UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 28, 2011

 NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2011-0176

_______________________________________________________________________________________

This serves as notice to the public of the actions described below, taken by the Department official indicated 

(no additional confirming order will be issued in this matter).

Application of SPIRIT AIRLINES, INC. (Spirit) filed 9/15/11 for:

XX Exemption for two years under 49 U.S.C. §40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail from the United States via 15

intermediate points to points in Ecuador.

1

XX Allocation of 14 U.S.-Ecuador weekly combination frequencies.

2

Applicant reps: Joanne W. Young (202) 331-3348 DOT Analyst: Brett D. Kruger (202) 366-8025 

DISPOSITION

XX Granted exemption authority (subject to conditions, see below)

XX Granted allocation of 14 frequencies (subject to conditions, see below)

The above action granting exemption authority was effective when taken: September 28, 2011, through 

September 28, 2013.

The above action allocating frequencies was effective when taken: September 28, 2011, and will remain in 

effect indefinitely, subject to the conditions below.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the aviation agreements between the United States and 

Ecuador, and between the United States and Colombia.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

XX Holder’s certificates of public convenience and necessity 

XX Standard exemption conditions (attached)

 1 Spirit states that it will initially operate between Fort Lauderdale, Florida, on the one hand, and Quito and Guayaquil, 

Ecuador, on the other hand. These flights will operate as one-stop service via Bogota, Colombia, in conjunction with 

the 14 U.S.-Colombia frequencies requested by Spirit in Docket DOT-OST-2011-0175. Spirit also requests that Bogota 

be named as one of the 15 intermediate points under Annex I Paragraph 1.A.(i) of the Protocol to Modify the Annexes 

to the Air Transport Agreement Between the United States and the Government of the Republic of Ecuador. We will 

act separately on Spirit’s request for U.S.-Colombia frequencies. 2 Spirit has advised us orally that it intends to begin these services in April 2012.
Remarks: We acted on this application without awaiting expiration of the answer period with the consent of 

all parties served with a copy of the application.

Conditions: Consistent with our standard practice, the frequencies allocated here are subject to our standard 

90-day dormancy condition, wherein any frequency not operated for a period of 90 days (once inaugurated 

and for any reason other than seasonal use), will be deemed dormant and the allocation as to that frequency 

will expire automatically and the frequency will revert to the Department for reallocation.

In addition, consistent with our practice in awarding frequencies, we will require that Spirit inaugurate 

service with the frequencies allocated here within 10 days of April 1, 2012, the beginning of the month in 

which Spirit proposes to commence the subject services. Failure to inaugurate service with a newly allocated 

frequency within 10 days of April 1, 2012 will result in the unused frequency reverting to the Department.

_______________________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the 

applicant qualified to provide the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action 

was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and

(3) grant of the authority would not constitute a major regulatory action under the Energy Policy and 

Conservation Act of 1975. To the extent not granted, we denied all requests in the referenced Dockets. We 

may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our 

discretion.

Persons entitled to petition the Department for review of the actions set forth in this Notice under the 

Department’s regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of 

issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not 

alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov
ATTACHMENT

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled 

operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the 

Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation 

Security Administration, and with all applicable U.S. Government requirements concerning security, 

including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government 

requirements concerning security, the holder shall, before commencing any new service (including charter 

flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to advise the PSI of its 

plans and to find out whether the Transportation Security Administration has determined that security is 

adequate to allow such airport(s) to be served; and

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as

may be prescribed by the Department of Transportation, with all applicable orders and regulations of other 

U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with the 

conditions imposed above.

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