 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on February 26, 2007

   NOTICE OF ACTION TAKEN -- DOCKET OST-2007-27364         

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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).

Application of SPIRIT AIRLINES, INC. (SPIRIT) filed 2/15/07 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 from
points behind the United States, via points in the United States and
intermediate points, to points in Peru and beyond.  Spirit also requests
authority to perform charter service between the United States and Peru.

Applicant rep: Anita M. Mosner   (202) 419-2604     DOT Analyst: Thuy H.
Cooper   (202) 366-5423

D I S P O S I T I O N

XX  Granted in part (subject to conditions, see below)(see remarks
below)

XX  Balance dismissed (see remarks below)

The above action granting exemption authority was effective when taken:
February 26, 2007, through February 26, 2009.

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  Peru.

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 authority granted to serve intermediate and beyond
points is limited to countries with which the United States has signed
open-skies agreements and/or countries for which US Airways holds
authority to serve under certificates and exemptions issued by the
Department.

Remarks: We dismiss Spirit’s application to the extent that it
requests authority to conduct operations from points behind the United
States.  Such authority is inherent in the authority that we award U.S.
air carriers to perform foreign air transportation.  We also dismiss
Spirit’s application for U.S.-Peru charter authority.  As a
certificated air carrier (see Order 98-7-6), Spirit already holds
worldwide charter authority (see 49 U.S.C. 

§ 41109 (a)(5) and 14 C.F.R. § 212.1).

We acted on this application without awaiting expiration of the 15-day
answer period with the consent of all parties served with the
application.   	

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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 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 or dismissed, 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, 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 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;

(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.

										  

11/06

 Spirit intends to offer scheduled service between Ft, Lauderdale,
Florida and Lima and Chiclayo, Peru, beginning on or about May 1, 2007.

