			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 15, 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 7/15/05 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, beginning January 15, 2005.  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, Spirit’s proposed startup date.  By Notice of Action Taken
dated March 11, 2005, in the above-captioned docket, the Department
granted the request of Spirit to waive the startup condition for Ft.
Lauderdale-Mexico City combination air transportation and extend the
startup deadline through December 15, 2005.  As a condition of granting
the waiver, the Department directed Spirit to notify the Department by
July 15, 2005, of its intent to use the designation on or before
December 15, 2005. 

Application for Waiver of the Startup Condition:

On July 15, 2005, Spirit filed an application in the captioned docket
for a second waiver of the start-up condition, and asked that the
start-up deadline be extended for an additional period through June 15,
2006.  Spirit states that it is in the midst of its fleet refurbishment
process (replacing its MD-80 aircraft with new Airbus aircraft).  Spirit
anticipates commencing its Ft. Lauderdale-Mexico City service on or
about June 15, 2006.  Spirit notes that no party will be prejudiced by
approval of the application because no other carrier serves the Ft.
Lauderdale-Mexico City market. Spirit further notes that deferring the
proposed startup date will enable Spirit to commence its service at the
start of the peak travel season for Mexico City.

 

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

Disposition:

We have decided to grant the latest application filed by Spirit for a
waiver of the start-up deadline imposed in Docket OST-2004-19039, and
have further amended the start-up deadline through June 15, 2006, for
Ft. Lauderdale-Mexico City combination air transportation.  We find that
waiving the startup condition imposed on Spirit’s award would be 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 remind Spirit that, as noted in the
first grant of a waiver of the startup condition in this docket, 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 any
additional waiver request to further extend the start-up deadline will
be granted.  Spirit is advised that any future request to further extend
the startup deadline at issue here will have to be considered in light
of any specific new 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.  

The above action was effective when taken: September 15, 2005, through
June 15, 2006.   

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’s extension of the start-up deadline is effective through
June 15, 2006, or until the date on which Spirit begins service in the
Ft. Lauderdale-Mexico City market, whichever occurs earlier.  

