BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

SPIRIT AIRLINES, INC. ) Docket OST-2012-_____

)

for exemptions pursuant to )

49 U.S.C. § 40109 )

(San Diego–San Jose del Cabo, Mexico; )

Dallas/Fort Worth– San Jose del Cabo, Mexico) )

 )

APPLICATION OF SPIRIT AIRLINES, INC.

FOR EXEMPTIONS

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.

July 16, 2012

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 JULY 31, 2012. WE 

WILL POLL U.S. CARRIERS.
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

SPIRIT AIRLINES, INC. ) Docket OST-2012-_____

)

for exemptions pursuant to )

49 U.S.C. § 40109 )

(San Diego–San Jose del Cabo, Mexico; )

Dallas/Fort Worth– San Jose del Cabo, Mexico) )

 )

APPLICATION OF SPIRIT AIRLINES, INC.

FOR EXEMPTIONS

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 exemptions from 49 U.S.C.

§ 41101 authorizing it to engage in scheduled foreign air transportation of persons, property and 

mail between San Diego, California on the one hand and San Jose del Cabo, Mexico, on the 

other hand as well as between Dallas/Fort Worth, Texas on the one hand, and San Jose del Cabo, 

Mexico, on the other hand and to designate Spirit for such service.

1

 

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 nearly 60 destinations in the United States, Central America, the 

Caribbean, and South America.

 

1 Upon issuance of the exemptions requested herein, as well as the exemption requested by application filed July 2, 

2012 in Docket DOT-OST-2012-0106, Spirit requests that all three exemptions be added to its consolidated U.S.-

Mexico Certificate of Public Convenience and Necessity for Route 907 (Order 2012-6-12). 
Application of Spirit Airlines, Inc. for Exemptions

SAN-SJD, DFW-SJD

Page 3

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

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

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

citizens.

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

scheduled air transportation of persons, property, and mail.2 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), a consolidated 

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

Mexico) and non-open skies markets (Order 2010-1-12), and a consolidated certificate of 

authority to provide combination service in various U.S.-Mexico markets (Order 2012-6-12). 

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

findings. 

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. Its service has stimulated significant growth in these 

markets. 

5. Spirit’s proposed service is authorized by Annex I sections A.1.a., and B.5. of the

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

designate up to three U.S. carriers to serve these markets. Only one U.S. carrier is currently 

designated to provide service between San Diego and San Jose del Cabo, and only one U.S. 

 

2

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, Inc. for Exemptions

SAN-SJD, DFW-SJD

Page 4

carrier is currently designated to provide service between Dallas/Fort Worth and San Jose del 

Cabo. Spirit’s service would advance the public interest by increasing competition on these

routes.

6. Spirit plans to begin daily service between San Diego and San Jose del Cabo on 

November 8, 2012. Spirit plans to operate 4 weekly roundtrip flights, with the ability to grow 

into daily service, between Dallas/Ft. Worth and San Jose del Cabo beginning June 13, 2013. 

Stage 3 Airbus 145 seat A319 and 178 seat A320 aircraft will be used for both routes. The 

initial service schedule for SAN-SJD is set forth at Exhibit NK-1. The initial service schedule for 

DFW-SJD is set forth at Exhibit NK-2. 

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

Department attaches to exemption authorities.

8. Spirit’s annual expected fuel burn for SAN-SJD is 1,110,360 gallons. The annual 

expected fuel burn for DFW-SJD is 1,472,927.3This amount is well below the ten million gallon 

threshold specified in Section 313.4(a)(1) of Department regulations. Approval of Spirit’s 

application does not qualify as a major regulatory action under Part 313.

 

3 Expected fuel burn is calculated on the basis of one daily roundtrip flight using A320 aircraft.
Application of Spirit Airlines, Inc. for Exemptions

SAN-SJD, DFW-SJD

Page 5

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

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

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.

July 16, 2012
EXHIBIT NK-1

Notes: All times listed are local times.

SPIRIT AIRLINES, INC.

SAN DIEGO (SAN) – SAN JOSE DEL CABO (SJD) SERVICE

Departure Arrival Flight Stops Frequency Equipment

EFF 11/08/12 DIS 03/09/13

SAN

10:10

SJD

13:15

107 0 Daily 319/320

SJD

14:15

SAN

15:15

108 0 Daily 319/320

EFF 03/10/13 DIS 04/06/13

SAN

10:10

SJD

12:15

107 0 Daily 320

SJD

13:15

SAN

15:15

108 0 Daily 320

EFF 04/07/13 

SAN

10:10

SJD

13:15

107 0 Daily 319/320

SJD

14:15

SAN

15:15

108 0 Daily 319/320
EXHIBIT NK-2

Notes: All times listed are local times.

SPIRIT AIRLINES, INC.

DALLAS/FORT WORTH (DFW) – SAN JOSE DEL CABO (SJD) SERVICE

Departure Arrival Flight Stops Frequency Equipment

EFF 06/13/13

DFW

13:35

SJD

15:15

275 0 2467 319

SJD

16:15

DFW

20:00

276 0 2467 319
CERTIFICATE OF SERVICE

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

Inc. for Exemptions” by email on the following persons:

msinick@ssd.com (Alaska)

bob.kneisley@wnco.com (AirTran)

leslie.abbott@wnco.com (AirTran)

Carl.nelson@aa.com (American)

francis.heil@aa.com (American)

james.kaleigh@aa.com (American)

robert.wirick@aa.com (American)

jcanny@amerijet.com (Amerijet)

jrichardson@johnlrichardson.com (Amerijet)

rpommer@atlasair.com (Atlas)

Stephen.lachter@lachterlaw.com (ASTAR)

jeff.morgan@delta.com (Delta)

sascha.vanderbellen@delta.com (Delta)

cefelts@fedex.com (FedEx)

Patrick.rizzi@hoganlovells.com (Frontier)

Robert.cohn@hoganlovells.com (Frontier)

jhill@dowlohnes.com (JetBlue)

robert.land@jetblue.com (JetBlue)

Thella Bowens

President, San Diego County Regional Airport 

Authority

tbowens@san.org

Breton Lobner

General Counsel, San Diego International 

Airport

bklobner@airports.ci.la.ca.us

James Crites

Executive Vice President, Operations

Dallas/Fort Worth Int’l Airport

jcrites@drwairport.com

kevin.montgomery@polaraircargo.com (Polar)

john.Fredericksen@suncountry.com (Sun 

Country)

steve.morrissey@united.com (United)

dan.weiss@united.com (United)

jonathan.linde@united.com (United)

lhalloway@crowell.com (United)

rbkeiner@crowell.com (United)

gmurphy@crowell.com (United)

Anita.mosner@hklaw.com (UPS)

Jennifer.nowak@hklaw.com (UPS)

Benjamin_slocum@usairways.com (US 

Airways)

howard_kass@usairways.com (U.S. Airways)

pmurphy@lopmurphy.com (USA 3000)

john.varley@virginamerica.com (Virgin 

America)

barbara.russell@virginamerica.com (Virgin 

America)

john.allen@faa.gov

urskr@state.gov

esta.rosenberg@dot.gov

brian.hedberg@dot.gov

Michael Goldman

Counsel, Dallas/Fort Worth Int’l Airport

mgoldman@sgbdc.com

 Lyndsey Grunewald

July 16, 2012