			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on December 9, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-21165        	       

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 5/3/05 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 the terminal point Orlando, Florida, and the terminal point
Cancun, Mexico.  Spirit anticipates beginning its proposed service on
December 31, 2006. 

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

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: December 9, 2005, through
December 9, 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.  (See remarks, below.)

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)

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.  Regarding the issue of the start-up deadline, we have
determined that, in the circumstances presented, we will require Spirit
to institute the proposed service no later than December 31, 2006. 

Remarks:  Under the current U.S.-Mexico aviation agreement, two U.S. air
carriers may be designated to provide direct carrier (own-aircraft)
combination 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.  Four applications were filed for the
Orlando-Cancun market, i.e., Spirit’s exemption application here,
Boston-Maine Airways Corp.’s certificate application in Docket
OST-2003-14985, AirTran Airways’ exemption application in Docket
OST-2005-21134, and Delta Air Lines’ exemption application in Docket
OST-2005-21284.  

By letter dated August 2, 2005, the Department stated its intent to
defer action on all pending Boston-Maine applications until the Office
of the Inspector General (OIG) completes an investigation into a number
of matters raised in Boston-Maine’s applications and the Department
has fully reviewed the OIG report.  That investigation remains ongoing. 
On October 17, 2005, AirTran withdrew its application to serve the
Orlando-Cancun market.  On November 22, 2005, Delta withdrew its
application to serve the Orlando-Cancun market.  Consequently, Spirit is
the only remaining applicant now situated such as to be eligible for an
award of authority at this time in the Orlando-Cancun market.  We will
accordingly grant Spirit’s request for exemption authority to serve
the subject market.   

________________________________________________________________________
______

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 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:

  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

 By Notice of Action Taken dated June 24, 2005, in the instant docket,
we granted Spirit’s request for exemption authority to serve the
Tampa-Cancun market and deferred action on the carrier’s request for
authority to serve the Orlando-Cancun market in light of the competing
applications we have received with respect to the Orlando-Cancun portion
of Spirit’s application (see remarks).  This Notice of Action Taken
addresses the still-pending portion of the applicant’s request.     

 By letter dated November 30, 2005, Spirit notified the Department that
it revised the start-up date for Orlando-Cancun service due to the
extensive infrastructure damage caused by Hurricane Wilma in Cancun.  

 See letter dated December 5, 2005 from Michael W. Reynolds, Acting
Assistant Secretary for Aviation and International Affairs, to David a.
Fink, President of Boston-Maine Airways Corp., copied in Docket
OST-2003-14985.

