BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

Application of ) 

 ) 

SPIRIT AIRLINES, INC. ) Docket OST-2011-_____ 

 ) 

for an exemption pursuant to ) 

49 U.S.C. § 40109 ) 

(U.S. - Ecuador) ) 

 )

APPLICATION OF SPIRIT AIRLINES, INC. 

FOR AN EXEMPTION 

Communications with respect to this document should be sent to: 

Joanne W. Young 

David M. Kirstein 

KIRSTEIN & YOUNG, PLLC 

1750 K Street, N.W., Suite 200 

Washington, D.C. 20006 

Telephone: (202) 331-3348 

Facsimile: (202) 331-3933 

jyoung@yklaw.com

dkirstein@yklaw.com

Attorneys for Spirit Airlines, Inc.

September 15, 2011 

NOTICE: ANY PERSON MAY FILE AN ANSWER TO THIS APPLICATION. 

ANSWERS MUST BE FILED IN THIS DOCKET, AND SERVED UPON THE 

PARTIES LISTED ABOVE, ON OR BEFORE SEPTEMBER 30, 2011. 

SPIRIT WILL POLL U.S. CARRIERS.
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

Application of ) 

 ) 

SPIRIT AIRLINES, INC. ) Docket OST-2011-_____ 

 ) 

for an exemption pursuant to ) 

49 U.S.C. § 40109 ) 

(U.S. - Ecuador) ) 

 )

APPLICATION OF SPIRIT AIRLINES, INC. 

FOR AN EXEMPTION 

 Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Procedural Rules, 

14 CFR § 302.301, et seq., Spirit Airlines, Inc. (“Spirit”) applies for an exemption from 49 

U.S.C. § 41101 to authorize scheduled foreign air transportation of persons, property and mail 

between the United States and Ecuador. Spirit will initially operate between Fort Lauderdale, 

Florida on the one hand and Quito and Guayaquil, Ecuador on the other hand. The flights will 

operate as one-stop service via Bogotá, Colombia, in conjunction with frequencies requested by 

Spirit in an Application submitted concurrently pursuant to the Notice to allocate new Colombia 

frequencies issued by the Department on August 31, 2011. Spirit requests that Bogotá be named 

as one of the 15 intermediate points under Annex I Paragraph 1. A. (i) of the Protocol to Modify 

the Annexes to the Air Transport Agreement Between the Government of the United States and 
Application of Spirit Airlines 

U.S.-Ecuador Exemption 

Page 2 of 5 

 

the Government of the Republic of Ecuador (POM).1 In addition, Spirit requests an allocation of 

14 weekly Ecuador frequencies to conduct this service and that it be designated to the 

Government of Ecuador. 

 In support of this application, Spirit states as follows: 

 1. Spirit was founded in 1980 and has its international gateway at Ft. Lauderdale, 

Florida. Spirit became a publically traded company on May 26, 2011. Spirit is the leading lowfare carrier to the Caribbean, the Bahamas and Latin America. As of September 2011, Spirit 

serves 56 destinations, 25 of which are in the Caribbean, Central or South America, including 

Bogotá, Colombia. 

 2. Spirit’s Ultra-Low-Cost-Carrier (“ULCC”) services advance the public interest by 

making air travel much more available between the U.S. and Latin America at a time when U.S. 

economic and cultural ties with Latin America are critical and on the rise. Spirit has received an 

extraordinarily positive response in Latin American to the ULCC service it has instituted in 

various markets during the last four years. Spirit now seeks to expand its low fare service to 

Ecuador by using available Ecuador frequencies and combining service with new service to 

Bogotá. 

 3. Specifically, Spirit requests the following authority: “From the United States via 

15 intermediate points to points in Ecuador.” 

 4. Spirit is a citizen of the United States within the meaning of 49 U.S.C. § 40102 

(a)(5), and is fit, willing and able to perform the foreign air transportation described herein.2

Spirit holds a Certificate of Public Convenience and Necessity to provide interstate air 

1

 Memorandum of Consultations signed June 4, 1010 

2

 Spirit requests that the Department take official notice of the financial information Spirit provides to the 

Department on a regular basis. 
Application of Spirit Airlines 

U.S.-Ecuador Exemption 

Page 3 of 5 

transportation of persons, property and mail. See Order 98-7-6, holds a Blanket Open Skies 

Certificate for foreign air transportation pursuant to Order 2007-7-3, dated May 7, 2007 and a 

consolidated certificates for limited entry/frequency markets and non-open skies markets with no 

entry/frequency restrictions pursuant to Order 2010-1-12, served January 15, 2010. There have 

been no material changes within the Company that would affect prior fitness findings. 

 5. Spirit intends to initially offer daily scheduled air service between Ft. Lauderdale, 

Florida and both Quito and Guayaquil using Airbus A319 or A320 aircraft with 144-seat and 178 

seats respectively, pursuant to the schedule attached as Exhibit NK-1. Spirit will bring important 

new competition to the market and will be prepared to begin service if it receives the necessary 

additional Bogotá frequencies and all needed government approvals. In this connection, Spirit 

requests expedited approval of this application. Spirit may adjust the mix of flights between 

Quito and Guayaquil depending on demand and season. 

 6. The service requested by Spirit is expressly authorized by the POM and is 

consistent with the underlying Air Transport Agreement between the U.S. and Ecuador. 

 7. Spirit’s service will: enhance competition in the U.S.- Ecuador market which 

currently has no low fare service to the U.S. The new low fare service option will greatly benefit 

consumers and stimulate additional personal and business travel. Spirit’s proposed new service 

to Ecuador’s two largest cities Guayaquil and Quito (also the capital) clearly will advance the 

public interest in utilizing the frequencies obtained through the efforts of the U.S. Government in 

the negotiation of the POM. 

 8. Spirit will continue to abide by all the conditions and limitations the Department 

attaches to exemption authorities. 
Application of Spirit Airlines 

U.S.-Ecuador Exemption 

Page 4 of 5 

 9. Spirit does not anticipate that annual fuel consumption for its service will exceed 

the ten million gallon threshold specified in Section 313.4(a)(1) of the Department’s regulations. 

Approval of Spirit’s application does not qualify as a major regulatory action under Part 313 of 

the Department’s rules. See Exhibit NK-1. 

 WHEREFORE, for the foregoing reasons, Spirit respectfully requests that the 

Department grant this Application for: (1) an exemption for a minimum of two years to operate 

scheduled foreign air transportation between the United States (Ft. Lauderdale) on the one hand 

and a point or points in Ecuador; (2) an allocation of fourteen weekly frequencies for this 

service; (3) the designation of Bogotá, Colombia as an intermediate point for service to Ecuador; 

and (4) a designation to the Government of Ecuador for this service. Spirit further requests any 

further relief that the Department may deem necessary. 

 Respectfully submitted, 

Joanne W. Young 

David M. Kirstein 

KIRSTEIN & YOUNG, PLLC 

1750 K Street, N.W., Suite 200 

Washington, D.C. 20006 

Telephone: (202) 331-3348 

Facsimile: (202) 331-3933 

jyoung@yklaw.com

dkirstein@yklaw.com

Attorneys for Spirit Airlines, Inc.

September 15, 2011
EXHIBIT NK-1 

SPIRIT AIRLINES, INC. 

FORT LAUDERDALE –GUAYAQUIL SERVICE

NK NK 

Frequency: 1356 Frequency : 1356 

Fl. 807 DEP FLL – 10:35 AM 

ARR GYE - 3 :45 PM* 

Fl. 402 DEP GYE – 4 :25 PM 

ARR FLL – 11:55 PM 

Frequency 247 Frequency 247 

Fl 805 DEP FLL – 5:35 AM 

ARR GYE – 10:45 AM 

Fl 400 DEP GYE -11:25 AM 

ARR FLL – 6:55 PM 

FORT LAUDERDALE –QUITO SERVICE

NK NK

Frequency: 1356 Frequency : 1356 

Fl 805 DEP FLL -6 :10 AM 

ARR UIO – 11 :00 AM 

Fl. 400 DEP UIO -11 :40 AM 

ARR FLL – 6 :55 PM 

Frequency 247 Frequency : 247 

Fl. 807 DEP FLL 10 :35 AM 

ARR UIO – 3 :25 PM 

Fl. 402 DEP UIO - 4 :05 PM 

ARR FLL – 11 :20 PM 

Estimated Annual Additional Fuel Usage based on extension to/from Bogotá – 

1,708,200 gallons. 

 

*

 
CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing “Application of Spirit Airlines, 

Inc. for an Exemption” by email on the following persons: 

pmurphy@lopmurphy.com patrick.rizzi@hoganlovells.com 

dan.weiss@coair.com russell.bailey@alpa.org 

jeff.morgan@delta.com 

sascha.vanderbellen@delta.com 

steve.morrissey@united.com 

robert.land@jetblue.com 

msinick@ssd.com 

john.allen@faa.gov 

urskr@state.gov 

esta.rosenberg@dot.gov 

brian.hedberg@dot.gov 

brett.kruger@dot.gov 

cdonley@ssd.com 

anbird@fedex.com 

kevin.montgomery@polaraircargo.com 

jrichardson@johnlrichardson.com 

efaberman@wileyrein.com 

howard.kass@usairways.com 

benjamin.slocum@usairways.com 

jhill@dlalaw.com 

mgoldman@sgbdc.com 

carl.nelson@aa.com 

robert.cohn@hoganlovells.com 

 

 

 __________________________ 

 Lyndsey Grunewald 

September 15, 2011