BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

SPIRIT AIRLINES, INC

. ) Docket OST

- 20 12

-

_____ )

for an exemption pursuant to )

49 U.S.C. § 40109 )

( Dallas /Ft. Worth , Texas

– T o luca , Mexico ) )

)

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 2 00

Washington, D.C. 2000 6

(202) 331

- 3348

(202) 331

- 3933

Attorneys for

SPIRIT AIRLINES, INC.

February 9, 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 FEBRUARY 24 , 2012

. WE WILL POLL U.S. CARRIERS.BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

SPIRIT AIRLINES, INC

. ) Docket OST

- 20 12

-

_____ )

for an exemption pursuant to )

49 U.S.C. § 40109 )

( Dallas /Ft. Worth , Texas

– To luca

, Mexico ) )

)

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. § 4 1101 authoriz ing it to engage in scheduled foreign air transportation of persons,

property and mail between Dallas /Ft. Worth , Texas , on the one hand, and T o luca, Mexic o

, on the

other hand

, and beyond points in Panama and beyond

, and to designate Spirit for such service

.

In support of this a pplication, Spirit states as follows:

1. Spirit is a corporation organized and existing under and pursuant to the laws of

the State of Dela ware. Its principal office is located at 2800 Executive Way, Miramar, Florida

33025

. Spirit currently serves nearly 6 0 destinations in the United States, Central America, the

Caribbean, and South America.

2. Spirit was founded in 1980, and has gateways i n 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 26 destinations in this region.Application of Spirit Airlines

Dallas /Ft. Worth

– Toluca 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 P resident 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.

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. With the continuing acquisition of new aircraft Spirit has been able to significantly

expand its service between Dallas and other domestic destinations . This will enable new low

- fare

connecti ng service through Dallas between Toluca and major destinations in the United States

.

Currently

, Spirit provides non

- stop service between Dallas and Fort Lauderdale, Las Vegas,

Phoenix and Chicago. Early next year, Spirit will begin service between Dallas and Orlando,

New York, Atlanta, and Boston.

Spirit n ow seeks to expand its service from Dallas into the Latin American market. Spirit

will be the first airline to offer direct flight s between Dallas and To luca

. As the state capita l of

Mexico State

, Toluca is the center of the fifth largest urban area in Mexico, has a large number

of cultural tourism destinations

, and is second only to Mexico City in the number of museums.

Importantly, To luca ’s proximity to Mexico City enables p assengers seeking no n

- stop service to

the capita l city of Mexico to have this new low

- fare option of flying into Toluca

.

5. Spirit ’s proposed service is authorized by A nnex I sections A1.b

. , B.4. and B.7. of

the U.S.

- Mexico Bilateral Air Transport Agreement as amended

, which permits the United States

to designate up to two U.S. carriers to serve this market. N o U.S. carrier currently is designated

to provide service between Dallas and Toluca so Spirit’s service clearly would advance theApplication of Spirit Airlines

Dallas /Ft. Worth

– Toluca Exemption

Page 3 of 4

public interest by establishing a convenient low

- cost alternative for travel between Central Texas

and Toluca/Mexico City

.

6

. The Department has repeatedly found Spirit fi t, willing, and able to provide

scheduled air transportation of persons, property

, and mail. 1 Spirit holds a Certific ate 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 consolidated

certificate of authority to provide combination service to limited

- entry markets (other than

Mexico) and non

- open skies markets

. See Order 2010

- 1

- 12. Additionally, Spirit has been a

designated carrier for the U.S.

- Mexico city pair of Fort Lauderdale

- Toluca since the beginning of

2011

. There have been no material changes within the C ompany that would affect those prior

fitness findings.

7

. Spirit will initially operate one daily roundtrip flight between Dallas /Ft. Worth

and T o luca, and will add service depending on market demand. It will begin service in May

2012 using Stage 3 Airbus 145 seat A319 and 178 seat A320 aircraft s . The initial service

schedule is set fort h at Exhibit NK

- 1.

8

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

Department attaches to exemption authorities.

9

. Spirit ’s annual expected fuel burn of 1,335,900

- 1,428,671 gallons is well below

the ten million gallon threshold specifi ed in Section 313.4(a)(1) of D epartment regulations.

Approval of Spirit’s application does not qualify as a major regulatory action under Part 3 13.

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.Application of Spirit Airlines

Dallas /Ft. Worth

– Toluca Exemption

Page 4 of 4

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 add itional relief that

the Department may deem necessary

.

Respectfully submitted,

Joanne W. Young

David M. Kirstein

Kirstein & Young, PLLC

1750 K Street , N.W.

Suite 2 00

Washington, D.C. 2000 6

(202) 331

- 3348

(202) 331

- 3933

Attorneys for

SPIRIT AIRLINES, INC.

February 9, 2012EXHIBIT NK

- 1



## S PIRIT 

## A IRLINES



## , I NC



## .

D ALLAS 

### /F T



### . W ORTH 

### (DFW )

– T OLUCA 

### (TLC ) S ERVICE

Depart ure Arrival Flight Stops Frequency Equipment

DFW

23:5 0 TLC

2 :2 4 + 1 161 0 Daily 319 /320

TLC

3 :20 DFW

6 :00 162 0 Daily 319 /320

Notes:

1. All times listed are local times. The above times are based on U.S. Daylight Savings

Time; arrival and departure times in Toluca will be one hour earlier during U.S. Standard

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:

Anita.mosner@hklaw.com

Benjamin_slocum@usairways.com

bob.kneisley@wnco.com

david.heffernan @wilmerhale.com

Carl.nelson@aa.com

cdonley@ssd.com

cefelts@fedex.com

dan.weiss@united.com

efaberman@wileyrein.com

howard_kass@usairways.com

jcanny@amerijet.com

jeff.morgan@delta.com

jhill@dowlohnes.com

john.Fredericksen@suncountry.com

john.varley@virgin america.com

jrichardson@johnlrichardson.com

kevin. montgomery@polaraircargo.com

msinick@ssd.com Patrick.rizzi@hoganlovells.com

pmurphy@lopmurphy.com

Robert.cohn@hoganlovells.com

robert.land@jetblue.com

rpommer@atlasair.com

sascha.vanderbellen@delt a.com

steve.morrissey@united.com

Stephen.lachter@lachterlaw.com

john.allen @faa.gov

urskr @state.gov

esta.rosenberg@dot.gov

brian.hedberg@dot.gov

Lyndsey Grunewald

February 9, 2012