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 th is 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 TH IS DOCKET, AND SERVED UPON THE PARTIES LISTED ABOVE, ON OR BEFORE JUNE 23, 2011. SPIRIT WILL POLL U.S. CARRIERSBEFORE 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 Nove mber 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, prope rty and mail between Detroit, Michigan and

Cancun, Mexico. Spirit operates this service on a s easonal 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 applicati on, 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 tr ansportation 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 certificat e authority to provide

combination service to limite d-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 Compan y that would affect those prior fitness

findings.

2. Spirit has served the Detroit – Canc un 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 trave ling public and provide s important low-fare

competition. Reinstatement/Renewal of Sp irit’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 fo reign air transp ortation 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, 2011Exemption Renewal Application of Spirit Airlines OST-2004-18692 Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that I have this day se rved the foregoing “A pplication 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