BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. In the matter of the application of CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, Docket DOT-OST-2016- S.A.P.I. DE C.V. d/b/a VOLARIS 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 Amna Arshad Pillsbury Winthrop Shaw Pittman LLP 1200 17 th Street, N.W. Washington, D.C. 20036-3006 Phone: (202 663-8448 Fax: (202 663-8007 charles.donley@pillsburylaw.com amna.arshad@pillsburylaw.com Counsel to Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. d/b/a Volaris DATED: March 21, 2016
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. In the matter of the application of CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, Docket DOT-OST-2016- S.A.P.I. DE C.V. d/b/a VOLARIS for an exemption from 49 U.S.C. 41301 APPLICATION FOR EXEMPTION Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. d/b/a Volaris ( Volaris, pursuant to the provisions of Title 49 of the United States Code and Subpart C of the Department of Transportation s ( Department Rules of Practice, hereby requests an exemption from 49 U.S.C. 41301 and from any other provisions of Title 49 and the Economic Regulations of the Department to the extent necessary to permit Volaris to engage in the scheduled foreign air transportation of persons, property and mail between (i Durango, Mexico, and Los Angeles, California; (ii Guadalajara, Mexico, and Milwaukee, Wisconsin; and (iii Guadalajara, Mexico, and Austin, Texas. Volaris requests that this exemption be granted for at least a one-year period. Volaris submits it is fit, willing and able to perform these services and that the services are clearly consistent with the public interest. In support of its application, Volaris states as follows: 1. Volaris is a low-cost, low-fare carrier that provides a high level of service, reliability, and safety for its passengers. Volaris began operations on March 13, 2006,
Application of Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. d/b/a Volaris Docket DOT-OST-2016- March 21, 2016 and today serves numerous cities within Mexico with additional domestic and international expansion plans. Volaris principal base of operations is Adolfo López Mateos International Airport in the City of Toluca (TLC in the Estado de México, located approximately 70 kilometers west of Mexico City. Volaris utilizes Airbus A319 and A320 aircraft in all operations. All of Volaris aircraft are configured in a single class, with leather seats and generous pitch between seats, and are equipped with V2500 engines manufactured by International Aero Engines. Volaris is a citizen of Mexico. 2. Volaris currently holds numerous exemptions authorizing it to operate charter and scheduled services to the United States. The Department has previously found that Volaris is operationally and financially qualified to operate charter and scheduled services between the United States and Mexico, and that it is properly licensed by the Government of Mexico to serve the United States. 3. Volaris requests authority from the Department to engage in scheduled combination foreign air transportation in the Durango-Los Angeles, Guadalajara- Milwaukee and Guadalajara-Austin markets using Airbus A319/A320 aircraft. 4. 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 - 2 -
Application of Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. d/b/a Volaris Docket DOT-OST-2016- March 21, 2016 from a point or points in Mexico to a point or points in the United States. 1 The routes covered by this exemption request are within the scope of the amendments to the Air Transport Agreement between the United States and Mexico, and are clearly within the broader agreement signed by the two countries on December 18, 2015. Volaris has been authorized and designated to serve these routes. The United States has recognized consistently that the inclusion of a point in a bilateral agreement to which the United States is a party and the designation of a foreign carrier by its home country government for service to that point satisfy all public interest requirements for the grant of exemption authority. 2 5. 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. 6. This exemption application raises no environmental or energy issues. All service will be operated with modern, Stage 3 aircraft that meet all applicable noise abatement requirements. Similarly, approval of this request will not result in a near-term increase in fuel consumption of ten million gallons or more. 1 Annex I(A2(a 2 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 -
Application of Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. d/b/a Volaris Docket DOT-OST-2016- March 21, 2016 WHEREFORE, Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. d/b/a Volaris respectfully requests that it be exempted from 49 U.S.C. 41301 and the Department s Regulations to the extent necessary to permit Volaris to provide scheduled combination service in foreign air transportation, as more fully described herein, or that the Department grant such other relief as it deems necessary and appropriate. Respectfully submitted, Charles F. Donley II Amna Arshad Pillsbury Winthrop Shaw Pittman LLP 1200 17 th Street, N.W. Washington, D.C. 20036-3006 Phone: (202 663-8448 Fax: (202 663-8007 charles.donley@pillsburylaw.com amna.arshad@pillsburylaw.com Counsel to Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. d/b/a Volaris DATED: March 21, 2016-4 -
CERTIFICATE OF SERVICE I hereby certify that the foregoing Application for Exemption has this day been served on all persons listed on the attached service list via e-mail. Charles F. Donley II DATED: March 21, 2016 chris.walker@delta.com; alex.krulic@delta.com steve.morrissey@united.com; dan.weiss@united.com patrick.rizzi@hoganlovells.com dheffernan@cozen.com; jeremy.ross@alaskaair.com bob.kneisley@wnco.com; leslie.abbott@wnco.com dkirstein@yklaw.com robert.wirick@aa.com; howard.kass@aa.com pmurphy@lopmurphy.com; pmurphy@ggh-airlaw.com john.varley@virginamerica.com agoerlich@ggh-airlaw.com matwood@cozen.com; slachter@cozen.com esahr@eckertseamans.com; robert.land@jetblue.com; dderco@eckertseamans.com