Spirit Airlines, Inc.

OST-2006-23728 - Emergency Exemption - New York(LGA)-Bermuda

January 23, 2006

Application for an Emergency Exemption

Spirit applies for an emergency exemption from 49 U.S.C. § 41101 that would authorize Spirit to engage in scheduled foreign air transportation of persons, property and mail between New York/LaGuardia, on the one hand, and Bermuda, on the other hand. As will be explained below, Spirit intends to introduce service in the Spring of this year, and thus is seeking authority on an expedited basis so that it can begin the marketing and promotion of this service as soon as possible. Spirit hereby requests that the date for filing Answers to this Application be shortened to January 26, 2006. Spirit will serve this Application by electronic mail, and will poll all interested carriers to determine whether there are any objections either to the shortened answer date or the underlying Application.

Spirit intends to offer daily scheduled air service between LaGuardia and Bermuda, using 138-seat A319 aircraft. These services will be introduced on or before May 15, 2006. Given that the services to be operated are not markedly different in terms of stage length from the services Spirit currently operates, these services do not represent a substantial change in Spirit’s operations.

Counsel: Garfinkle Wang, Anita Mosner, 703-294-5890

OST-2006-23728 - Emergency Exemption - New York(LGA)-Bermuda

Filed January 24, 2006 | Issued January 27, 2006

Notice of Action Taken

Scheduled foreign air transportation of persons, property, and mail between New York, New York, on the one hand, and Bermuda, on the other hand. Spirit proposes to introduce this service on or before May 15, 2006.

Spirit styled its application as a request for "emergency exemption." However, rather than treat it as an application properly coming within the purview of section 302.3 1 1 of our regulations, we have instead chosen to consider it as a normal exemption application, for which the applicant, citing of an approaching start-up date and a desire to begin marketing and promoting the service, requested expedited treatment.

By: Paul Gretch