BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 

 ) 

Application of ) 

 ) 

SPIRIT AIRLINES, INC. ) Docket OST-2003-15306 

 ) 

for exemption pursuant to ) 

49 U.S.C. § 40109 ) 

(Fort Lauderdale -Cancun) ) 

 )

APPLICATION OF SPIRIT AIRLINES, INC. 

FOR RENEWAL OF 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 

(202) 331-3348 (telephone) 

(202) 331-3933 (facsimile) 

Attorneys for 

SPIRIT AIRLINES, INC. 

Date: January 4, 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 JANUARY 19, 2011.
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 

 ) 

Application of ) 

 ) 

SPIRIT AIRLINES, INC. ) Docket OST-2003-15306 

 ) 

for exemption pursuant to ) 

49 U.S.C. § 40109 ) 

(Fort Lauderdale -Cancun) ) 

 )

APPLICATION OF SPIRIT AIRLINES, INC. 

FOR RENEWAL OF EXEMPTION 

 

 By Notice of Action Taken dated March 9, 2009, the Department renewed the 

Spirit Airlines, Inc. (“Spirit”) exemption from 49 U.S.C. § 41101, to engage in scheduled 

foreign air transportation of persons, property and mail between Fort Lauderdale, Florida 

and Cancun, Mexico. This exemption authority is set to expire on March 9, 2011. Spirit 

hereby applies for renewal of its Fort Lauderdale-Cancun exemption authority for at least 

a two-year period. 

 In support of this application, Spirit states as follows: 

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

40102(a)(15)(C). The Department has repeatedly found Spirit fit, willing, and able to 
Exemption Renewal Application of Spirit Airlines 

OST-2003-15306 

Page 2 of 3 

 

provide scheduled air transportation of persons, property, and mail. 1 Spirit holds a 

Certificate of Public Convenience and Necessity to provide interstate air transportation of 

persons, property and mail (See Order 98-7-6), as well as an Open Skies Certificate 

issued by Order 2007-7-3. Spirit also holds consolidated certificate authority to provide 

combination service to limited-entry entry markets (other than Mexico) and non-openskies markets. See Order 2010-1-12. There have been no material changes within the 

Company that would affect those prior fitness findings. 

2. Spirit has served the Fort Lauderdale-Cancun market since the spring of 

2004. Spirit’s low-fare Cancun service has stimulated demand and expanded the service 

options available to the traveling public. Also, through its Fort Lauderdale gateway, 

Spirit offers highly competitive low-fare connecting service to many communities in the 

United States. Renewal of Spirit’s exemption will advance the public interest by 

enabling Spirit to continue to provide its highly competitive low-fare service to Mexico. 

3. This Renewal Application is timely filed and Spirit hereby invokes the 

automatic extension provisions of 5 U.S.C. §558(c), as implemented by Part 377 of the 

Department’s procedural regulations. 

4. Renewing Spirit’s exemption authority does not raise any environmental 

or energy concerns. All flights will be performed with Stage 3 aircraft and the service 

will not result in a near-term increase in fuel consumption of 10 million gallons or more. 

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

Department renew this exemption for a minimum period of two years so that Spirit may 

1

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

Department on a regular basis. 
Exemption Renewal Application of Spirit Airlines 

OST-2003-15306 

Page 3 of 3 

continue to conduct scheduled foreign air transportation between Fort Lauderdale, 

Florida and Cancun, Mexico. Spirit further requests that the Department grant such 

additional relief as it deems appropriate. 

Respectfully submitted, 

 

Joanne W. Young 

David M. Kirstein 

Kirstein & Young, PLLC 

1750 K Street, N.W. 

Suite 200 

Washington, D.C. 20006 

(202) 331-3833 

(202) 331-3933 

Attorneys for 

SPIRIT AIRLINES, INC. 

January 4, 2011 
CERTIFICATE OF SERVICE

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

Airlines, Inc. for Renewal of an Exemption” by email on the following persons: 

rbkeiner@crowell.com 

hershel.kamen@coair.com 

dan.weiss@coair.com 

scott.mcclain@delta.com 

sametta.c.barnett@delta.com 

sascha.vanderbellen@delta.com 

jeffrey.manley@united.com 

msinick@ssd.com 

cdonley@ssd.com 

anbird@fedex.com 

carl.nelson@aa.com 

dvaughan@kelleydrye.com 

kevin.montgomery@polaraircargo.com 

benjamin.slocum@usairways.com 

jrichardson@johnlrichardson.com 

mroller@rollerbauer.com 

howard_kass@usairways.com 

robert.land@jetblue.com 

jhill@dlalaw.com 

mgoldman@sgbdc.com 

dhainbach@ggh-airlaw.com 

pmurphy@lopmurphy.com 

russell.bailey@alpa.org 

patrick.nickens@hg.transcom.mil 

john.Allen@faa.gov 

esta.Rosenberg.dot.gov 

brian.Hedberg@dot.gov 

urskr@state.gov 

 ___________________________________ 

 David M. Kirstein 

Dated: January 4, 2011