BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of ABC AEROLÍNEAS, S.A. de C.V., d/b/a INTERJET for an Exemption pursuant to 49 U.S.C. 40109 to engage in Scheduled Foreign Air Transportation of Persons, Property, and Mail (U.S. Mexico) Docket No. DOT-OST-2012-0140 APPLICATION OF ABC AEROLÍNEAS, S.A. DE C.V., D/B/A INTERJET, FOR AMENDMENT OF EXEMPTION Communications with respect to this document should be sent to: Moffett B. Roller ROLLER & BAUER, PLLC Washington Dulles International Airport 45005 Aviation Drive; Suite 200 Dulles, VA 20166 Phone: (202) 331-3300 Fax: (202) 331-3322 email: mroller@rollerbauer.com July 27, 2016 Attorneys for ABC Aerolíneas, S.A. de C.V., d/b/a Interjet NOTICE: Any person may support or oppose this Application by filing an answer in this docket and serving a copy of that answer on the above counsel for ABC Aerolíneas, S.A. de C.V., and upon each person on the attached Service List. Applicant requests expedited treatment of this Application and will report to the Department the results of its poll of the U.S. air carriers on the Service List.
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of ABC AEROLÍNEAS, S.A. de C.V., d/b/a INTERJET for an Exemption pursuant to 49 U.S.C. 40109 to engage in Scheduled Foreign Air Transportation of Persons, Property, and Mail (U.S. Mexico) Docket No. DOT-OST-2012-0140 APPLICATION OF ABC AEROLÍNEAS, S.A. DE C.V., D/B/A INTERJET FOR AMENDMENT OF EXEMPTION Pursuant to 49 U.S.C. 40109, ABC Aerolíneas, S.A. de C.V., d/b/a Interjet (hereinafter "Interjet"), hereby applies to amend its exemption from 49 U.S.C. 41301 in order to include authority for Interjet to provide scheduled foreign air transportation of persons, property, and mail on the following five U.S.- Mexico city-pairs: Aguascalientes - Los Angeles; León/Bajio - Los Angeles; Puerto Vallarta - Los Angeles; San Jose del Cabo - Los Angeles; and Cancun - Dallas/Ft. Worth. 1 Interjet requests this authority on an expedited basis in order to be able to start operating these routes by August 15 and to start marketing immediately 1 Interjet s exemption in this docket was most recently amended by Notice of Action Taken issued on July 14, 2016, adding Cancun-Houston as the thirteenth bilaterally-authorized route covered by this exemption. The addition of the five U.S.-Mexico routes listed above will bring to eighteen the total number of routes for which this exemption grants bilaterally-authorized authority.
APPLICATION OF ABC AEROLINEAS, S.A. DE C.V. D/B/A INTERJET, FOR AMENDMENT OF EXEMPTION Page 2 upon issuance of the amended authority. Interjet will poll the U.S. carriers on the Service List and advise the Department of the results of the polling. By letters dated June 27, 2016, the DGAC asked the Ministry of Foreign Affairs to notify the U.S. of the designation of Interjet on the routes listed above pursuant to the currently effective U.S.-Mexico Air Transport Agreement. (Copies are attached as Exhibit 1.) Based on this information, Interjet anticipates that the Department should receive a diplomatic note from the Embassy of Mexico in the near future formally designating Interjet to operate on these routes. In the event, however, that DOT has not received the diplomatic note by the time that this Application is otherwise ripe for DOT action, Interjet respectfully requests the Department to waive the designation requirement under current circumstances, namely The U.S. and Mexico exchanged diplomatic notes on July 22, 2016, pursuant to which the new U.S.-Mexico Air Transport Agreement will become effective on August 21, 2016. The new Agreement with its authorization for unlimited Third and Fourth Freedom operations by both U.S. and Mexican airlines will therefore supersede the current Agreement and its requirement for city-pair designations in only 25 days. As noted above, Interjet needs to have authority on the above routes in order to be able to start service on August 15, 2016, only seven days before the new Agreement becomes effective.
APPLICATION OF ABC AEROLINEAS, S.A. DE C.V. D/B/A INTERJET, FOR AMENDMENT OF EXEMPTION Page 2 Although it may not take a long time for U.S. and Mexican authorities to resolve the details associated with the transition to the new Agreement, any time that may be required should not result in a delay in granting Interjet authority on these routes on which Interjet is clearly entitled to conduct operations under either the existing or the new Agreement. Approval of this Application is clearly in the public interest. It gives effect to both the current and the new U.S.-Mexico Air Transport Agreement by granting Interjet authority to provide service on five bilaterally-authorized routes. Approval of the Application is also in the public interest because Interjet s new service in these five markets will provide consumers with new travel options and introduce valuable new competition.
APPLICATION OF ABC AEROLINEAS, S.A. DE C.V. D/B/A INTERJET, FOR AMENDMENT OF EXEMPTION Page 2 CONCLUSION For the foregoing reasons, the Department of Transportation should amend the exemption issued to ABC Aerolíneas, S.A. de C.V., d/b/a Interjet, in the above docket to include authority for Interjet to engage in scheduled foreign air transportation of persons, property, and mail on the following routes: Aguascalientes - Los Angeles; León/Bajio - Los Angeles; Puerto Vallarta - Los Angeles; San Jose del Cabo - Los Angeles; and Cancun - Dallas/Ft. Worth Respectfully submitted, Roller & Bauer, PLLC Attorneys for ABC Aerolíneas, S.A. de C.V., d/b/a Interjet July 27, 2016 By: Moffett B. Roller
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APPLICATION OF ABC AEROLINEAS, S.A. DE C.V. D/B/A INTERJET, FOR AMENDMENT OF EXEMPTION Page 2 CERTIFICATE OF SERVICE I hereby certify that a copy of this Application of ABC Aerolíneas, S.A. de C.V., d/b/a Interjet, for Amendment of Exemption was this day served by email upon the parties listed below. No indication was received that any transmission by electronic mail had failed. July 27, 2016 Moffett B. Roller Howard Kass Robert Wirick American Airlines howard.kass@aa.com robert.wirick@aa.com Daniel A. Weiss United Air Lines dan.weiss@united.com Chris Walker Alex Krulic Robert Kneisley Leslie Abbott Jeremy Ross David Heffernan Delta Air Lines Southwest Airlines Alaska Airlines chris.walker@delta.com alex.krulic@delta.com bob.kneisley@wnco.com leslie.abbott@wnco.com jeremy.ross@alaskaair.com dheffernan@cozen.com Joanne W. Young Spirit Airlines jyoung@yklaw.com Evelyn Sahr Drew M. Derco Nancy S. Sparks Bailey Leopard Anita Mosner Jennifer Nowak JetBlue FedEx UPS esahr@eckertseamans.com dderco@eckertseamans.com nssparks@fedex.com gbleopard@fedex.com anita.mosner@hklaw.com jennifer.nowak@hklaw.com Stephen Cristina US State Department cristinasa@state.gov John Duncan FAA Flight Standards john.s.duncan@faa.gov