OST-97-2189 / Spirit Airlines / Exemption Renewal, Newark-Bermuda / January 16,1998

NOTICE: ANY INTERESTED 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 2,1998.

Application of

SPIRIT AIRLINES, INC.

for an exemption pursuant to 49 U.S.C. § 40109

(Newark-Bermuda)

Docket OST-97-2189

Pursuant to 49 U.S.C. § 40109 and Subpart D of the Department's Procedural Rules, 14 C.F.R. § 302.400 Q. seq., Spirit Airlines, Inc. ("Spirit") applies for renewal of an exemption from 49 U.S.C. § 41101 which authorizes Spirit to engage in scheduled foreign air transportation of persons, property and mail between Newark, New Jersey and Bermuda. That authority was granted on March 28, 1997, for a one-year period.

In support of this Application, Spirit states as follows:

1. Spirit has had longstanding plans to operate nonstop service between Newark, New Jersey and Bermuda. Spirit did not introduce this service last year because Spirit was unable to make all necessary arrangements for its proposed service sufficiently in advance of the peak travel season. Spirit continues to progress toward inaugurating this service at the earliest practicable date.

2. Spirit's proposed operation will expand the service options available to the traveling public. Spirit's proposed operation will stimulate additional leisure travel, and provide a low-cost, competitive alternative to existing nonstop Bermuda services. As such, Spirit's proposed new service is in the public interest.

3. When DOT first granted Spirit's application, DOT found that Spirit is fit, willing and able to offer Newark-Bermuda service. Nothing has occurred since then which should in any way alter DOT's finding.

4. This renewal application is being filed more than 60 days in advance of the expiration of the route authority held by Spirit, and thus is timely filed within the meaning of 14 C.F.R. Part 377. Spirit hereby invokes the protections of the automatic extension provision set forth in those regulations.

WHEREFORE, for the foregoing reasons, Spirit respectfully requests that the Department renew the exemption which authorizes Spirit to conduct scheduled foreign air transportation between Newark, New Jersey and Bermuda, and grant such additional relief as it deems appropriate.

Respectfully submitted,

Anita M. Mosner

GALLAND, KHARASCH & GARFINKLE, P.C.

1054 Thirty-first Street, N.W.

Washington, D.C. 20007

(202) 342-5200

Attorneys for SPIRIT AIRLINES, INC.

January 16, 1998