BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

SPIRIT AIRLINES, INC. ) Docket OST-2012-_____

)

for an exemption pursuant to )

49 U.S.C. § 40109 )

(Dallas/Ft. Worth, Texas – Cancun, 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 200

Washington, D.C. 20006

(202) 331-3348

(202) 331-3933

Attorneys for

SPIRIT AIRLINES, INC.

July 2, 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 JULY 17, 2012. WE 

WILL POLL U.S. CARRIERS.
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

SPIRIT AIRLINES, INC. ) Docket OST-2012-_____

)

for an exemption pursuant to )

49 U.S.C. § 40109 )

(Dallas/Ft. Worth, Texas – Cancun, 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. § 41101 authorizing it to engage in scheduled foreign air transportation of persons, 

property and mail between Dallas/Ft. Worth, Texas, on the one hand, and Cancun, Mexico, 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 nearly 60 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 26 destinations in this region. 
Application of Spirit Airlines

DFW-CUN

Page 2

3. Spirit is a citizen of the United States within the meaning of 49 U.S.C. 

§40102(a)(15). Its President 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 

connecting service through Dallas between Cancun and major destinations in the United States. 

Currently, Spirit provides non-stop service between Dallas and 14 domestic destinations. 

Spirit currently provides service between Dallas and Toluca, Mexico. Now, Spirit seeks 

to further expand its service from Dallas into Mexico. 

5. Spirit’s proposed service is authorized by Annex I sections A.1.a., and B.5. of the

U.S.-Mexico Bilateral Air Transport Agreement as amended, which permits the United States to 

designate up to three U.S. carriers to serve this market. Two U.S. carriers are currently 

designated to provide service between Dallas and Cancun and Spirit’s service would advance the 

public interest by maximizing competition on this route.

6. 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 

(Order 98-7-6), a Certificate of Public Convenience and Necessity for foreign air transportation 

 

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

DFW-CUN

Page 3

of persons, property, and mail to all open-skies countries (Order 2007-7-3), a consolidated 

certificate of authority to provide combination service to limited-entry markets (other than 

Mexico) and non-open skies markets (Order 2010-1-12), and a consolidated certificate of 

authority to provide combination service in various U.S.-Mexico markets (Order 2012-6-12). 

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

findings. 

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

and Cancun, increasing to three flights per week on April 25, 2013 and to daily service on June 

13, 2013. It will begin service in November 2012 using Stage 3 Airbus 145 seat A319 and 178 

seat A320 aircrafts. The initial service schedule is set forth 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 maximum annual expected fuel burn of 1,472,927 gallons2is well below 

the ten million gallon threshold specified in Section 313.4(a)(1) of Department regulations. 

Approval of Spirit’s application does not qualify as a major regulatory action under Part 313.

 

2 Based on daily roundtrip service, which Spirit will not begin until late in the first year.
Application of Spirit Airlines

DFW-CUN

Page 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 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.

July 2, 2012
EXHIBIT NK-1

Notes: 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.

SPIRIT AIRLINES, INC.

DALLAS/FT. WORTH (DFW) – CANCUN (CUN) SERVICE

Departure Arrival Flight Stops Frequency Equipment

EFF 11/10/12 DIS 03/09/13

DFW

7:30

CUN

10:05

368 0 6 319

CUN

10:55

DFW

13:45

365 0 6 319

EFF 03/10/13 DIS 04/06/13

DFW

7:30

CUN

9:05

368 0 6 319

CUN

9:55

DFW

13:45

365 0 6 319

EFF 04/07/13 DIS 04/24/13

DFW

7:30

CUN

10:05

368 0 6 319

CUN

10:55

DFW

13:45

365 0 6 319

EFF 04/25/13 DIS 06/12/13

DFW

14:55

CUN

17:25

368 0 246 319

CUN

18:25

DFW

21:05

365 0 246 319

EFF 06/13/13

DFW

11:05

CUN

13:35

368 0 Daily 320

CUN

18:25

DFW

21:05

365 0 Daily 320
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:

msinick@ssd.com (Alaska)

bob.kneisley@wnco.com (AirTran)

leslie.abbott@wnco.com (AirTran)

Carl.nelson@aa.com (American)

francis.heil@aa.com (American)

james.kaleigh@aa.com (American)

robertwirick@aa.com (American)

jcanny@amerijet.com (Amerijet)

jrichardson@johnlrichardson.com (Amerijet)

rpommer@atlasair.com (Atlas)

Stephen.lachter@lachterlaw.com (ASTAR)

mgoldman@sgbdc.com (Capital Cargo)

jeff.morgan@delta.com (Delta)

sascha.vanderbellen@delta.com (Delta)

cefelts@fedex.com (FedEx)

Patrick.rizzi@hoganlovells.com (Frontier)

Robert.cohn@hoganlovells.com (Frontier)

jhill@dowlohnes.com (JetBlue)

robert.land@jetblue.com (JetBlue)

James Crites

Executive Vice President, Operations

Dallas/Fort Worth Int’l Airport

jcrites@drwairport.com

Michael Goldman

Counsel, Dallas/Fort Worth Int’l Airport

mgoldman@sgbdc.com

kevin.montgomery@polaraircargo.com (Polar)

john.Fredericksen@suncountry.com (Sun Country)

steve.morrissey@united.com (United)

dan.weiss@united.com (United)

jonathan.linde@united.com (United)

lhalloway@crowell.com (United)

rbkeiner@crowell.com (United)

gmurphy@crowell.com (United)

Anita.mosner@hklaw.com (UPS)

Jennifer.nowak@hklaw.com (UPS)

Benjamin_slocum@usairways.com (US Airways)

howard_kass@usairways.com (U.S. Airways)

pmurphy@lopmurphy.com (USA 3000)

john.varley@virginamerica.com (Virgin America)

barbara.russell@virginamerica.com (Virgin America)

john.allen@faa.gov

urskr@state.gov

esta.rosenberg@dot.gov

brian.hedberg@dot.gov

 Lyndsey Grunewald

July 2, 2012