BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) EMPRESA PUBLICA TAME LINEA AEREA ) DEL ECUADOR TAME EP for an exemption under 49 U.S.C. 40109 and ) amended foreign air carrier permit ) under 49 U.S.C. 41301 ) (Quito Fort Lauderdale) ) ) ) Docket No. OST-2013-0085 ) April 28, 2014 APPLICATION FOR EXEMPTION AND AMENDED FOREIGN AIR CARRIER PERMIT Communications with respect to this document should be addressed to: Josh Romanow Peter Nelson PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037 Phone: (202) 663-8000 Fax: (202) 663-8007 Email: romanow@pillsburylaw.com peter.nelson@pillsburylaw.com Counsel for Empresa Publica TAME Linea Aerea del Ecuador TAME EP NOTICE: Any person may support or oppose this Application by filing an answer and serving a copy of the answer on counsel for Empresa Publica TAME Linea Aerea del Ecuador TAME EP and upon each person served with this application. Answers to the exemption application are due on May 13, 2014. Answers to the permit application are due on May 19, 2014. TAME intends to poll parties on the service list and will advise the Department of the results.
BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) EMPRESA PUBLICA TAME LINEA AEREA ) DEL ECUADOR TAME EP for an exemption under 49 U.S.C. 40109 and ) amended foreign air carrier permit ) under 49 U.S.C. 41301 ) (Quito Fort Lauderdale) ) ) ) Docket No. OST-2013-0085 ) APPLICATION FOR EXEMPTION AND AMENDED FOREIGN AIR CARRIER PERMIT Pursuant to 49 U.S.C. 40109 and 41301, Part 211 of the Department s economic regulations, and the Department s rules of practice, Empresa Publica TAME Linea Aerea del Ecuador TAME EP ( TAME ), a foreign air carrier of Ecuador, respectfully requests that the Department amend TAME s foreign air carrier permit to enable it to engage in scheduled foreign air transportation of persons, property, and mail between Quito, Ecuador, on the one hand, and Fort Lauderdale, Florida, on the other hand. TAME also requests exemption authority under 49 U.S.C. 40109 to the extent necessary so that it may exercise the rights requested in this Application prior to the issuance of the amended foreign air carrier permit. Consistent with the Department s Notice of August 23, 2005 (Docket No. OST-2005-22228) (the August 23, 2005 Notice ), TAME requests that the Department process this application on an expedited basis and grant TAME an amended foreign air carrier permit so that it can begin offering the
proposed services as soon as possible. In this regard, TAME respectfully requests that the Department issue a single order (1) granting the requested exemption authority for a oneyear period or until after the effective date of the requested amended permit authority and (2) approving amended foreign air carrier permit authority under the streamlined procedures set forth in the August 23, 2005 Notice, unless the Department deems it appropriate to proceed directly to a final order issuing an amended foreign carrier permit to TAME. In support of its application, TAME states as follows: 1. TAME holds a Foreign Air Carrier Permit authorizing scheduled foreign air transportation of persons, property and mail to New York, New York from Guayaquil and/or Quito, Ecuador, and authority to engage in charter foreign air transportation, subject to the Department s regulations governing charters (See Order 2013-10-5). 2. TAME seeks authority to conduct scheduled foreign air transportation of persons, property, and mail, between Quito, Ecuador, on the one hand, and Fort Lauderdale, Florida, on the other hand. TAME intends to operate these flights using Airbus A320 and A319 aircraft configured to carry up to 162 and 145 passengers, respectively. In certain situations, TAME may utilize its Airbus A330 aircraft, configured to carry up to 278 passengers. TAME proposes initially to operate 7 flights per week beginning in late May 2014; frequencies may increase in the future depending on market demand. 3. The authority requested herein is consistent with the overall comity and reciprocity between the United States and Ecuador and the provisions of the U.S.-Ecuador Air Transport Agreement of September 26, 1986, as amended by the 2010 Protocol (the
U.S.-Ecuador Agreement ). TAME is a flag carrier of Ecuador and has been authorized and designated by the Dirección General de Aviación Civil del Ecuador ( DGAC ) to perform scheduled services on the routes requested herein. A copy of TAME s designation from the DGAC is attached hereto as Exhibit A. 4. TAME hereby incorporates by reference the information contained in its April 23, 2013 application for an exemption and foreign air carrier permit (See Docket OST-2013-0085). 5. A copy of TAME s Air Operator Certificate is incorporated by reference from its April 23, 2013 application (See Docket OST-2013-0085). 6. An estimate showing the total traffic and financial results of the proposed service for the first full year of normal operations is attached hereto as Exhibit B. 7. Grant of the authority sought herein will not result in a near term increase in fuel consumption of ten million gallons or more, and therefore will not comprise a major regulatory action under the Energy Policy and Conservation Act of 1975, as defined in 14 C.F.R. 313(a)(1). 8. TAME has not been involved in any safety or tariff violations or any fatal accidents in the past five years. 9. TAME s maintenance program continues to comply with the provisions of ICAO Pilots and Airmen Annexes 1, 6 (Part 1) and 7. 10. Verification: The verification required by 14 C.F.R. 302.4(b) is attached hereto as Exhibit C. 11. TAME is fit, willing, and able to successfully operate the services sought in this application. TAME s proposed service will result in increased travel choices, greater
service options, and enhanced competition, thereby benefiting the public interest and travelers in both Ecuador and the United States. WHEREFORE, based upon the foregoing information Empresa Publica TAME Linea Aerea del Ecuador TAME EP respectfully requests that it be granted an exemption and amended foreign air carrier permit to engage in scheduled foreign air transportation of persons, property and mail as more fully described above. Respectfully submitted, April 28, 2014 Josh Romanow Peter Nelson PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037 Phone: (202) 663-8000 Fax: (202) 663-8007 Email: romanow@pillsburylaw.com peter.nelson@pillsburylaw.com Counsel for Empresa Publica TAME Linea Aerea del Ecuador TAME EP
CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing application of Empresa Publica TAME Linea Aerea del Ecuador TAME EP for an amended foreign air carrier permit and exemption has been served this 28 th day of April, 2014, upon each of the parties below by electronic mail. Bailey Leopard Nancy S. Sparks Federal Express Corporation gbleopard@fedex.com nssparks@fedex.com Kent George Steve Belleme Broward County Aviation Department kgeorge@broward.org sbelleme@broward.org Malcolm L. Benge Counsel for North American Airlines Zuckert Scoutt & Rasenberger, L.L.P. mlbenge@zsrlaw.com Dan Weiss Steve Morrissey United Air Lines steve.morrissey@united.com dan.weiss@united.com James Jelinski Aviation Safety Inspector Supervisor Federal Aviation Administration jamesr.jelinski@faa.gov Sascha Vanderbellen Chris Walker Delta Airlines sascha.vanderbellen@delta.com chris.walker@delta.com Robert Wirick Howard Kass American Airlines, Inc. robert.wirick@aa.com howard.kass@aa.com Anita Mosner Jennifer Nowak Counsel for UPS Holland & Knight anita.mosner@hklaw.com jennifer.nowak@hklaw.com Russell E. Pommer Atlas Air russell.pommer@atlasair.com /s/melinda A. Hernandez Melinda A. Hernandez
TABLE OF EXHIBITS Exhibit A Exhibit B Exhibit C Designation from the DGAC Estimate of Traffic and Financial Forecast for Proposed Operations Verification
Exhibit A Designation (Attached)