UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on November 28

, 20 1 1



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 11

- 0 209

_________ _______________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official

indicated (no additional confirming order will be is sued in this matter).

Application of Frontier Airlines, Inc. (Frontier) filed 11/14 / 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 betwee n Philadelphia,

Pennsylvania; Cleveland, Ohio ; and Rockford, Illinois, on the one hand, and Cancun, Mexico, on

the other hand. 1

Applicant rep: Robert E. Cohn (202) 637

- 4999 DOT Analyst: Brett D. Krug er (202) 366

- 8025

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: November 28 , 20 11

, through November 28 , 201 3

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent wit h 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 Holder’s certificate s 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 requirements for

seasonal/intermittent services as set forth in Order 96

- 11

- 24, at 5. Consistent with our standard policy,

the dormancy notice period will begin on February 1, 2012, Frontier’s proposed start

- up date for the

subject services.

Remarks : We acted on this application without awaiting expiration of the 15

- day answer period with

the consent of all parties served with the application.

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.

1 Frontier proposes to offer seasonal services on the subject routes beginning February 1, 2012.

### 2

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

action was consistent with Department polic y; (2) grant of the application 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

Docket. 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 set forth in this Notice under the

Departme nt’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 ver sion of this document is available on the World Wide Web at:

http:// www.regulations.gov

### A TTACHMENT

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 oper ating 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 charte r 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 b e served;

(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.

1/2008