UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on September 2 8 , 20 1 1

NOTICE OF ACTION TAKEN

-- DOCKET S DOT

- OST

- 20 1 1

- 0176

_______________________________________________________________________________________ This serves as notice to the public of the action s described below, taken by the Department official indicated (no additional confirming order will be issued in this mat ter).

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

XX E xemption 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 rep s : 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

, 20 1 1

, and will remain in effect indefinitely, subject to the conditions below

.

Action taken by: Paul L. Gretch, Director

O ffice of International Aviation

XX The authority granted is consistent with the aviation agreement s between the U nited S tates and

E cuador , and between the United States and Colombia

.

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

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 fr equencies 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 Unit ed 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 r eason 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 1 0 days of April 1 , 201 2 , the beginning of the month in which Spirit proposes to commence the subject services

. Failure to inaugurate service with a newly allocated frequency within 1 0 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

Cons ervation Act of 1975

. To the extent not granted, we denied all requests in the referenced Docket s

. 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 action s 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 filin g 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.govATTACHMENT

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 Departm ent, 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 app licable 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 a ll 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 t he holder is in compliance with the conditions imposed above.

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