UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on February 28

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### NOTICE OF ACTION TAKEN

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_________ _______________________________________________________________________________________________________ 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 2/21/12 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 between (1) Cincinnati, Ohio,

and Cancun, Mexico ; (2) Pittsburgh, Pennsylvania, and Cancun, Mexico; (3) Chicago, Illinois, and Huatulco, Mexico; and (4) St. Louis, Missouri, and Huatulco, Mexico

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Applicant rep: Robert E. Cohn (202) 637

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

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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: February 28 , 20 1 2

, through February 28 , 201 4

. Action taken by: Paul L. Gretch, Director

Office of Inter national 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 Holder’s certificate s of public convenience and necessity

XX Standard Exemption Conditions (attached)

____________________________________________________________________________________ Conditions : The U.S.

- Mexico exemption authority granted is subjec t to the dormancy notice requirements set forth in condition 7 of Appendix A of Order 88

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- 2, and as to the Pittsburgh

- Cancun, Chicago

- Huatulco, and St. Louis

- Huatulco markets, the notice requirements for seasonal/intermittent

services as set forth in Ord er 96

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- 24, at 5. 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: April 7

, 2012, for the Cincinnati

- Cancun services; May 3 , 2012, for the Pittsburgh

- Cancun services ; December 17, 2012, for the Chicago

- Huatulco services; and May 25, 2012, for the St. Louis

- Huatulco services

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1 Frontier proposes to begin year

- round service between Cincinnati and Cancun on or about April 7, 2012; seasonal service between Pittsburgh and Cancun on or about May 3, 2012 ; seasonal service between C hicago and Huatulco on or about December 17, 2012 ; and seasonal service between St. Louis and Huatulco on or about May 25, 2012.

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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.

Under authority assigned by the Department in its re gulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (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 En ergy 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 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

### A TTACHMENT U.S. Carrier Exemption Conditions

In the conduct of the opera tions 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 o perations, 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) Exce pt 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 Avia tion 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 requiremen ts 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 S ecurity Administration has determined that security is adequate to allow such airport(s) to be served;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department of Tran sportation, 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 conditio ns imposed above.

1/2008