BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

In the matter of the application of ) 

 ) 

VRG LINHAS AEREAS S.A. D/B/A GOL ) Docket DOT-OST-2010-_______

 ) 

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, Sanders & Dempsey L.L.P. 

 1201 Pennsylvania Avenue, N.W. 

 Washington, D.C. 20004 

 (202) 626-6840 phone 

 (202) 626-6780 fax 

cdonley@ssd.com

 

Counsel to VRG Linhas Aereas S.A. d/b/a 

Gol 

DATED: March 23, 2010 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

In the matter of the application of ) 

 ) 

VRG LINHAS AEREAS S.A. D/B/A GOL ) Docket DOT-OST-2010-_______

 ) 

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

 )

APPLICATION FOR EXEMPTION

VRG Linhas Aereas S.A. d/b/a Gol (“Gol”), pursuant to 49 U.S.C. 40109, hereby 

requests an exemption from 49 U.S.C. 41301 and, to the extent necessary, from any other 

provisions of Title 49 and the Economic Regulations of the Department of Transportation 

(“Department”) to permit Gol to engage in the charter foreign air transportation of persons, 

property and mail in accordance with 14 C.F.R. 212. Gol requests that any exemption granted by 

the Department pursuant to this application remain in effect for a period of at least one year.1

In further support of its application, Gol states as follows: 

1. The Applicant

 Gol is one of the largest low-cost low-fare airlines in the world and the only low-cost 

low-fare airline providing frequent service on routes connecting all of Brazil’s major cities, and 

from Brazil to major cities in South America. With its young and standardized fleet of Boeing 

737 aircraft, Gol serves the largest number of destinations of any airline in the Brazilian air 

transportation market. 

 

1

 Gol is separately filing an application for statement of authorization to operate a series of third and fourth freedom 

charter flights beginning June 26, 2010. 
Application of VRG Linhas Aereas S.A. d/b/a Gol 

Docket DOT-OST-2010-_____ 

March 23, 2010 

2 

 Since the beginning of operations in 2001, Gol’s affordable, reliable and simple service 

and its focus on markets that were either underserved or did not have a lower-fare alternative 

have led to a strong awareness of Gol’s brand and a rapid increase in its market share. Gol was 

the first company to introduce successfully low-cost carrier industry practices and technologies 

in Latin America. Gol has a diversified revenue base, with customers ranging from business 

passengers to leisure passengers traveling throughout Brazil and to other South American 

destinations. Gol’s strategy is to increase market size by attracting new passengers through its 

consolidated flight network, a modern aircraft fleet, targeted marketing and its loyalty program 

Smiles, the largest loyalty program in South America with more than six million members. 

 Gol operates more than 800 daily flights to 59 destinations connecting the most important 

cities in Brazil as well as key destinations in Argentina, Bolivia, Chile, Colombia, Paraguay, 

Uruguay and Venezuela. Gol’s fleet, which is one of Latin America’s largest and youngest, 

consists of nearly 120 Boeing 737-300, 737-700 NG and 737-800 NG aircraft with an average 

age of 6.8 years. Plans call for the acquisition of additional aircraft and phasing out the B737-

300 aircraft in favor of Next Generation B737-700 and 737-800 aircraft. As of June 30, 2009, 

Gol had 99 firm purchase orders remaining with deliveries scheduled until 2016, and purchase 

options for 40 additional B737 NG aircraft. 

Gol’s headquarters are located in Sao Paulo. Gol’s principal business office is located at 

the following address: 
Application of VRG Linhas Aereas S.A. d/b/a Gol 

Docket DOT-OST-2010-_____ 

March 23, 2010 

3 

VRG Linhas Aereas S.A. d/b/a Gol 

Praca Comte Linneu Gomes, S/N 

Portaria 3 

Jardim Aeroporto 

CEP: 04626-020, Sao Paulo, SP, Brazil 

 Gol is organized and exists under the laws of Brazil. Gol is a citizen of Brazil and is 

substantially owned and effectively controlled by Brazilian citizens. The Department has 

previously found Gol to be a citizen of Brazil.2

2. The Proposed Service

Gol plans to operate occasional charter services between the U.S. and Brazil, and other 

charters, in accordance with 14 C.F.R. 212. Charter flights will be operated with Gol’s B767-

300 and B737-800NG aircraft. Before operating charter flights, Gol will obtain a statement of 

authorization, as necessary. Gol therefore requests an exemption permitting it to engage in the 

charter foreign air transportation of persons, property and mail in accordance with 14 C.F.R. 212. 

 3. Fitness

Gol’s operations are authorized and regulated by the Government of Brazil. Brazil is a 

contracting State to the Convention on International Civil Aviation (“Chicago Convention”) and 

observes all applicable ICAO standards. Gol’s Brazilian license was submitted to the 

Department previously.3

 This license is valid for an indefinite period and represents all of the 

authority Gol requires from the Brazilian Government to provide the service described herein. 

The equipment utilized to operate the proposed service is and will continue to be 

maintained by Gol. All maintenance on Gol’s aircraft is performed in accordance with programs 

that comply with the provisions of ICAO Pilots and Airmen Annexes 1, 6 (Part 1) and 7. 

 

2 Notice of Action Taken, March 4, 2010, Docket DOT-OST-2010-0008 

3

 Docket DOT-OST-2010-0008 
Application of VRG Linhas Aereas S.A. d/b/a Gol 

Docket DOT-OST-2010-_____ 

March 23, 2010 

4 

Gol has previously filed with the Department its insurance certificate, Warsaw 

agreement, and financial statements.4

 Gol will shortly submit its passenger manifest data 

collection statement and family assistance plan. The Department has found Gol to be 

operationally and financially fit to perform the type of service proposed in this application.5

4. Public Interest Factors

Service between the United States and Brazil is governed by the Air Transport 

Agreement between the two countries signed on March 21, 1989, as amended (“Agreement”). In 

accordance with Annex II to the Agreement, Brazilian and U.S. carriers may engage in passenger 

and cargo charter operations: 

 Both Contracting Parties agree that combination (passenger and cargo) and allcargo charters aid in the development of air transportation. Both Parties further 

agree that each Contracting Party shall authorize third and fourth freedom charter 

operations between any point or points in the territory of one Party and any point 

or points in the territory of the other Party that are performed by airlines 

designated in accordance with this Annex under Article 3 of the Agreement[.] 

The proposed services are fully consistent with the bilateral. Attached to this application is the 

Brazilian Government’s note designating VRG Linhas Aereas S.A.6

 The United States has 

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

United States is a party and the submission of an application by a qualified foreign carrier for 

such service satisfy all relevant public interest requirements for grant of exemption authority.7

 

 

4 Id. 

5 Notice of Action Taken, Docket DOT-OST-2010-0008, March 4, 2010 

6

 VRG Linhas Aereas S.A. now transacts business as Gol. 

7 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 VRG Linhas Aereas S.A. d/b/a Gol 

Docket DOT-OST-2010-_____ 

March 23, 2010 

5 

 5. Environmental Considerations

Gol submits that its application raises no environmental or energy issues. All of Gol’s 

operations under this exemption will be conducted in accordance with applicable noise 

abatement requirements. Approval of this application will not result in a near-term increase in 

fuel consumption of ten million gallons or more. 

 WHEREFORE, VRG Linhas Aereas S.A. d/b/a Gol respectfully requests that it be 

granted an exemption from 49 U.S.C. 41301 to the extent necessary to permit Gol to provide 

charter foreign air transportation of persons, property and mail as more fully described herein, or 

such other relief as the Department deems necessary and proper. 

 Respectfully submitted, 

 /s/ Charles F. Donley II 

 __________________________________ 

 Charles F. Donley II 

 Squire, Sanders & Dempsey L.L.P. 

 1201 Pennsylvania Avenue, N.W. 

 Washington, D.C. 20004 

 (202) 626-6840 phone 

 (202) 626-6780 fax 

cdonley@ssd.com

 

Counsel to VRG Linhas Aereas S.A. d/b/a 

Gol 

DATED: March 23, 2010 


i 

CERTIFICATE OF SERVICE

 I hereby certify that one copy of the foregoing application of VRG Linhas Aereas S.A. 

d/b/a Gol has this day been served on each of the following individuals via e-mail. 

 /s/ Charles F. Donley II 

 _________________________________ 

 Charles F. Donley II 

DATED: March 23, 2010 

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

jeffrey.manley@united.com

howard_kass@usairways.com

mlbenge@zsrlaw.com

hkamen@coair.com; dan.weiss@coair.com

carl.nelson@aa.com