			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on March 11, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-19039

                     							       

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

Application of SPIRIT AIRLINES, INC. (SPIRIT) filed 1/13/05 for:

				 

XX  Waiver of start-up condition for scheduled services in the Ft.
Lauderdale-

Mexico City market

Background:

 

By Notice of Action Taken dated September 22, 2004, the Department
granted Spirit’s application, in Docket OST-2004-19039, to conduct
daily Ft. Lauderdale-Mexico City combination services with MD-80
aircraft on a year-round basis.  Spirit had advised us that it would
commence services on the route on January 15, 2005.  Thus, consistent
with our policy for U.S.-Mexico route awards, the authority was subject
to the condition that the dormancy notice period would begin on January
15, 2005.  Under those terms, Spirit must begin Ft. Lauderdale-Mexico
City services no later than April 15, 2005 (90 days from the date the
dormancy notice period begins--January 15). 

Application for Waiver of the Startup Condition:

On January 13, 2005, Spirit filed an application in the captioned docket
for a waiver of the start-up condition imposed, and asked that the
start-up deadline be extended for an additional period through December
15, 2005.  Spirit states that the delay for instituting the Ft.
Lauderdale-Mexico City service has been necessitated by aircraft fleet
modifications at the carrier (replacing its MD-80 aircraft with new
Airbus aircraft).  Spirit further states that, given current industry
conditions and the realities of its aircraft delivery schedule, it must
defer the anticipated start-up of the subject services until late fall
2005.  Spirit notes that no party will be prejudiced by approval of the
application because no other carrier serves the Ft. Lauderdale-Mexico
City market.

 

Applicant rep.: Anita M. Mosner (703) 294-5890  DOT Analyst:  Thuy H.
Cooper (202) 366-5423 

Disposition:

After careful consideration of this matter, we have decided to grant the
application filed by Spirit for a waiver of the start-up deadline
imposed by the Notice of Action Taken dated September 22, 2004 (in
Docket OST-2004-19039), and have amended the start-up deadline through
December 15, 2005, for Ft. Lauderdale-Mexico City combination air
transportation.  We found that waiving the startup condition imposed on
Spirit’s award here was in the public interest in the circumstances
presented; namely, that Spirit has accelerated its retirement of its
MD-80 aircraft and is working to take delivery of new Airbus aircraft
that it will use to serve the Ft. Lauderdale-Mexico City market; that it
is the only U.S. carrier authorized to serve the Ft. Lauderdale-Mexico
City market (leaving one U.S. designation opportunity available in this
market); and that no party opposed its request for a waiver.  

In taking this action, however, we put Spirit on notice that, should
other U.S. carriers file applications for Ft. Lauderdale-Mexico City
authority, we reserve the right to reconsider our decision here to
determine whether or not that decision continues to be in the public
interest.  In addition, there should be no expectation that an
additional waiver request to further extend the start-up deadline will
necessarily be granted.  Any future request to extend the waiver at
issue here will have to be considered in light of any specific arguments
offered and responses thereto, and in the context of the circumstances
present at that time, including whether another carrier seeks to use the
designation at issue.  

As a condition of the waiver approval here, we direct Spirit to advise
us no later than July 15, 2005, of its intent to use the designation on
or before December 15, 2005.  Based on Spirit’s response, along with
any other relevant circumstances presented to us at that time, we
reserve the right to reconsider whether or not approval of the waiver
continues to be in the public interest.  If Spirit fails to respond to
this request, the Department will withdraw Spirit’s designation for
the Ft. Lauderdale-Mexico City market.  

The above action was effective when taken: March 11, 2005, through
December 15, 2005.   

XX  Action taken by:	Paul L. Gretch, Director		

			Office of International Aviation

________________________________________________________________________
______

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy, and (2) grant of the request was consistent with the public
interest.  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://dms.dot.gov//reports/reports_aviation.asp

   Spirit should provide this information in the form of a letter
addressed to the Director, Office of International Aviation, X-40, 400
Seventh Street, SW, Washington, DC  20590 and place a copy of the letter
in Docket OST-2004-19039.   

   Spirit’s extension of the start-up deadline is effective through
December 15, 2005, or until the date on which Spirit begins service in
the Ft. Lauderdale-Mexico City market, whichever occurs earlier.  

