1. Healthcare

BEFORE THE
DEPARTMENT OF TRANSPORTATION
WASHINGTON, D.C.
In the matter of the application of
CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN,
S.A.P.I. DE C.V. d/b/a VOLARIS
for an exemption from 49 U.S.C. §41301
)
)
)
) Docket DOT-OST-2009-0119
)
)
)
)
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
[email protected]
Counsel to Concesionaria Vuela Compañía de
Aviación, S.A.P.I. de C.V. d/b/a Volaris
DATED: January 28, 2015
/1/WASHINGTON
BEFORE THE
DEPARTMENT OF TRANSPORTATION
WASHINGTON, D.C.
In the matter of the application of
CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN,
S.A.P.I. DE C.V. d/b/a VOLARIS
for an exemption from 49 U.S.C. §41301
)
)
)
) Docket DOT-OST-2009-0119
)
)
)
)
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 Guadalajara,
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.
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. The basis for grant of
this exemption was reaffirmed in the December 2005 amendment to the United StatesMexico Air Transport Services Agreement. Reciprocity on the part of the Government of
/1/WASHINGTON
Application of Concesionaria Vuela Compania de
Aviacion, S.A.P.I. de C.V. d/b/a Volaris
January 28, 2015
Docket DOT-OST-2009-0119
Mexico provides additional justification for the renewal of this operating authority. In
further support of its request for renewal, Volaris states as follows:
1.
Volaris holds exemption authority to operate scheduled services in the
Guadalajara-Los Angeles market.1
Volaris operates multiple daily flights between
Guadalajara and Los Angeles using A319 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 The route
for which renewal is requested is clearly within the scope of the amendment. Volaris
remains authorized and designated by the Mexican Government to serve this route in
accordance with the terms of the 1960 Agreement, as amended. The U.S. Government
has long recognized that the inclusion of a particular service in a bilateral aviation
agreement to which the United States is a party and designation of a qualified foreign air
1
Notice of Action Taken, February 27, 2014
2
Annex I(A)2(a)
-2/1/WASHINGTON
Application of Concesionaria Vuela Compania de
Aviacion, S.A.P.I. de C.V. d/b/a Volaris
January 28, 2015
Docket DOT-OST-2009-0119
carrier for that service is, by itself, a prima facie indication of the public interest in
operations on that route.3
3.
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.
4.
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 abovecaptioned docket be renewed for an additional one-year period on its existing terms and
conditions.
3
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.’”).
-3/1/WASHINGTON
Application of Concesionaria Vuela Compania de
Aviacion, S.A.P.I. de C.V. d/b/a Volaris
January 28, 2015
Docket DOT-OST-2009-0119
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
[email protected]
Counsel to Concesionaria Vuela Compañía de
Aviación, S.A.P.I. de C.V. d/b/a Volaris
DATED: January 28, 2015
-4/1/WASHINGTON
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Application for Renewal of
Exemption has this day been served on all persons identified on the attached service list
via e-mail.
/s/ Charles F. Donley II
_________________________________
Charles F. Donley II
DATED: January 28, 2015
[email protected]
[email protected]; [email protected]
[email protected]
[email protected]
[email protected]; [email protected]
[email protected]
[email protected]
[email protected]
[email protected]; [email protected]
[email protected]
[email protected]
[email protected]
/1/WASHINGTON