order 2009-9-13. Republic also has Open Skies certificate
Application of Republic Airline Inc.

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authority and various exemption authorities for scheduled foreign air

transportation. See DOT Order 2008-4-26 (Route 882); Notice of Action Taken,

dated December 27, 2013 (Docket DOT-OST-2012-0026) (U.S.–Turks and

Caicos Islands); Notice of Action Taken, dated December 10, 2012 (Docket

DOT-OST-2011-0018) (U.S.–Bahamas).

2. Republic plans to begin daily year-round nonstop “American Eagle”

service under the AA* designator code of American Airlines, Inc. (“American”)

with 76-seat EMB 175 aircraft in June 2015 between Miami, Florida (MIA), and

Cozumel International Airport, Cozumel, Mexico (CZM).1

3. Approval of this Application is in the public interest. Republic’s

proposed service will provide U.S. communities and travelers with enhanced

options for service to Cozumel, as well as competition to other carriers offering

transborder U.S.–Mexico services. This flight to Cozumel will benefit travelers

not only in the Miami metropolitan area, but also throughout the United States

given the extensive connecting opportunities at American’s major Miami hub.

4. Republic is fit, willing, and able to perform the proposed MIA–CZM

service. As noted above, Republic has had authority to operate scheduled

interstate and foreign air service, including routes between the United States and

1

American is already authorized to provide service between Miami and Cozumel by Notice

of Action Taken, dated August 16, 2013 (Docket DOT-OST-2013-0154).
Application of Republic Airline Inc.

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points in Mexico. See, e.g., Notice of Action Taken, dated June 23, 2010

(Docket DOT-OST-2010-0152). Its proposed service to Cozumel is not

materially different in terms of aircraft size or stage length from its previously

authorized interstate and foreign air services.

5. Republic requests that the Department take official notice, pursuant

to Rule 24 of the Department’s Rules of Practice, of all other data on file with the

Department necessary to establish its fitness.

6. The exemption authority and designations sought herein are fully

consistent with the U.S.–Mexico Air Transport Services Agreement, as amended

(“the Agreement”). Annex I(A) of the Agreement authorizes carriers designated

by the U.S. under Route 1(a) to operate from “a point or points in the United

States to a point or points in Mexico”, and Annex I(B)(5) permits the U.S. to

designate three U.S. carriers to operate scheduled combination services

between any point in the U.S. and Cozumel. Based on information and belief,

there are available designations for this route.

7. The Miami–Cozumel services proposed in this Application are not

projected to utilize more than 10 million gallons of fuel annually, and, in any

event, Republic does not envision having any difficulties in acquiring fuel for this

service.
Application of Republic Airline Inc.

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WHEREFORE, for the foregoing reasons, Republic respectfully requests

that the Department promptly grant an operating carrier designation and the

requested exemption authorizing it to engage in scheduled foreign air

transportation of persons, property, and mail between Miami and Cozumel,

Mexico, as described herein.

Respectfully submitted,

__________________________________

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

Counsel for

REPUBLIC AIRLINE INC.
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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of Republic Airline Inc.

for an Exemption has been served this 21st day of November, 2014, upon each of

the following addressees:

marshall.sinick@squirepb.com; howard.kass@aa.com; robert.wirick@aa.com;

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

stephen.lachter@lachterlaw.com; jhill@cooley.com; perkmann@cooley.com;

bob.kneisley@wnco.com; leslie.abbott@wnco.com;

dkirstein@yklaw.com; jyoung@yklaw.com; thomas.ting@suncountry.com;

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

barbara.russell@virginamerica.com; brian.hedberg@dot.gov; brett.kruger@dot.gov;

englets@state.gov; info@airlineinfo.com

Patrick Rizzi