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OST-2000-7175

Establishment of Slot Exemptions Proceedings 

By:  Bradley Mims

The Wendall H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Notice from April 14th

By:  Bradley Mims

Commutair

US Airways Express carrier CommutAir applied for 10 slot exemptions on April 13, 2000, to operate 5 daily nonstop roundtrip flights between New York's LaGuardia Airport and Hartford's Bradley International Airport. CommutAir's proposed service would be operated by Stage 3compliant Beech 1900 aircraft.

Counsel:  O'Melveny Myers, Joel Stephen Burton, 202.383.5300

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

The March 16, 2000, Continental Express application in Docket OST-00-7082 stated the list of small-hub and non-hub communities and airports to be served, that the aircraft used to provide the service have fewer than 71 seats, the planned effective dates, that the proposed service represents new Continental Express service when compared to service as of the week of November 1, 1999, and the number of slot exemptions needed to provide the service. The Continental Express Embraer 135 and 145 aircraft are Stage 3 compliant, and the slot times now required are shown in Exhibit A.

Counsel:  Continental Express, James Ream

US Airways Express Carriers

Counsel:  O'Melveny Myers, Joel Burton, 202-383-5300

US Airways Express Carriers

In response to Order 2000-4-11, US Airways Express Carrier Mesa Airlines hereby submits its signed certification attesting to the fact that the statutory requirements under Air-21 for these LGA slot exemptions are satisfied.

Counsel:  O'Melveney Myers, Joel Burton, 202-383-5300

Shuttle America Corporation; The Wendall H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Certification of Shuttle America Corporation pursuant to Title 18 United States Code, I David F. Hackett, Chief Executive Officer, in my individual capacity and as the authorized representative of the pleader, have not in any manner knowingly and willfully falsified, concealed, or failed to disclose any material fact or made any false, fictitious, or fraudulent statement or knowingly used any documents which contain such statements in connection with the preparation, filing or prosecution of the Application of Shuttle America Corporation filed in docket OST-2000-7172 on April 3, 2000. I understand that an individual who is found to have violated the provisions of 18 U.S.C. Section 1001 shall be fined or imprisoned not more than five years, or both. 

Counsel:  Shuttle America Corporation, David Hackett, 860.386.4200

US Airways Express Carriers

Congress liberalized access at slot-controlled LaGuardia Airport in Air-21 earlier this year. The US Airways Express Carriers immediately sought to use this liberalized access in order to offer enhanced, nonstop services to small-hub and non-hub communities that clearly deserve such service. These communities, as well as the people of Queens and the greater New York City area, will greatly benefit from these enhanced services, and these services fully satisfy the relevant statutory requirements of Air-21. Queens argues that DOT must "affirmatively evaluate the applications" to determine which communities "really need" increased, thereby reading requirements into the statute that do not exist. Congress has spoken, and the Air-21 legislation does not permit any such subjective evaluations. All that is required is that an airline satisfy certain delineated objective criteria.

Counsel:  O'Melveny Myers, Joel Burton, 202.383.5300

The Wendall H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

By:  Comair, Paul Zampol, 404.715.2779

The Wendall H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Counsel:  American, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com 

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

While it is true that both airports in Queens generate thousands of jobs and other economic benefits for residents of the county, it is also true that these residents must also bear the burdens resulting from close proximity to the airports, including aircraft noise, air pollution, safety risks, and increased levels of traffic congestion on the airports' access roads, on the airports' tarmacs and runways, and in the skies above and around Queens. These problems are exacerbated near LaGuardia, which is located in one of the most densely populated residential areas of all the airports in the nation.

For the reasons discussed herein, the Queens Borough President strongly opposes the recent orders of the United States Department of Transportation ("DOT"), enabling the addition of up to 608 additional flights at LaGuardia, and asks that DOT develop a plan to implement Air 21 in a more orderly and environmentally responsible way.

Counsel: Queens Borough President's Office, Hugh Weinberg, 718.286.2880

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Legend requests that the Department deny the Borough's request to reconsider its orders. Considering that new entrants will control less than Five percent of LaGuardia slots, reconsideration would be a blow to competition and would undo the aims of Congress in FAIR-21.

Counsel:  Ungaretti Harris, Edward Faberman, 202.639.7500

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

If the Department nonetheless considers the Borough President's "objections" as a petition for reconsideration, that petition should be denied. The Borough President's real complaint is that Congress has directed the Department to award slot exemptions for specified service with regional jets between LaGuardia and small-hub and non-hub cities and for service by new entrants using up to 20 slots. DOT and Congress did not "throw open the doors to LaGuardia" or "eviscerate the High Density Rule" (Objections at 6) before 2007.

Counsel:  Crowell Moring, Bruce Keiner, 202-624-2500

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

The Delta Connection carriers, including Comair, Inc., Atlantic Southeast Airlines, Inc. and Atlantic Coast Jet, Inc. ("Delta Connection") hereby answer in opposition to the Objections of the Office of the President of the Borough of Queens (the "Borough President")., The Borough President opposes the blanket authorization of slots at LaGuardia Airport by Orders 2000-4-10 and 2000-4-11 that was mandated by the Wendell H. Ford Investment and Reform Act for the 2 Pt Century ("Air 21 ").

Counsel:  Shaw Pittman, Robert Cohn, 202.663.8060

Shuttle America Corporation / Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

By Order 2000-4-11, April 14, 2000, acting under the authority of the newly enacted Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, the Department exempted air carriers that had applied, or may subsequently apply, for slot exemptions at LaGuardia as long as those carriers certify that they meet the statutory tests required for the grant of slot exemptions at LaGuardia. Since Shuttle America's application' met the statutory tests, the carrier filed the required certification on May 1, 2000.

Subsequently, Shuttle America determined that it could operate a slightly expanded service pattern in the market and has requested 2 additional slots from the Federal Aviation Administration, for a total of 14 LaGuardia slots to enable the carrier to operate 7 round trips a day in the Bedford - LaGuardia market. A letter to the FAA, annexed to this Amendment as an Exhibit, details the slot times and frequencies requested from the FAA by Shuttle America.

Counsel:  Stephen Lachter, 202-862-4321

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Allegheny requests these two slot exemptions at LGA for service to Ithaca, New York, a non-hub airport as determined under the Federal Aviation Administration's Primary Airport Enplanement Activity Summary for Calendar Year 1997. Allegheny will institute this service using Stage 3 Dash-8 aircraft, all of which have a certificated maximum seating capacity of less than 71 passengers. Allegheny will be providing a number of flights that exceeds the number of flights provided by the air carrier during the week of November 1, 1999. The number of slot exemptions requested, the times needed to provide these services, and the planned effective dates for such services are set forth in Attachment A to this certification.

Counsel:  O'Melveny Myers, Joel Burton, 202.383.5300

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

ACJet proposes to use Fairchild regional jet aircraft in its LaGuardia- Portland, Maine (PWM) , LaGuardia-Greenville/Spartanburg, South Carolina (GSP) and LaGuardia-Rochester, New York (ROC) operations. ACJet's entire fleet of regional jet aircraft is Stage 3 compliant.  ACJet will utilize a total of twenty-two slot exemptions at LaGuardia, representing new service by it as a Delta Connection carrier.

Counsel:  Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Counsel:  O'Melveny Myers, Joel Burton, 202.383.5300

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Hereby certifies, in accordance with the provisions of 49 U.S.C. § 41716(a) and Order 2000-4-11 that it intends to utilize eight (8) daily slot exemptions at New York LaGuardia Airport ("LaGuardia") to operate four daily roundtrip flights between LaGuardia and Burlington, Vermont. These flights will be conducted by RCJet as Delta Connection carrier flights.

Counsel:  Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

The Wendall H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Atlantic Coast Jet, Inc., hereby certifies, in accordance with the provisions of 49 U.S.C. Order 2000-4-11, that it intends to utilize nine (9) daily slot exemptions at New York LaGuardia Airport ("LaGuardia") to operate daily roundtrip flights between LaGuardia and Richmond, Virginia, Greensboro/High Point, North Carolina and Columbia, South Carolina. These flights will be conducted by ACJet as Delta Connection carrier flights.

Counsel:  Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Atlantic Coast Jet, Inc., hereby certifies, in accordance with the provisions of 49 U.S.C. Order 2000-4-11, that it intends to utilize nine (9) daily slot exemptions at New York LaGuardia Airport ("LaGuardia") to operate daily roundtrip flights between LaGuardia and Richmond, Virginia; Columbia, South Carolina; Syracuse, NY; Knoxville, Tennessee; and Greensboro/High Point, North Carolina. These flights will be conducted by ACJet as Delta Connection carrier flights.

Counsel:  Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

ComAir, Inc.

In response to the Department's Order, Comair has submitted previous certifications with respect to service between LaGuardia and other cities. Comair hereby supplements that certification to cover eleven (11) additional LaGuardia slot exemptions. Effective November 1, 2000, Comair plans to operate two nonstop round-trips between LaGuardia and Birmingham, one nonstop round-trip between LaGuardia and Savannah, and one one-way flight from LaGuardia to Charleston, South Carolina. Effective November 15, 2000, Comair plans to operate three one-way flights from Charleston, South Carolina to LaGuardia and one one-way flight from LaGuardia to Charleston, South Carolina. Comair's supplemental certification with respect to the slot exemptions for this service is set forth in Attachment I hereto. Additional information regarding this service is contained in Attachments 2 and 3 hereto. Birmingham Municipal, Charleston AFB/International and Savannah International airports are all small hub airports in compliance with 49 U. S.C. § 41716. The slot times needed to provide the additional LaGuardia flights are listed in Attachment 3 hereto.

Counsel:  ComAir, Paul Zampol

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

By this order the Department grants a July 31, 2000, request by the Office of the President of the Borough of Queens to withdraw a motion that she filed on June 2, 2000, for reconsideration of Orders 2000-4-10 and 2000-4-11. Orders 2000-4-10 and 2000-4-11 granted certain exemptions from slot restrictions at LaGuardia Airport. While we are granting her request to withdraw her petition, her petition raised issues that are of great concern to the people living and working near LaGuardia and to airline passengers. We are therefore discussing those issues in this order, since we wish to clarify the likely effects of our earlier orders implementing Congress' directive authorizing additional flights at LaGuardia and the other slot-restricted airports.

By:  Francisco Sanchez

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Allegheny requests these two slot exemptions at LGA for service to Rochester, New York, a small hub airport as determined under the Federal Aviation Administration's Primary Airport Enplanement Activity Summary for Calendar Year 1997. Allegheny will institute this service using Stage 3 Dash-8 aircraft, all of which have a certificated maximum seating capacity of less than 71 passengers.

Counsel:  O'Melveny Myers, Joel Burton, 202.383.5300

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Counsel:  Atlantic Southeast, Paul Zampol, 404.715.2779

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Hereby submits its certification for an exemption from 14 CFR Part 93, under 49 USC 41716(a), to secure two New York (LGA) arrival slots and two New York (LGA) departure slots to provide new regional jet service to Northwest Arkansas Regional Airport.

Counsel:  American, Carl Nelson, 202.496.5647, carl_nelson@aa.com 

Hereby submits its certification for an exemption from 14 CFR Part 93, under 49 USC 41716(a), to secure four New York (LGA) arrival slots and four New York (LGA) departure slots to provide regional jet service in place of turboprop service to Rochester.  During the week of November 1, 1999, American Eagle operated five daily nonstop roundtrips between New York (LGA) and Rochester. Effective December 2, 2000, American Eagle is converting four of its five LGA-ROC flights from turboprop to regional jet service. Some of the effective dates of the AIR21 exemption slots American Eagle is seeking may change subject to availability of HDR slots at LGA for American Eagle.

Counsel:  American, Carl Nelson, 202.496.5647, carl_nelson@aa.com 

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

In response to the Department's Order, Atlantic Southeast Airlines, Inc. (ASA) has submitted previous certifications with respect to service between LaGuardia and other cities. ASA hereby supplements that certification to cover twelve (12) additional LaGuardia slot exemptions in order for ASA to begin three (3) nonstop round-trip flights between LaGuardia and Richmond and three (3) nonstop round-trip flights between LaGuardia and Greensboro on November 1, 2000. This does not represent net new service to LaGuardia, but rather a temporary replacement of ACJet by ASA for the period November 1, 2000 through January 31, 2001, on the Richmond route, and November 1, 2000 through December 31, 2000 for the Greensboro route.

Counsel: Atlantic Southeast, Paul Zampol, 404.715.2779

In response to the Department's Order, Comair has submitted previous certifications with respect to service between LaGuardia and other cities. Comair hereby supplements that certification to cover two (2) additional LaGuardia slot exemptions. Effective October 15, 2000, Comair planned to operate one (1) nonstop round-trip between LaGuardia and Savannah. Through oversight, Comair inadvertently neglected to file this certification with the Department prior to that date.

The Wendall H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

American Eagle will operate service with either 50-seat, Stage 3 compliant ERJ-145 aircraft, or 37-seat, Stage 3 compliant ERJ-135 aircraft. The LGA markets to be served are Greensboro, North Carolina; Greenville/Spartanburg, South Carolina; Nor-folk, Virginia; Northwest Arkansas Regional Airport, Arkansas; Richmond, Virginia; and Rochester, New York. At the LGA slot exemption lottery held on Decem-ber 4, 2000, American Eagle received 20 slots in the regular lottery, and 2 slots in the contingent lottery re Legend Airlines, for a total of 22 slots.

Counsel:  American, Carl Nelson, 202.496.5647, carl_nelson@aa.com 

The Wendall H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Atlantic Coast Jet, Inc. hereby certifies, in accordance with the provisions of 49 U.S.C. § 41716(a), DOT order 2000-4-11 (issued April 14, 2000) and the FAA Notice dated November 29, 2000 (FAA Docket No. FAA-2000-8278), that, commencing January 31, 2001, it intends to utilize nineteen (19) daily slot exemptions at New York LaGuardia Airport ("LaGuardia") to operate daily roundtrip flights between LaGuardia, on the one hand, and Richmond, Virginia, Greensboro/High Point, North Carolina, Birmingham, Alabama, Columbia, South Carolina, Charleston, South Carolina, Savannah, Georgia, Dayton, Ohio and Greenvi1e/Spartanburg, South 'Carolina on the other. These flights will be conducted by Atlantic Coast jet as Delta Connection carrier flights.

The nineteen daily slots were drawn by Atlantic Coast Jet's code-share partner, Delta Airlines ("Delta"), at the lottery conducted by the FAA on December 4, 2000. Subsequent to that lottery, Delta authorized Atlantic Coast Jet to use the nineteen identified slots in conjunction with Delta Connection carrier services at New York's LaGuardia airport.

Counsel;  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com 

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Continental Express will operate between LaGuardia and Buffalo (NY); Madison (WI); and Richmond (VA) with slots obtained from the December 4, 2000 lottery. Each of these cities qualifies as a small hub airport under 49 IT S.C. § 41714(h)(8). Continental Express will operate this service with 37-seat Embraer 135 aircraft, which are Stage 3 compliant.

At the December 4 slot exemption lottery, Continental Express received 20 slots in the regular lottery and 2 slots in the contingent lottery related to Legend Airlines, for a total of 22 slots.

Continental Express intends to operate a total of 10 daily roundtrip frequencies between LaGuardia and Buffalo, Madison and Richmond,2 using a combination of lottery, other Air 21 and HDR slots. Continental Express will determine the precise schedules following slot trades, as authorized by the FAAs notice, and will begin service by the required January 31, 2001 implementation date.

By letter dated December 28, 2000, the FAA informed Continental Express that Legend would not reinstitute LaGuardia operations until February 2001 and that the FAA was reviewing information provided by Legend to determine whether it will be allocated its selected slots. Although Legend failed to serve Continental Express with its December 21, 2000 letter outlining Legend's plans to reinstitute service, Continental Express has obtained a copy. Continental Express disagrees with Legend's claim that the LaGuardia lottery slots selected by Legend are protected by the bankruptcy provisions in 14 C.F.R. § 93.227 and intends to submit a response to Legend's December 21 letter.

Counsel:  Continental Express, James Bean

The Wendall H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Counsel;  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com 

Atlantic Coast Jet, Inc. hereby certifies in accordance with the provisions of 49 U.S.C. § 41716(a) and DOT Order 2000-4-11 (issued April 14, 2000), that, from January 1, 2001 through and including January 4, 2001, it intends to utilize six (6) daily slot exemptions at New York LaGuardia Airport ("LaGuardia") to operate daily roundtrip flights between LaGuardia and Greensboro/High Point, North Carolina. These flights will be conducted by Atlantic Coast Jet as Delta Connection carrier flights.

Atlantic Coast Jet is filing this submission after the fact. When it was determined, on January 8, 2001, that the certification covering the four-day period described herein had not been filed, Atlantic Coast Jet immediately contacted the FAA and filed the necessary certification the next business day after the error was discovered. Although the certification for the four-day period was not timely filed, on January 4, 2001, Atlantic Coast Jet filed the certification for its reduced LaGuardia schedule commencing January 31, 2001, and otherwise has strictly observed the requirements of Order 2000-4-11 in all its previous certifications.

Atlantic Coast Jet proposes to use Fairchild regional jet aircraft in its service between LaGuardia and Greensboro/High Point, North Carolina (GSO).

Counsel;  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com 

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

As set forth in the schedule attached hereto as Exhibit A, US Airways Express Carriers intend to operate all 20 Air-21 slots for service from LaGuardia to the following airports, each of which qualifies as a non-hub or small hub airport as determined under the FAA's Primary Airport Enplanement Activity Summary for Calendar Year 1997 (see 49 U.S.C. § 41714(h)(7) and 49 U.S.C. § 41714(h)(8)): Albany (NY), Burlington (VT), Charleston (SQ, Charlottesville (VA), Greenville/Spartanburg (SQ, Harrisburg (PA), Hyannis (MA), Ithaca (NY), Lebanon (NH), Manchester (NH), Martha's Vineyard (MA), Nantucket (MA), Norfolk (VA), Richmond (VA), and Syracuse (NY). These services will be operated with Stage 3 aircraft (Dash-8, ERJ- 145, Saab 340 or Beech 1900), all of which have a certified maximum seating capacity of less than 71 passengers.

Counsel:  O'Melveny Myers, Joel Burton, 202.383.5300

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Intends to utilize five daily slot exemptions at New York LaGuardia Airport ("LaGuardia") to operate daily roundtrip flights between LaGuardia, on the one hand, and Savannah, Georgia and Birmingham, Alabama, on the other hand. These flights will be conducted by ACA pursuant to a wet lease agreement with Atlantic Coast Jet, Inc., which, in turn, operates a--LaGuardia as a Delta Connection carrier.

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3300

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

For the period February 3, 2001 through February 14, 2001, inclusive, it intends to utilize three daily slot exemptions at New York LaGuardia Airport to operate daily flights between LaGuardia and Charleston, South Carolina. These flights will be conducted by ACA pursuant to a wet lease agreement with Atlantic Coast Jet, Inc., which, in turn, operates at LaGuardia as a Delta Connection carrier. Commencing February 15, 2001 the three slots will revert to Atlantic Coast Jet.

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com 

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

American Eagle will operate services with either 50-seat, Stage 3 compliant ERJ-145 aircraft, or 37-seat, Stage 3 compliant ERJ-135 aircraft. The LGA markets to be served are Bangor, Maine; Greensboro, North Carolina; Norfolk, Virginia; Northwest Arkansas Regional Airport, Arkansas; Portland, Maine; Richmond, Virginia; and Rochester, New York.

Counsel:  American, Carl Nelson, 202.496.5647, carl_nelson@aa.com 

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

As set forth in the schedule attached hereto as Exhibit A, US Airways Express Carriers intend to operate the one slot for service from LaGuardia to Greenville/Spartanburg (SC), which qualifies as a small hub airport as determined under the FAA's Primary Airport Enplanement Activity Summary for Calendar Year 1997.

Counsel:  US Airways Express, Thomas Hanley

LaGuardia Slot Certifications

Intends to utilize two new daily New York LaGuardia Airport ("LaGuardia") slots to serve Portland, Maine in its operations as a Delta Connection carrier commencing May 15, 2001. In addition, ACJet will reassign three slots previously certified to serve Greenville/Spartanburg to provide service to Portland, Maine. Atlantic Coast Jet, operating as a Delta Connection carrier, will continue to offer LaGuardia service to Greenville /Spartanburg using a combination of AIR-2-1 and other slots.

Counsel;  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com 

Intends to utilize one daily slot exemption at New York LaGuardia Airport ("LaGuardia") to operate a daily flight between LaGuardia and Birmingham, Alabama. This flight will be conducted by ACA pursuant to a wet lease agreement with Atlantic Coast Jet, Inc. ("ACJet"), which, in turn, operates at LaGuardia as a Delta Connection carrier.

The slot for which ACA is filing this Certification was originally assigned to ACJet and used to provide service to Greenville/Spartanburg.

Counsel;  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

LaGuardia Slot Certifications

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com 

LaGuardia Slot Certifications

At the LGA slot exemption lottery held on December 4, 2000, US Airways Express received 20 Air-21 slots in the regular lottery and one slot in the contingency lottery concerning Legend Airlines, for a total of 21 Air-21 slots. As set forth in the schedule attached hereto as Exhibit A, US Airways Express Carriers intend to reassign (i) a single Air-21 departure slot previously certified for Syracuse service to Martha's Vineyard service, effective June 28, 2001; and (ii) a single Air-21 departure slot previously certified for Norfolk service to Manchester (N.H.) service, effective August 19, 2001. Martha's Vineyard and Manchester are non-hub and small hub airports.

Counsel:  US Airways Express, Thomas Hanley

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Commencing July 1, 2001, ACA, operating as a Delta Connection carrier intends to utilize sixteen daily slot exemptions at New York LaGuardia Airport to operate a daily flight between LaGuardia on the one hand, and Charleston, S.C., Columbia, S.C., Dayton, Ohio, Greensboro/ High Point, N.C., Greenville/Spartenburg, S.C., and Portland, Maine, on the other.

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Atlantic Coast Airlines ("ACA"), operating as a Delta Connection Carrier, hereby certifies, in accordance with the provisions of, DOT Order 2000-4-11 (issued April 14, 2000) and the FAA Notice dated November 29, 2000 (FAA Docket No. FAA-2000-8278) ("FAA Notice"), that it proposes to change one of its current slot exemptions originally certified for use as an 0800 departure from New York LaGuardia Airport ("LaGuardia") to Portland, Maine ("PWM") to accommodate a 0800 arrival from Dayton, Ohio.

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

As set forth in the schedule attached hereto as Exhibit A, US Airways Express Carriers intend to reassign (1) a single Air-21 departure slot previously certified for Charleston, South Carolina service to Richmond, Virginia service, effective September 9, 2001; (ii) a single Air-21 arrival slot previously certified for Richmond, Virginia service to Albany, New York service, effective September 9, 2001; and (iii) a single Air-21 arrival slot previously certified for Charleston, South Carolina service to Rochester, New York service, effective September 9, 2001. Richmond, Albany, and Rochester are non-hub and/or small hub airports.

These services will be operated with Stage 3 compliant ERJ-145 (LGA-RIC) and Dash-8 (LGA-ALB; LGA-ROC) aircraft, which have a certified maximum seating capacity of less than 71 passengers.

Counsel:  US Airways Express, Thomas Hanley

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Certification of Atlantic Coast Airlines, operating as a Delta Connection carrier, in accordance with the provisions of 49 U.S.C. Section 41716(a), certifying that commencing October 4, 2001, it intends to utilize two slot exemptions at New York LaGuardia Airport ("LaGuardia") to operate daily flights between LaGuardia and Greensboro, North Carolina, and between LaGuardia and Birmingham, Alabama.

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

Certification of Atlantic Coast Airlines, operating as a Delta Connection carrier, in accordance with the provisions of 49 U.S.C. Section 41716(a), certifying, that it proposes to change one of its current slot exemptions originally certified for use as a 1330 departure from New York LaGuardia Airport to Columbia, South Carolina to a 1330 departure to Richmond, Virginia commencing October 4, 2001.

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

As set forth in the schedule attached hereto as Exhibit A, US Airways Express Carriers intend to operate one slot received at the August 15, 2001 lottery for service from LaGuardia to Rochester, New York, and an additional slot from the same lottery for service from LaGuardia to Norfolk, Virginia.' Rochester and Norfolk are nonhub and/or small hub airports.

Counsel:  US Airways Express, Thomas Hanley

Interim Slot Rules at LaGuardia Airport; Champlain Enterprises, Inc.

Certification of Champlain Enterprises, pursuant to the Department's Notice of April 14, 2000, and the blanket exemption authority granted by Order 00-4-12, requesting and exemption, to secure six (LGA) arrival/departure slots required for additional service to Utica, NY and Albany, NY. Champlain Enterprises will operate with 19 seat, Stage 3 compliant Beech 1900D aircraft. These flights will be operated as Continental Connection“, operated by CommutAir. This service is to be effective November 5, 2001. To operate such service, Champlain Enterprises requires the transfer of the following Air 21 slots from our partners at Continental Airlines.

By:  Champlain, Joel Raymond

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

At the LGA slot exemption lottery held on December 4, 2000, US Airways Express received 20 Air-21 slots in the regular lottery and one slot in the contingency lottery concerning Legend Airlines. At the second lottery held on August 15, 2001, US Airways Express received an additional three slots, for a total of 24 Air-21 slots. By Notice dated August 7, 2001 (see 66 Fed. Reg. 41294), the FAA has extended the allocation termination date for these slots until October 26, 2002.

On September 28, 2001, US Airways Express Carriers submitted a certification for two of the three slots obtained at the August 15, 2001 lottery. As set forth in the schedule attached hereto as Exhibit A, US Airways Express Carriers intend to operate the third and final slot received at the August 15, 2001 lottery for service from LaGuardia to Burlington, Vermont. Burlington is a non-hub airport. (See 49 U.S.C. § 41714(h)(7)).

This service will be operated with Stage 3 compliant Dash-8 aircraft, which have a certified maximum seating capacity of less than 71 passengers.

Allegheny (ALO) - LaGuardia Schedule

Counsel:  US Airways Express, Thomas Hanley

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Supplemental Certification of Champlain Enterprises, Inc., to recertify four Air 21 slots for additional service to Utica, NY and Albany, NY. Champlain Enterprises certifies that the service to be provided at New York (LGA) meets each of the criteria set forth in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century.

By:  Champlain, Joel Raymond

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Counsel:  Delta, Paul Zampol, 404.715.2779

Interim Slot Rules at LaGuardia Airport

Hereby submits its certification for an exemption from 14 CFR Part 93, under 49 USC 41716, to recertify two Air 21 slots for service to Albany, NY that were previously certified for service to Buffalo, New York and Madison, Wisconsin.  Champlain Enterprises will operate with 19 seat, Stage 3 compliant Beech 1900D aircraft. These flights will be operated as Continental Connection®, operated by CommutAir.

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

Atlantic Coast Airlines, operating as a Delta Connection carrier, hereby certifies, in accordance with the provisions of 49 U.S.C. § 41716(a), DOT Order 2000-4-11 (issued April 14, 2000) and the FAA Notice dated November 29, 2000 (FAA Docket No. FAA-2000-8278), that commencing April 7, 2002 it proposes to modify three of its slot exemptions at New York LaGuardia Airport for operations between LaGuardia and Dayton, Ohio, Richmond, Virginia and Greensboro/High Point, North Carolina.

Counsel;  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

As set forth in the schedule attached hereto as Exhibit A, US Airways Express Carriers intend to reassign: (i) a single Air-21 arrival slot previously certified for Norfolk, Virginia service, as operated by Piedmont Airlines, Inc., to Allegheny Airlines, Inc. for service in the same market, effective April 7, 2002; (ii) a single Air-21 departure slot previously certified for Richmond, Virginia service to Syracuse, New York service, effective April 7, 2002; (iii) a single Air-21 arrival slot previously certified for Hyannis, Massachusetts service to Manchester, New Hampshire service, effective April 7, 2002; (iv) a single Air-21 arrival slot previously certified for Manchester, New Hampshire service to Syracuse, New York service, effective April 7, 2002; (v) a single Air-21 departure slot previously certified for Norfolk, Virginia service to Manchester, New Hampshire service, effective April 7, 2002; and (vi) a single Air-21 departure slot previously certified for Nantucket, Massachusetts service to Bangor, Maine service, effective April 7, 2002.

Counsel:  US Airways Express, Thomas Hanley

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)

In response to the Department's Order, Comair has submitted previous certifications with respect to service between LaGuardia and certain cities. Comair hereby supplements that certification to adjust the time of operation of one of its LaGuardia departures, effective April 7, 2002. On that date, Comair plans to change the departure time on one of its LaGuardia - Savannah flights using an AIR-21 slot exemption from the 1530 - 1559 period to the 1500 - 1529 period. Comair's supplemental certification with respect to the slot exemptions for this service is set forth in Attachment 1 hereto. Additional information regarding this service is contained in Attachments 2 and 3 hereto. Savannah International Airport is a small hub airport in compliance with 49 U.S.C. § 41716. The slot time needed is also listed in Attachment 3 hereto.

Counsel:  Delta, Paul Zampol, 404.715.2779

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century / Atlantic Coast Airlines, Inc.

Counsel:  Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century and Atlantic Coast Airlines, Inc.

Commencing August 1, 2002 it proposes to modify two of its slot exemptions at New York LaGuardia Airport for its operations between LaGuardia, on the one hand, and Greensboro/High Point, North Carolina and Charleston, South Carolina, on the other.  ACA proposes to use Fairchild-Dornier Regional Jet aircraft in its operations between LaGuardia and Greensboro/High Point and Charleston.

The communities and airports to be served with the proposed slot exemption changes are New York, New York ("LGA"), Greensboro/High Point, North Carolina ("GSO") and Charleston, South Carolina ("CHS"). The planned effective date of the LaGuardia^-Greensboro/High Point and the LaGuardia^-Charleston service is August 1, 2002.

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

Comair, Inc.

In response to the Department's Order, Comair has submitted previous certifications with respect to service between LaGuardia and certain cities. Comair hereby supplements those certifications to reflect the planned transition to Comair on November 1, 2002 of all of the Atlantic Coast Airlines service at LaGuardia operated under the "Delta Connection" brand. While the total number of AIR-21 slot exemptions operated at LaGuardia by Delta Connection carriers will not change, there will be a number of changes in which cities are served at what times, as explained in  the attachments hereto. Comair's supplemental certification with respect to the slot exemptions for this service is set forth in Attachment 1 hereto. Additional information regarding this service is contained in Attachments 2 and 3 hereto.

Counsel: Comair, Paul Zampol

Comair, Inc.

In response to the Department's Order, Comair has submitted previous certifications with respect to service between LaGuardia and certain cities. On September 26, 2002, Comair filed a supplementary certification to reflect the planned transition to Comair on November 1, 2002 of all of the Atlantic Coast Airlines service at LaGuardia operated under the "Delta Connection" brand. There was an inadvertent error in the attachments to that filing with respect to slot exemption number 35136, which was shown as allocated to service to Columbus, Ohio. The city designated  should have been Greensboro, North Carolina. The purpose of this filing is to correct that error. The total number of AIR-21 slot exemptions operated at LaGuardia by Delta Connection carriers will not change as a result of this filing. Additional information regarding this service is contained in the Attachments hereto.

Counsel: Shaw Pittman, Robert Cohn,  202 663-8060

US Airways, Inc.

As set forth in the schedule attached hereto as Exhibit A, US Airways Express Carriers intend to reassign: 

• (i) a single Air-21 departure slot (# 35048) previously certified for Nantucket (MA) service, as operated by Colgan Air, Inc., to Syracuse (NY), to be operated by Allegheny Airlines, Inc., effective October 27, 2002;

• (ii) a single Air-21 arrival slot (# 35058) previously certified for Ithaca (NY) service, as operated by Allegheny Airlines, Inc., to Syracuse (NY), with no change in the operating carrier, effective October 27, 2002;

• (iii) a single Air-21 arrival slot (# 35066) previously certified for Norfolk (VA) service, as operated by Allegheny Airlines, Inc., to Manchester (NH), with no change in the operating carrier, effective October 27, 2002;

• (iv) a single Air-21 departure slot (# 35054) previously certified for Syracuse (NY) service, as operated by Allegheny Airlines, Inc., to Ithaca (NY), with no change in the operating carrier, effective October 27, 2002;

• (v) a single Air-21 arrival slot (# 35049) previously certified for Manchester (NH) service, as operated by Allegheny Airlines, Inc., to Norfolk (VA), with no change in the operating carrier, effective October 27, 2002;

• (vi) a single Air-21 departure slot (# 35050) previously certified for Nantucket (MA) service, as operated by Colgan Air, Inc., to Burlington (VT), to be operated by Allegheny Airlines, Inc., effective October 27, 2002;

• (vii) a single Air-21 departure slot (# 35051) previously certified for Lebanon (NH) service, as operated by Colgan Air, Inc., to Harrisburg (PA), to be operated by Allegheny Airlines, Inc., effective October 27, 2002;

• (viii) a single Air-21 departure slot (# 35162) previously certified for Rochester (NY) service, as operated by Allegheny Airlines, Inc., to Nantucket (MA), to be operated by Colgan Air, Inc., effective October 27, 2002;

• (ix) a single Air-21 arrival slot (# 35053) previously certified for Richmond (VA) service, as operated by Allegheny Airlines, Inc., to Albany (NY), to be operated by Colgan Air, Inc., effective October 27, 2002;

• (x) a single Air-21 arrival slot (# 35059) previously certified for Syracuse (NY) service, as operated by Allegheny Airlines, Inc., to Norfolk (VA), to be operated by Colgan Air, Inc., effective October 27, 2002;

• (xi) a single Air-21 arrival slot (# 35055) previously certified for Charleston (SC) service, as operated by Chautauqua Airlines, Inc., to Rochester (NY), to be operated by Colgan Air, Inc., effective October 27, 2002; and
• (xii) a single Air-21 departure slot (# 35052) previously certified for Lebanon (NH) service, as operated by Colgan Air, Inc., to Norfolk (VA), with no change in the operating carrier, effective October 27, 2002.

By: Andrew Nocella

Interim Slot Rules at LaGuardia Airport (Exemptions for Air Service to Small and Nonhub Airports --Limited to Aircraft with a Seating Capacity of Less Than 71)

American Trans Air, Inc. hereby submits its certification for the issuance of seven (7) slot exemptions at Laguardia Airport. ATA's certification is attached.

Counsel:  ATA, Barbara Greene

Wendell H. Ford Aviation and Investment and Reform Act for the 21st Century

In response to the Department's Order, Comair has submitted previous certifications with respect to service between LaGuardia and certain cities. Comair hereby supplements those certifications to reflect: (1) minor changes in certain existing services; and (2) the twenty-four (24) slot exemption allocations assigned to Comair in the FAA lottery held earlier this year. The additional allocations will allow Comair to increase service to cities already served and to begin new service between New York - LaGuardia and three cities: Knoxville, Tennessee; Lexington, Kentucky; and Manchester, New Hampshire. This new and increased service will begin during the period April 6 to April 13.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060

Wendell H. Ford Aviation and Investment and Reform Act for the 21st Century

As set forth in the schedule attached hereto as Exhibit A, US Airways Express Carriers intend to reassign:

• (i) slot # 35058 previously certified for Syracuse (NY) service, as operated by Allegheny Airlines, Inc., to Charlottesville (VA), to be operated by Colgan Airlines, Inc., effective April 6, 2003;

• (ii) slot # 35049 previously certified for Norfolk (VA) service, as operated by Allegheny Airlines, Inc., to Albany (NY), to be operated by Colgan Airlines, Inc., effective April 6, 2003;

• (iii) slot # 35059 previously certified for Norfolk (VA) service, as operated by Colgan Airlines, Inc., to Nantucket (MA), with no change in the operating carrier, effective April 6, 2003;

• (iv) slot # 35052 previously certified for Norfolk (VA) service, as operated by Colgan Airlines, Inc., to Roanoke (VA), with no change in the operating carrier, effective April 6, 2003;

• (v) slot # 35056 previously certified for Harrisburg (PA) service, as operated by Allegheny Airlines, Inc., to Portland (ME), to be operated by Colgan Airlines, Inc., effective April 6, 2003;

• (vi) slot # 35066 previously certified for Manchester (NH) service, as operated by Allegheny Airline, Inc., to Roanoke (VA), with no change in the operating carrier, effective April 6, 2003;

• (vii) slot # 35051 previously certified for Harrisburg (PA), as operated by Allegheny Airlines, Inc., to Ithaca (NY) service, with no change in the operating carrier, effective April 6, 2003;

• (viii) slot # 35067 previously certified for Lebanon (NH) service, as operated by Colgan Airlines, Inc, to Syracuse (NY), to be operated by Allegheny Airlines, Inc., effective April 6, 2003;

• (ix) slot # 35053 previously certified for Albany (NY), to as operated by Colgan Air, Inc., to Birmingham (AL) service, as operated by Chautauqua Airlines, Inc., effective April 6, 2003;

• (x) slot # 35054 previously certified for Ithaca (NY) service, as operated by Allegheny Airlines, Inc., to Manchester (NH), to be operated by Chautuaqua Airlines, Inc., effective April, 2003; and

•  (xi) slot # 35060 previously certified for Norfolk (VA) service, as operated by Allegheny Airlines, Inc., to Greensboro (NC), to be operated by Chautauqua Airlines, Inc., effective April 6, 2003.

These services will be operated with Stage 3 compliant aircraft (Dash-8, Saab 340, Beech1900, or ERJ-145), which have a certified maximum seating capacity of less than 71 passengers.

By: Andrew Nocella

April 29, 2003

OST-00-7175 - LaGuardia Regional Jet Service

Supplemental Certification of US Airways Express Carriers

As set forth in the schedule attached hereto as Exhibit A US Airways Express Carriers intend to utilize six (6) slots recently received by lottery to operate service from LaGuardia to the following airports, each of which qualifies as a non-hub or small hub airport (see 49 U.S.C. § 41714(h)(7), (h)(8)): Norfolk (VA); Charlottesville (VA); Knoxville (TN); and Syracuse (NY).

As set forth in the schedule attached hereto as Exhibit A, US Airways Express Carriers also intend to reassign:

• (i) slot #35059 previously certified for Nantucket (MA) service, as operated by Colgan Airlines, Inc., to Albany (NY), with no change in the operating carrier, effective May 4, 2003; and
• (ii) slot #35060 previously certified for Greensboro (NC) service, as operated by Chautauqua Airlines, Inc., to Wilmington (NC), with no change in the operating carrier, effective May 4, 2003.

Each of the services listed above will be operated with Stage 3 compliant aircraft (Dash-8, Saab 340, Beech 1900, or ERJ-145), which have a certified maximum seating capacity of less than 71 passengers.

Exhibit A - Slot Schedules
Service List

By: Andrew Nocella

May 23, 2003

OST-00-7175 - The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Supplemental Certification of Comair

In response to the Department's Order, Comair has submitted previous certifications with respect to service between LaGu