UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC



### Issued by the Department of Transportation on Ju ly 28

, 2010

NOTICE OF ACTION TAKEN

- DOCKET DOT

- OST

- 2010

- 01 66

________________________________________________________________________________________ __________________ _________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no

additional confirm ing order will be issued in this matter).

Application of FRONTIER AIRLINES, INC. (Frontier)

, filed 6 /2 5 /10

, 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 between St. Louis, Missouri,

and Puerto Vallarta, Mexico. 1

Applicant rep: Robert E. Cohn ( 202) 637

- 4999 DOT Analyst: Linda L. Lundell (202) 366

- 2336

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action was effective when taken: Ju ly 28

, 2010, through Ju ly 28

, 2012

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and Mexico.

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

XX The holder ’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

____________________________________________________________________________________________ Conditions : The U.S.

- Mexico exemption authority granted is subject to the dormancy notice requirements set forth

in condition 7 of Appendix A of Order 88

- 10

- 2

, and the notice requ irements for seasonal/intermittent service as set

forth in Order 96

- 11

- 24, at 5. Consistent with our standard policy, the dormancy notice peri od will begin on

December 18, 2 010, Frontier’s proposed start

- up date for the proposed service s

.

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

qualified to provide the exemption 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

t he 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 Docke t

. We may amend, modify, or revoke the

authority granted in this No tice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action 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:

www.regulations.gov

1 Frontier states that it will provide seasonal service in the market, beginning December 18, 2010.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, con cerning 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 concer ning 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 o f 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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