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			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on June 24, 2005

NOTICE OF ACTION TAKEN -- DOCKETS OST-2002-130612005-21134

                                                                        
                                     OST-2002-13011 

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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 issued in this matter).

Applications of     FRONTIER AIRLINES, INC.AIRTRAN AIRWAYS, INC.
(AIRTRAN)  filed  6/11/20045/2/2005 for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:Renewal of exemption for two years under 49 U.S.C.
40109 to provide the following service:

Docket OST-2002-13061:

Scheduled foreign air transportation of persons, property, and mail
between: (1) the terminal point Denver, ColoradoAtlanta, Georgia, and
the terminal point Cancun, Mexico; (2) , andthe terminal point Orlando,
Florida, and the  the terminal point CancunCancun, Mexico; and (3) the
terminal point Tampa, Florida, and the terminal point Cancun, Mexico. 
AirTran proposed to institute these services on December 15, 2005.

.

Docket OST-2002-13011:

Scheduled foreign air transportation of persons, property, and mail
between (1) the terminal point Denver, Colorado, and the terminal point
San Jose del Cabo, Mexico; and (2) the terminal point

Denver, Colorado, and the terminal point Mazatlan, Mexico..  Frontier
requested that the authority be

renewed through August 23, 2006.  

Applicant rep:   Edward P. FabermanBert W. Rein  (202) 639-7501719-7045 
  DOT Analyst:  Linda L. LundellThuy H. Cooper   (202) 366-23365423

D I S P O S I T I O N

XX  Granted Atlanta-Cancun and Tampa-Cancun exemption authority renewal
of exemption authority for two years (subject to conditions, see below)

XX  Deferred as to the Orlando-Cancun request (see remarks below)

XX  Dismissed request for longer-term authority (see remarks, below) 

The above action was effective when taken:   : June 24, 2005 through 
through June 24, 2007.

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  Holder’s
certificates of public convenience and necessity

		XX  Standard Exemption Conditions (attached)

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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.  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.  Regarding the issue of the start-up
deadline, we have determined that, in the circumstances presented,
including AirTran’s proposed December 15, 2005 start-up date and the
fact that no party opposed the request, we will require AirTran to
institute the proposed services no later than December 15, 2005.  

Remarks:  We will handle the carrier’s request for authority to serve
the Orlando-Cancun market separately.  Under the U.S.-Mexico aviation
agreement, two U.S. airlines may be designated to provide direct carrier
(own aircraft) service in the Orlando-Cancun market.  Currently, no U.S.
carrier is designated to provide such services.  Thus, two designations
are available on this route.  However, four applications have been filed
for the Orlando-Cancun market (AirTran’s application here,
Boston-Maine Airways Corp.’s application in Docket OST-2003-14985,
Delta Air Lines’ application in Docket OST-2005-21284, and Spirit
Airlines’ application in Docket OST-2005-21165).  Therefore, we are
deferring action on AirTran’s request for authority to serve the
Orlando-Cancun market and will address it in the context of our
consideration of these other applications.  

Remarks:  In its application, Frontier requested that the subject
authority be renewed through August 23, 2006.  Consistent with our
standard practice for this type of application, we renewed Frontier’s
authority for two years and dismissed its request for longer-term
authority.

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On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the 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 Conservation Act of 1975. 
To the extent not granted or dismisseddeferred, we denied all requests
in the referenced Dockets.  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:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
http://dms.dot.gov//reports/reports_aviation.asp 

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 applicable requirements of the Federal Aviation
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 charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find 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
holder is in compliance with the conditions imposed above.

05/2004

 Competing applications and pleadings were filed with respect to the
Orlando-Cancun portion of the application (see remarks section).

   On _________, 7/23/03, the Department approved the carrier’s
request to convert its Denver-Mazatlan services from year-round to
seasonal.  All other services are offered on a year-round basis.

