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 ) 

(Fort Lauderdale, Florida – Toluca, Mexico) ) 

 )

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 

(202) 331-3348 

(202) 331-3933 

Attorneys for 

SPIRIT AIRLINES, INC. 

January 18, 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 FEBRUARY 2, 2011. 

WE 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 ) 

(Fort Lauderdale, Florida – Toluca, Mexico) ) 

 )

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 authorizing it to engage in scheduled foreign air transportation of persons, 

property and mail between Fort Lauderdale, Florida, on the one hand, and Toluca, Mexico, on 

the other hand and to designate Spirit for such service. 

 In support of this application, Spirit states as follows: 

1. Spirit is a corporation organized and existing under and pursuant to the laws of 

the State of Delaware. Its principal office is located at 2800 Executive Way, Miramar, Florida 

33025. Spirit currently serves 45 destinations in the United States, Central America, the 

Caribbean, and South America. 

2. Spirit was founded in 1980, and has gateways in Detroit, Michigan and Ft. 

Lauderdale, Florida. It is the leading low-fare carrier serving routes between the U.S. and the 

Caribbean, as well as Latin America, currently serving 25 destinations in this region. 
Application of Spirit Airlines 

Ft. Lauderdale – Toluca Exemption 

Page 2 of 4 

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

§40102(a)(15). Its President and two-thirds of its Board of Directors and other managing 

officers are U.S. citizens, and at least 75 percent of its voting stock is owned and controlled by 

U.S. citizens. 

4. Spirit’s Ultra Low Cost Carrier (“ULCC”) services provide significant public 

benefits and advance the public interest by making low cost air travel much more available 

between the U.S. and Latin America at a time when economic and cultural ties between the U.S. 

and Latin America are on the rise. Specifically, Spirit plans to expand its low fair service to 

Mexico. Since 2004, Spirit has operated competitive service between Cancun, Mexico and Fort 

Lauderdale and provided an important travel option to the public. Spirit now seeks to expand its 

service to Mexico by being the first airline to offer direct flights between Fort Lauderdale and 

Toluca. As the state capital of Mexico State, Toluca is the center of the fifth largest urban area 

in Mexico, has a large number of cultural tourism destinations, and is second only to Mexico 

City in the number of museums. Importantly, Toluca’s proximity to Mexico City enables 

passengers seeking non-stop service to the capitol city of Mexico to have the additional low-fare 

option of flying into Toluca. Also, through its Fort Lauderdale gateway Spirit offers low-fare 

connecting service from Toluca to many communities in the Untied States. 

 5. Spirit’s proposed service is authorized by Annex I sections A1.a., B.4. and B.7. of 

the U.S.-Mexico Bilateral Air Transport Agreement as amended, which permits the United States 

to designate up to two U.S. carriers to serve this market. No U.S. carrier currently is designated 

to provide service between Ft. Lauderdale and Toluca so Spirit’s service clearly would advance 

the public interest by establishing a convenient low-cost alternative for travel between South 

Florida and Toluca/Mexico City. 
Application of Spirit Airlines 

Ft. Lauderdale – Toluca Exemption 

Page 3 of 4 

 

6. The Department has repeatedly found Spirit fit, willing, and able to 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 

(Order 98-7-6), a Certificate of Public Convenience and Necessity for foreign air transportation 

of persons, property, and mail to all open-skies countries (Order 2007-7-3), and a consolidated 

certificate of authority to provide combination service to limited-entry markets (other than 

Mexico) and non-open skies markets. See Order 2010-1-12. Additionally, Spirit has been a 

designated carrier for the U.S.-Mexico city pair of Fort Lauderdale-Cancun since spring of 2004. 

There have been no material changes within the Company that would affect those prior fitness 

findings. 

7. Spirit will initially operate flights twice a week between Fort Lauderdale and 

Toluca, and will add service depending on market demand. It will begin service on or about 

June 3, 2010 using Stage 3 Airbus 145 seat A319 and 178 seat A320 aircrafts. The initial 

service schedule is set forth at Exhibit NK-1. 

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

Department attaches to exemption authorities. 

 9. Spirit’s annual expected fuel burn of 492,710 gallons is well below 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. 

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

Department grant the exemption authority requested above for a minimum period of two years 

1

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

regular basis in its Form 41 reports. 
Application of Spirit Airlines 

Ft. Lauderdale – Toluca Exemption 

Page 4 of 4 

and designate Spirit for this service. Spirit further requests any different or additional 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 

(202) 331-3348 

(202) 331-3933 

Attorneys for 

SPIRIT AIRLINES, INC. 

January 18, 2011 
EXHIBIT NK-1 

SPIRIT AIRLINES, INC.

FORT LAUDERDALE (FLL) – TOLUCA (TLC) SERVICE

Departure Arrival Flight Stops Frequency Equipment 

FLL 

10:30 

TLC 

12:55 

533 0 Tuesday 

Friday 

319/320 

TLC 

13:55 

FLL 

18:05 

534 0 Tuesday 

Friday 

319/320 

Notes: 

1. All times listed are local times. 

 
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 

nssparks@fedex.com 

rpommer@atlasair.com 

bkeiner@crowell.com 

hershel.kamen@coair.com 

dan.weiss@coair.com 

sascha.vanderbellen@delta.com 

jeff.morgan@delta.com 

bruce.rabinovitz@wilmerhale.com 

jeffrey.manley@united.com 

robert.land@jetblue.com 

msinick@ssd.com 

cdonley@ssd.com 

anbird@fedex.com 

dvaughan@kelleydrye.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 

rsilverberg@sgbdc.com 

carl.nelson@aa.com 

mlbenge@zsrlaw.com 

bob.kneisley@wnco.com 

kquinn@pillsburywinthrop.com 

Robert.cohn@hoganlovell.com 

Sophy.chen@hklaw.com 

Anita.mosner@hklaw.com 

mchopra@jamhoff.com 

russell.bailey@alpa.org 

donna.kooperstein@usdoj.gov 

dwight.moore@ustranscom.mil 

john.allen@faa.gov 

urskr@state.gov 

gmeyer@broward.org 

esta.rosenberg@dot.gov 

brian.hedberg@dot.gov 

Linda.lundell@dot.gov 

 

 Lyndsey Grunewald 

January 18, 2011