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 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. 

Dated: February 26, 2010 

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 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 engage in scheduled foreign air transportation of persons, 

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

Colombia, 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 40 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 

U.S.-Barranquilla, Colombia 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 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 currently 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 Transport 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 Barranquilla, 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 industrial city and port in the Colombian Caribbean 

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

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

and for its carnival. 

6. The Department has repeatedly found Spirit fit, willing, and able to provide 
Application 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 countries (Order 2007-7-3), and a Certificate of 

Public Convenience and Necessity for limited entry and unlimited entry to foreign markets2. 

Spirit has also been awarded authority to serve several U.S.-Colombia markets. There have been 

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

7. Spirit initially will operate daily flights 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.-Barranquilla market will expand the service options 

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

there is no non-stop U.S. carrier service between 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 advance 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 Section 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 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. 

February 26, 2010 
EXHIBIT NK-1 

SPIRIT AIRLINES, INC.

FORT LAUDERDALE (FLL) – BARRANQUILLA (BAQ) SERVICE

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 Barranquilla will be one hour later 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 “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 

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