BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

) Application of ) ) SPIRIT AIRLINES, INC. ) Docket OST-2010-_____ ) for an exemption pursuant to ) 49 U.S.C. § 40109 ) (U.S.-Barranquilla, Colombia) ) )

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 (202) 331-3933 Attorneys for SPIRIT AIRLINES, INC.

Dated: February 26, 2010

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 MARCH 12, 2010. WE WILL POLL U.S. CARRIERS.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

) Application of ) ) SPIRIT AIRLINES, INC. ) Docket OST-2010-_____ ) for an exemption pursuant to ) 49 U.S.C. § 40109 ) (U.S.-Barranquilla, Colombia) ) )

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 enga ge in scheduled foreign ai r transportation of persons,

property and mail between points in the Unit ed States, on the one hand, and Barranquilla,

Colombia, on the other hand and to desi gnate Spirit for such service.

In support of this applicati on, Spirit states as follows:

1. Spirit is a corporation organized and ex isting under and pursua nt to the laws of

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

33025. Spirit currently serves 40 destinations in the United States, Central America, the

Caribbean, and South America.

2. Spirit was founded in 1980, and has gatewa ys 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 U.S.-Barranquilla, Colombia Exemption Page 2 of 4
3. Spirit is a citizen of the United St ates 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 (“UL CC”) services provide significant public

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

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

and Latin America are on the rise. Specificall y, Spirit has been expanding its important and

highly competitive low fare service option throughout Colombia, one of the closest U.S. allies in

South America. Spirit cu rrently serves Armenia, Bogotá, Cartagena, and Medellín. Spirit has

received extraordinarily positive responses in Colombia and generally throughout Latin America

to its ultra low cost service. It seeks this exemption pursuant to section 1.b)ii of the September

27, 2007 amendment to the U.S.-Colombia Air Tran sport Agreement that makes Barranquilla an

open skies point for service from the United States.

5. Specifically, Spirit requests authority for service between a point or points in the

United States via intermediate points to Barra nquilla, Colombia and beyond to points in the

Western Hemisphere. The Northern Colombian city of Barranquilla, is the capital of the

Atlántico Department, and is the largest industr ial city and port in the Colombian Caribbean

region. Strategically located by the Magdalena Ri ver, Barranquilla serves as a port for river and

maritime transportation. Also, Barranquilla is we ll-known as the cradle of Colombian aviation

and for its carnival.

6. The Department has repeatedly found Sp irit fit, willing, and able to provideApplication of Spirit Airlines U.S.-Barranquilla, Colombia Exemption Page 3 of 4
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 c ountries (Order 2007-7-3), and a Certificate of

Public Convenience and Necessity for limited entry and unlimited entry to foreign markets 2

. Spirit has also been awarded authority to serve se veral U.S.-Colombia market s. There have been

no material changes within the company that w ould affect those prior fitness findings.

7. Spirit initially will operate daily fl ights between Fort Lauderdale, Florida and

Barranquilla, Colombia and will add service depending on market demand. It will begin service

on or about June 24, 2010 using Stage 3 Airbus 144 seat, A319 aircraft. The initial service

schedule is set forth at Exhibit NK-1.

8. Spirit’s entry into the U.S.-Barranqu illa market will expand the service options

available to the traveling public and stimulate ad ditional personal and business travel. Currently

there is no non-stop U.S. carrier service betw een Barranquilla and the United States and no lowfare service. Spirit’s low-fare service would generate new travel and provide great consumer

benefits to the traveling public in the U.S.-Barranquilla market. As such, Spirit’s proposed new

service clearly would adva nce the public interest.

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

Department attaches to exemption authorities.

10. Spirit annual expected fuel burn of 610,000 gallons is well below the ten million

gallon threshold specified in Se ction 313.4(a)(1) of the Department ’s regulations. Approval of

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.
2 See Order 2010-1-12.Application of Spirit Airlines U.S.-Barranquilla, Colombia Exemption Page 4 of 4
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,

and designate Spirit for this service. Spirit furt her 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.

February 26, 2010EXHIBIT NK-1



## S PIRIT 

## A IRLINES 

## , INC.

F ORT 

### L AUDERDALE 

### (FLL)

– B ARRANQUILLA 

### (BAQ) S ERVICE

Departure Arrival Flight Stops Frequency Equipment

FLL 23:30 BAQ 1:10+1 551 0 246 319

BAQ 2:00 FLL 5:45 552 0 357 319

Notes:

1. All times listed are local times. 2. Arrival and Departure times in Barranquill a will be one hour la ter during dates in November-March when the United States in not on Daylight Savings Time.CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing “Applicati on 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 jonathan.moss@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 mroller@rollerbauer.com howard_kass@usairways.com benjamin.slocum@usairways.com jhill@dlalaw.com mgoldman@sgbdc.com rsilverberg@sgbdc.com dhainbach@ggh-airlaw.com carl.nelson@aa.com mlbenge@zsrlaw.com mchopra@jamhoff.com russell.bailey@alpa.org donna.kooperstein@usdoj.gov dwight.moore@ustranscom.mil jim.ballough@faa.gov byerlyjr@state.gov gmeyer@broward.org esta.rosenberg@dot.gov don.horn@dot.gov jeffrey.gaynes@dot.gov brian.hedberg@dot.gov

David M. Kirstein

February 26, 2010