UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on November 29 , 201 1

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 201 1

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_________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Departme nt official indicated (no additional confirming order will be issued in this matter).

Application of AirTran Airways, Inc. (AirTran)

, filed 11/14/11

, 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 between (1) San Antonio, Texas (SAT) , and Mexico City , Mexico (MEX) ; (2) San Antonio, Texas (SAT) , and Cancun, Mexico (CUN) ; (3) Orange County, California (SNA)

, 1 and Mexico City, Mexico (MEX) ; and (4) Orange County, California (SNA) , and San Jose del Cabo, Mexico (SJD)

. 2 3

Applicant rep: Robert W. Kneisley (202) 263

- 6284 DOT Analyst: Brett D. Kruger (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 29 , 201 1

, through November 29 , 201 3

.

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. Consistent with our standard policy, the dormancy notice period will begin on the carrier’s proposed start

- up dates for the subject services as follows: May 24, 2012, for the San Antonio

- Mexico City and San Antonio

- Cancun services;

and June 1, 2012, for the Orange County

- Mexico City and Orange County

- San Jose del Cabo services

.

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

- day answer period with the consent of all parties served with a copy of the ap plication.

1 SNA is the airport code for the John Wayne Airport in Santa Ana, California.

2 AirTran proposes to commence year

- round services on the San Antonio

- Mexico City and San Antonio

- Cancun routes on or about May 24, 2012, and on the Orange County

- Mexico City and Orange County

- San Jose del Cabo
routes on or about June 1, 2012.

3 With respect to services to and from Orange County, we will designate AirTran to provide service to and from Santa Ana, California, consistent with the carrier’s application and with the U.S.

- Mexico aviation agreement.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 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. 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 Depart ment 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.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 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 applicab le 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 ap plicable 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 fi nd 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 ho lder is in compliance with the conditions imposed above.

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