BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 

 ) 

Application of ) 

 ) 

SPIRIT AIRLINES, INC. ) Docket OST-2004-18692 

 ) 

for exemption pursuant to ) 

49 U.S.C. § 40109 ) 

(Detroit -Cancun) ) 

 )

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 (telephone) 

(202) 331-3933 (facsimile) 

Attorneys for 

SPIRIT AIRLINES, INC. 

June 7, 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 JUNE 23, 2011. 

 SPIRIT WILL POLL U.S. CARRIERS 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 

 ) 

Application of ) 

 ) 

SPIRIT AIRLINES, INC. ) Docket OST-2004-18692 

 ) 

for exemption pursuant to ) 

49 U.S.C. § 40109 ) 

(Detroit -Cancun) ) 

 )

APPLICATION OF SPIRIT AIRLINES, INC. 

FOR EXEMPTION 

 

 By Notice of Action Taken dated November 7, 2006, 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 Detroit, Michigan and 

Cancun, Mexico. Spirit operates this service on a seasonal basis. As the service was not 

being operated at the time the exemption was to expire, a timely renewal application was 

not submitted. Accordingly, Spirit hereby applies for reinstatement/renewal of its 

Detroit-Cancun exemption authority for at least a two-year period. 

 In support of this application, Spirit states as follows: 
Exemption Renewal Application of Spirit Airlines 

OST-2004-18692 

Page 2 of 4 

 

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 

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 markets (other than Mexico) and non-open-skies 

markets as well as an Exemption Authority for Ft. Lauderdale – Toluca, Mexico. See 

Order 2010-1-12 and NOAT Docket OST-2011-0011 (January 26, 2011). There have 

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

findings. 

2. Spirit has served the Detroit – Cancun market on a seasonal basis since 

2005. Spirit’s low-fare non-stop Cancun service has stimulated demand and expanded 

the service options available to the traveling public and provides important low-fare 

competition. Reinstatement/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. Spirit’s exemption application 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. 

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-2004-18692 

Page 3 of 4 

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

Department reinstate/renew this exemption for a minimum period of two years so that 

Spirit may continue to conduct scheduled foreign air transportation between Detroit 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. 

June 7, 2011 
Exemption Renewal Application of Spirit Airlines 

OST-2004-18692 

Page 4 of 4 

CERTIFICATE OF SERVICE

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

Airlines, Inc. for Reinstatement/Renewal of an Exemption” by email on the following 

persons: 

scott.mcclain@delta.com 

sametta.c.barnett@delta.com 

dan.weiss@coair.com 

sascha.vanderbellen@delta.com 

jeffrey.manley@united.com 

msinick@ssd.com 

cdonley@ssd.com 

anbird@fedex.com 

carl.nelson@aa.com 

anita.mosner@hklaw.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 

efaberman@wileyrein.com 

Robert.cohn@hoganlovells.com 

Patrick.rizzi@hoganlovells.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: June 7, 2011