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Republic Airline Inc. d/b/a Republic Airlines
http://www.republicairways.com/
| OST-2003-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger | February 24, 2003 | Application for a Certificate of Public Convenience and Necessity | Certificate of Public Convenience |
| Motion for Confidential Treatment | |||
| Exhibit 1 - Name, Address, and Telephone Number | |||
| Exhibit 2 - Sworn Affidavit Confirming Citizenship | |||
| Exhibit 3 - Organizational Chart/ Summary Information/ Fitness Questionnaires | |||
| Exhibit 4 - Major Shareholders | |||
| Exhibit 5 - List of Subsidiaries | |||
| Exhibit 6 - Shares of Stock in Any Other Carrier | |||
| Exhibit 7 - Balance Sheets and Income Statements | |||
| Exhibit 8 - All Outstanding Actions for more than $5,000 | |||
| Exhibit 9 - Aircraft Fleet | |||
| Exhibit 10 - Compliance History | |||
| Exhibit 11 - Description of Charges of Unfair Practices With the Last 10 Years | |||
| Exhibit 12 - Description of Any Accidents | |||
| Exhibit 13 - Narrative History | |||
| Exhibit 14 - Federal, State and Foreign Authority | |||
| Exhibits 15 & 16 - Financial Information | |||
| Exhibit 17 - Signed Counterpart of Agreement | |||
| Exhibit 18 - Certification |
Republic plans to commence scheduled air transportation service using the trade name "US Airways Express" on July 9, 2003, providing commuter feeder services with fifty seat, Embraer EMB-145 regional jet aircraft for US Airways, Inc., pursuant to a Regional Jet Service Agreement between US Airways and Republic dated December 18, 2002. During the first twelve months of operations Republic plans to operate a fleet of twenty (20) aircraft. Republic has agreed to participate in US Airways' "Jets for Jobs" program under which Republic will hire a significant number of furloughed US Airways pilots.
RAH also owns and controls 100% of Chautauqua Airlines, Inc., a commuter air carrier which the Department has previously determined to be a U.S. citizen and to be fit, willing and able to operate scheduled air transportation. Chautauqua has a 30 year history of providing regional airline service to small and medium size cities throughout the country. Chautauqua currently operates a fleet of 62 Embraer regional jet aircraft, providing services in partnerships with American Airlines, America West Airlines, Delta Air Lines, and US Airways.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
| OST-03-14579 | March 3, 2003 | Notice of Appearance of International Brothers of Teamsters and Request for Service of Documents | Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger |
Counsel: Baptiste Wilder, William Wilder, 202-223-0723
| OST-03-14579 | March 3, 2003 | Affidavits of Confidentiality for Counsel for the Teamsters Airline Division | Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger |
Counsel: Baptiste Wilder, William Wilder, 202-223-0723
| OST-03-14579 | March 17, 2003 | Comments of Kenneth Moninski | Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger |
I am supportive of Republic's overall efforts to obtain Certification as a scheduled air carrier, as its benefits to the domestic airline industry, US Airways, the State of Kentucky, and the public at large are undeniable. It is clear that the initiation of service by Republic will maintain convenient air service to many communities, while relieving US Airways of a substantial cost burden. I remain hopeful that the deployment of regional jets as part of its reorganization plan will allow US Airways to emerge from bankruptcy protection in the near future. In addition, the "Jets for Jobs" program negotiated by US Airways and its regional partners will provide much needed employment for hundreds of aviation professionals until they are recalled to the network carrier when economic conditions improve.
However, I am perplexed as to why Republic would call into question its intentions by treating this Application as a mere formality and request that the Department declare them fit without any scrutiny. More specifically, the Department should seek clarification on the following issues before issuing an Order to Show Cause.The Application is silent to the reason that Republic's parent company Republic Airlines Holdings, Inc. has elected to create a new entity for the operation of up to 23 regional jets. Given that Chautauqua Airlines, an RAH subsidiary company, already operates 62 of the same aircraft type, it seems illogical that a separate company and its requisite overhead costs is necessary for this purpose. The February 26 edition of the Indianapolis Star has reported that the formation of Republic is a result of the continued rejection of the "Jets for Jobs" program by the pilots of Chautauqua. I believe that is appropriate for the Department to inquire as to the justification of an existing airline or related company to seek Economic Authority for any new operation. I would remind the Department that recent questions regarding abuse of the certification process (BostonMaine Airways Corp., OST 00-7668; Potomac Air, Inc., OST 2000-8536) have been raised by other interested parties. Given the taxpayer cost required to examine and process any Application, the intent of the Applicant should be clear, and if not, should be challenged by the Department during the initial review phase.
By: Kenneth Moninski, k_moninski@hotmail.com
| OST-03-14579 | Served March 25, 2003 Filed February 24, 2003 |
Notice Providing Access to Documents | Certificate of Public Convenience and Necessity to Engage in Interstate Transportation of Persons, Property and Mail |
On February 24, 2003, Republic Airline, Inc. d/b/a Republic Airlines filed the subject application for a certificate to engage in interstate scheduled passenger operations using 50-seat Embraer EMB-145 aircraft. Certain of the information filed in support of this application was accompanied by a motion under 14 C.F.R. 302.12 (Rule 12) of our regulations requesting confidential treatment. Republic Airlines maintains that the documents for which confidential treatment is sought are proprietary, commercially sensitive, and confidential in nature and, therefore, qualify for being withheld from public disclosure.
Republic Airlines does not hold any authority at this time. It is, however, a sister company to Chautauqua Airlines, Inc., a commuter air carrier, as both companies are wholly owned subsidiaries of Republic Airways Holding, Inc. The scheduled passenger operations proposed by Republic Airlines will be conducted under the trade name “US Airways Express” pursuant to a Regional Jet Service Agreement between US Airways and Republic. On March 3, 2003, the International Brotherhood of Teamsters, Airline Division, the certified representative of the pilots of Chautauqua, filed a notice of appearance and request for service of documents, as well as affidavits of confidentiality for two members of IBT’s counsel.
By: Read C. Van de Water
| OST-03-14579 | March 27, 2003 | Reply of Republic Airlines | Certificate - Interstate Scheduled Passenger |
While Republic respects Mr. Moninski's right to submit comments in this matter, we submit that nothing contained in his letter warrants delay or disapproval of the application.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
| OST-03-14579 | April 11, 2003 | Opposition of Airline Division, International Brotherhood of Teamsters to Application | Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger, Property and Mail |
The International Brotherhood of Teamsters submits this opposition to the application of Republic Airline, Inc. for a certificate of public convenience and necessity. Because Republic has failed to demonstrate that it will possess adequate financial means to maintain operations under the certificate and because its application is not in the public interest, the application should be denied.
Republic's application, therefore, does not serve the public interest in expanded regional air operations. Rather, it presents the Department with an untested and substantially nonexistent operation, lacking employees and aircraft. In light of the fact that the expanded flying proposed for Republic can far more quickly and efficiently be placed in service at Chautauqua Airlines, an established jet service regional carrier whose financial soundness, independent of USAirways, cannot be questioned, Republic's application does not serve the public interest and should be denied.
Counsel: Baptiste & Wilder, William Wilder, 202-223-0723
| OST-03-14579 | April 16, 2003 | Reply of Republic Airlines | Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger, Property and Mail |
Republic Airline, Inc. hereby responds to the "Opposition" of the International Brotherhood of Teamsters, filed on April 11, 2003. There is no merit to IBT's answer in opposition, which is (1) procedurally defective, (2) factually incorrect, and (3) legally in error. IBT has failed to raise any material issues to refute the strong fitness and public interest showings made by Republic in its application.
Republic is a well-financed new entrant carrier, with more than ample resources to meet its startup expenses and to begin operations. Republic has also shown that it can finance all anticipated first-year charter operations under the Department's zero revenue test. However, IBT erroneously urges the Department not to accept Republic's showing of fitness based on its cost-plus service agreement with US Airways. This ignores well-settled Department precedent, which is exactly on point. Republic will grow faster than traditional new entrants, and have different revenue and expense characteristics because it is operating in the service of and will be paid by a major U.S. carrier.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
April 24, 2003
OST-03-14579 - Certificate of Public Convenience and Necessity to Engage in Interstate Transportation of Persons, Property and Mail
Answer in Support by the Regional Airport Authority of Louisville and Jefferson County
The Airport Authority is delighted Republic has chosen to base its new airline operation at the Louisville International Airport and urges the Department of Transportation to issue the requested certificate of public convenience and necessity without delay.
By: James DeLong, 502-368-6524
May 8, 2003
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger, Property and Mail
Correspondence of Congresswoman Anne Northup
By: Anne Northup
May 8, 2003
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger, Property and Mail
Correspondence of Congressman Ron Lewis
By: Ron Lewis
May 8, 2003
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger, Property and Mail
Correspondence of Senator Jim Bunning
By: Jim Bunning
May 21, 2003
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
The Department's letter stated that the Department's practice is not to withhold from public disclosure the financial information submitted by applicants of the type contained in Exhibit 7 and on page 1 of Exhibit 15. However, there are unique circumstances applicable in this proceeding that warrant according confidentiality to the CY 2002 Income Statement and portions of the CY 2002 Balance Sheet, in order to avoid substantial competitive harm to Republic, to RAE-I, Republic's parent company, and RAH 's subsidiary, Chautauqua Airlines.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
May 27, 2003
OST-03-14579 - Certificate - Interstate Scheduled Passenger
Supplement No. 1 to Application
Republic Airline, Inc. d/b/a Republic Airlines hereby files this Supplement No. 1 to its Application for a certificate of public convenience and necessity under 49 U.S.C. §41102 to provide detailed information regarding the fitness and qualifications of its key management personnel. Republic has assembled a strong and experienced team to oversee the FAA certification process and Republic's operations upon receipt of the underlying DOT and FAA authorizations.
Attached hereto as a Supplement to Exhibit 3 are resumes and Fitness Questionnaires for each of the following key management personnel.
Resume of Alex Osleger
Resume of Mark Musial
Resume of Greg Dean
Resume of Rick Morgenstern
Resume of Frank Shea
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
May 9, 2003
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
Ruling on Confidential Treatment
Ruling of the Air Carrier Fitness Division, Office of Aviation Analysis on Motion of Republic Airlines, Inc. for Confidential Treatment of Documents, confidential treatment is being denied to all of Exhibit 7 and portions of Exhibit 15 and 16; confidential treatment will be granted to all revenue information and supporting statistics; grant confidential treatment to the portions of Exhibits 15 and 16 not specifically identified as denied; and, grants Exhibits 3, 9, and 19 under Rule 12 in their entirety.
By: Patricia Thomas
June 5, 2003
OST-03-14579 - Certificate - Interstate Scheduled Passenger
Motion for Confidential Treatment
Republic Airline Inc., d/b/a Republic Airlines hereby files this Motion, pursuant to Rule 12 of the Department's Rules of Practice (14 C.F.R. Section 302.12), to withhold from public disclosure revised Confidential Exhibit 4, which is being submitted herewith in a sealed envelope marked "Confidential Treatment Requested Pursuant to Section 302.12." This document is being filed under seal to replace the existing Confidential Exhibit 4 currently filed in the Confidential Docket in this proceeding with revised ownership information regarding the applicant.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060, robert.cohn@shawpittman.co
June 11, 2003
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
Supplement No. 2 to Application
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
OST-03-14579 - Certificate - Interstate Scheduled Passenger
June 3, 2003
Ex-Parte Letter to Representaitive Jerry Abramson (KY)
Ex Parte Letter to the Representative Ron Lewis
Ex-Parte Letter to Representative Jim Bunning
By: Norman Minetta
June 25, 2003
OST-03-14579 - Certificate - Interstate Scheduled Passenger, Property, and Mail
Hereby files this Supplement No. 3 to its Application for a certificate of public convenience and necessity under 49 U.S.C. §41102 to submit a copy of Republic's Preapplication Statement of Intent (FAA Form 8400-6) that was filed with the FAA on May 23, 2003.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
June 24, 2003
OST-96-1960 - Aviation Disaster Family Assistance Act
By: Thomas Hanley
July 31, 2003
OST-03-14579 - Certificate - Interstate Scheduled Passenger
Supplement No. 4 to Application
Republic has been working closely with the FAA Kentucky Flight Standards District Offices and the assigned CSET Team on its Part 121 certification. Subject to obtaining the necessary DOT and FAA approvals, Republic currently anticipates that it will be in a position to launch operations on or about November 12, 2003. Consistent with this revised timeline, Republic expects to have its first EMB-145 aircraft available in October 2003 in order to complete the FAA aircraft conformity checks and proving runs. Republic expects to have up to 5 EMB-145 aircraft in its fleet by January 2004, with its full complement of 20 EMB-145 aircraft in its fleet by the end of the first full year of operations.
Counsel: Shaw Pittman, Robert cohn, 202-663-8060
June 17, 2003
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
Correspondence of Patricia Thomas
Letter from Patricia L. Thomas, Chief, Air Carrier Fitness Division, Office of Aviation Analysis, stating that as a result, upon reconsideration of their May 9 ruling, the Department has decided to grant Republic's request with respect to the information noted in Republic's May 21 petition for reconsideration.
By: Patricia Thomas
OST-03-14579 - Certificate - Interstate Scheduled Passenger
August 18, 2003
Correspondence from Norman Y. Mineta to James P. Hoffa
The International Brotherhood of Teamsters represents the pilots, flight attendants, and mechanics at Chautauqua. The creation of Republic Airlines directly threatens the job security of these employees since Republic Airline already has announced that its initial operating routes are those transferred from Chautauqua to Republic. This action represents the work of our members and it has become a major impediment in the resolution of the current bargaining with the Chautauqua pilot group under the Railway Labor Act (RLA).
By: Norman Mineta
Order 03-10-6
OST-03-14579 - Certificate - Interstate Scheduled Passengers
Issued and Served October 6, 2003
Order to Show Cause Proposing Issuance of Certificate Authority
The Department tentatively finds that Republic Airline, Inc. d/b/a Republic Airlines and d/b/a US Airways Express (Republic) is fit, willing, and able to provide interstate scheduled air transportation of persons, property, and mail as a certificated air carrier, using small (60 seats or fewer) aircraft, subject to limitations and conditions.
If granted the certificate authority it seeks, Republic proposes to provide scheduled air transportation from its base in Louisville using up to 23 50-seat Embraer EMB-145 aircraft on behalf of US Airways under a Regional Jet Service Agreement Republic has not provided a detailed service proposal for its scheduled operations based on specific markets. It notes that this is because US Airways has not, as yet, determined the exact routes to be operated by Republic under the agreement. Nonetheless, it states that it expects to be operating services to feed US Airways' mainline operations and that its first two aircraft will operate between Louisville and Ronald Reagan Washington National Airport (DCA) and LaGuardia (LGA). Further, Republic has stated that it intends to pursue opportunities to utilize its aircraft, independent of the RJS agreement, for occasional charter service.
By: Michael Reynolds
OST-03-14579 - Certificate of Public Convenience and Necessity to Engage in Interstate Transportation of Persons, Property and Mail
March 8, 2004
Republic hereby requests authority to use large aircraft; specifically, 70-seat EMB- 170 aircraft, and supplements the record in this proceeding to provide the Department updated information regarding recent changes to Republic's proposed operations. Republic has entered into a code-share arrangement with United Air Lines, Inc. under which Republic will operate 70-seat EMB- 170 aircraft using the "United Express" code, under a "cost-plus" fee-for-service arrangement.
In connection with the service for United, Republic is moving its base of operations from Louisville, Kentucky to Indianapolis, Indiana. Indianapolis offers the potential for better synergies and passenger feed within United's system. Republic expects to launch its scheduled United Express operations in July 2004, operating service between Indianapolis and Washington Dulles International, and between Indianapolis and Chicago O'Hare. Republic plans to operate a fleet of up to 16 EMB‑170 aircraft during the first full year of service.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
March 8, 2004
Motion for Confidential Treatment Pursuant to Rule 12
Republic Airline Inc., d/b/a Republic Airlines (“Republic”) hereby files this Motion, pursuant to Rule 12 of the Department’s Rules of Practice (1 4 C.F.R.Section 302.12), to withhold from public disclosure the confidential exhibits contained in Supplement No. 5 filed today in the above-captioned docket. A confidential copy of the exhibits is being submitted contemporaneously herewith in a sealed envelope marked “Confidential Treatment Requested Under Section 302.12.”
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
April 23, 2004
Motion for Confidential Treatment Under Rule 12
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060, robert.cohn@shawpittman.com
Air Wisconsin Airlines Corporation / Chautauqua Airlines, Inc. / Mesa Airlines, Inc. / Republic Airline, Inc. / Shuttle America Corp. / SkyWest Airlines, Inc. / Trans States Airlines, Inc.
OST-04-17986 - Codesharing Statement of Authorization
May 28, 2004
Over the forthcoming weeks, ACA is due to terminate all of its services as a United Express carrier. United has entered into agreements with each of the Joint Applicants to operate those flights in place of ACA. The foreign carrier partners, however, (with a few exceptions') do not have pre-existing code-share relationships with any of the Joint Applicants and, therefore, additional authorization from the Department is required to enable them to continue to display their designator codes on established United Express routes currently operated by ACA.
In order to ensure continuity of service for the foreign carrier partners' passengers who wish to utilize those United Express services as part of itineraries in foreign air transportation, the Joint Applicants request a statement of authorization for a limited duration of 90 days. Prior to the expiration of that initial period, the Joint Applicants expect to file with the Department in this docket definitive code-share agreements with the foreign carrier partners along with a request that the Department, subject to its review of those agreements and consistent with Department policy, grant a statement or statements of authorization of indefinite duration, subject to the usual conditions the Department generally attaches to such code-share authority. In addition to facilitating continuity of existing code-share service for passengers, approval of this joint application will help to minimize the regulatory burden on the Department arising from the operational change-over of United Express services from ACA to the Joint Applicants.
By: Wilmer Cutler, Jeffrey Manley and David Heffernan, 202-663-6670, jeffrey.manley@wilmer.com and david.heffernan@wilmer.com
June 4, 2004
Supplement No. 6 to Application
RAH is willing to commit the funds necessary for Republic's start-up costs, as identified in this docket. RAH continues to have assets in excess of $35 million available for this purpose. RAH has already provided substantial funds to Republic for the day-to-day cash requirements during the start-up phase, and RAH will continue to do so. RAH has paid significant amounts for spare parts, aircraft deposits and aircraft progress payments for the sixteen (16) EMB-170 aircraft that will be operated by Republic pursuant to the code share agreement with United. RAH intends to also fund the future aircraft progress payments when due through the first half of 2005. When the operations begin this summer, Republic will have an assured revenue stream from United through a guaranteed cost reimbursement structure. As a result, there will be no need for RAH to fund Republic's ongoing operations, but it does have the resources available to commit to Republic, if necessary.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
June 4, 2004
Motion for Confidential Treatment
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
OST-04-17986 - Codesharing Statement of Authorization
June 8, 2004
On behalf of the Joint Applicants in the above referenced docket, I have polled the representatives of all carriers on the service list attached to the Application of Air Wisconsin Airlines Corporation, Chautauqua Airlines, Inc., Mesa Airlines, Inc., Republic Airline, Inc., Shuttle America Corp., SkyWest Airlines, Inc., and Trans States Airlines, Inc. for a statement of authorization filed May 28, 2004. All carriers' representatives have advised me that they have no objection to the granting of the request contained in the Application.
Counsel: Wilmer Cutler, Caryn Garvin, 202-663-6000
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
June 14, 2004
Withdrawal of Confidential Documents and Withdrawal of Motion for Confidential Treatment
Hereby withdraws the documents that were filed with the Motion for Confidential Treatment Pursuant to Rule 12, filed on April 23, 2004 as well as the Motion. We have been advised by the Department's staff that the documents are no longer necessary for the fitness determination.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
OST-04-17986 - Codesharing Statement of Authorization
Filed May 28, 2004 | Issued July 6, 2004
For a 90-day period, enable the Joint Applicants to carry the codes of certain foreign carriers (described below) on services that Joint Applicants operate as United Express, pending finalization and Departmental review of relevant contractual agreements. The Joint Applicants state that such Statement of Authorization will facilitate continuity of code-share services offered by certain foreign carriers, all of which are members of the Star Alliance and code-share partners of United Air Lines, Inc., on United Express flights heretofore operated between U.S. points by Atlantic Coast Airlines, Inc. (ACA) Each of the Joint Applicants requests authorization to display the two-letter designator code of any of the foregoing foreign carrier partners on flights operated by that Joint Applicant as United Express between any points in the United States. The Joint Applicants notify the Department that they intend to code share between Chicago (ORD) and/or Washington, DC (IAD), on the one hand, and other U.S. points, on the other, as listed in Attachment A, as initial points of service.
By: Karan Bhatia
OST-96-1960 - Family Assistance Plans
July 13, 2004
By: Thomas Hanley
Order 04-07-26
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
Issued July 26, 2004 | Served July 27, 2004
Order Amending Certificate | Word
By this order, we (1) find Republic Airline, Inc. d/b/a Republic Airlines (Republic) fit, willing, and able to engage in interstate scheduled air transportation of persons, property, and mail using large aircraft and (2) amend the interstate scheduled certificate currently issued to Republic to authorize such operations.
By: Karan Bhatia
OST-04-17986 - Codesharing Statement of Authorization
Date of Action August 31, 2004
Department Action on Application (Tran States and Austrian)
By: Linda Senese
Date of Action August 31, 2004
Department Action on Application (Tran States and bmi)
By: Linda Senese
OST-04-17986 - Codesharing Statement of Authorization
September 17, 2004
Joint Application for Extension of Interim Statement of Authorization
Hereby jointly apply for a 90-day extension of the blanket statement of authorization the Department issued to them on an interim basis pursuant to the Notice of Action Taken dated July 6, 2004 in the above-captioned docket. That statement of authorization is due to expire on October 4, 2004.
The Joint Applicants and the foreign carrier partners have been working to conclude formal code-share agreements between and among them. In accordance with the terms of the July 6 NOAT, once each of those agreements is signed, it is submitted to the Department for review, along with a request that the Department issue to the signatory carriers a definitive blanket statement of authorization of indefinite duration. Although that process is ongoing, it has taken longer than United and the Joint Applicants originally anticipated. As a result, the Joint Applicants do not anticipate that all of these code-share agreements will be completed, signed, and submitted to the Department in sufficient time to enable it to issue definitive statements of authorizations with respect to each agreement before the interim statement of authorization expires on October 4, 2004.
By: Wilmer Cutler, Jeffrey Manley and David Heffernan, 202-663-6670, jeffrey.manley@wilmer.com and david.heffernan@wilmer.com
OST-04-17986 - Codesharing Statement of Authorization
September 30, 2004
Codeshare Agreement between Air Wisconsin and Austrian Airlines
Counsel: Wilmer Cutler, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com
September 30, 2004
Codeshare Agreement between Mesa Airlines and Lufthansa
Counsel: Wilmer Cutler, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com
September 30, 2004
Codeshare Agreement between Tran States and Lufthansa
Counsel: Wilmer Cutler, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com
OST-04-17986 - Codesharing Statement of Authorization
Filed September 17, 2004 | Issued October 4, 2004
On September 17, 2004, the Joint Applicants filed in this Docket a request for extension of the interim statements of authorization for an additional 90-day period. The Joint Applicants state that it has taken longer than they anticipated to complete the contractual arrangements described above, and that a 90-day extension will afford them additional time they need to conclude this process.
By: Paul Gretch
OST-04-17986 - Codesharing Statement of Authorization
October 14, 2004
Re: Letter of Intent to Notify the Department of any New City Pairs
By letters dated September 30, 2004 and October 1, 2004, the undersigned submitted separate Code Share Agreements signed by Trans States Airlines, Inc. and Mesa Airlines, Inc. with Deutsche Lufthansa AG. These agreements were submitted pursuant to the terms of a Notice of Action Taken dated July 6, 2004 (as extended by Notice of Action Taken dated October 4, 2004), which authorizes Trans States, Mesa, and certain other U.S. carriers to carry the designator codes of certain foreign carriers on services operated as United Express. Attachment A to the NOAT contains an initial list of U.S. city pairs in which such code sharing is authorized. Pursuant to Condition (b) of the NOAT, the carriers subsequently filed a revised list of U.S. city pairs (Joint Application, Sept. 17, 2004, Attachment) and included in the above-referenced September 30 letter a notification for code sharing between Washington, D.C. and Toronto.
This letter confirms that, because Trans States/Lufthansa and Mesa/Lufthansa do not presently contemplate code sharing in any city pairs other than those already notified to the Department in this docket, their code-share agreements do not reference any specific city pairs. If, however, Trans States/Lufthansa or Mesa/Lufthansa intend to code share in any city pair not previously notified to the Department, they will furnish such notice no later than 30 days in advance, as required by the Condition (b) of the NOAT.
Counsel: Wilmer Cutler, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
November 4, 2004
Application for a Disclaimer of Jurisdiction Over the Transfer of Operating
The transfer of the operating authority to Newco is necessary to complete an intra‑corporate reorganization for business and tax purposes, to which the operating authority transfer is purely incidental. Under the reorganization, Republic's parent holding company (Republic Airways Holdings, Inc. ("RAH")) established Newco as a newly formed Indiana corporation. Republic, which is a Delaware corporation, will be merged into and with Newco and the surviving company will be called Republic Airline, Inc. d/b/a Republic Airlines. The transaction will not involve any change in the management, ownership, control, operations, financial condition or citizenship of the carrier.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
Order 04-11-10
OST-03-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
Issued and Served November 15, 2004
Order Disclaiming Jurisdiction and Confirming Oral Action | Word
By this order, we disclaim jurisdiction over the proposed reincorporation of Republic Airline, Inc. d/b/a Republic Airlines from a Delaware corporation to an Indiana corporation.
By: Randall Bennett
Air Wisconsin Airlines Corporation / Chautauqua Airlines, Inc. / Mesa Airlines, Inc. / Republic Airline, Inc. / Shuttle America Corp. / SkyWest Airlines, Inc. / Trans States Airlines, Inc.
OST-04-17986 - Codesharing Statement of Authorization
Date of Action December 8, 2004
On July 6, 2004, the Department granted a limited statement of authorization to seven U.S. carriers, one of which was Trans States Airlines, Inc., that would operate as United Express carriers in operations between points in the United States in code‑share arrangements with certain named foreign air carriers. In each instance, the U.S. carrier would place the code of the foreign air carrier on the U.S. carrier operations. The limited statement was contingent upon the individual applicant carriers submitting code‑share agreements to the Department for Department approval. On September 30, 2004, Trans States Airlines submitted its code‑share agreement with Deutsche Lufthansa AG.
On July 6, 2004, the Department granted a limited statement of authorization to seven U.S. carriers, one of which was Air Wisconsin Airlines Corporation, that would operate as United Express carriers in operations between points in the United States in codeshare arrangements with certain named foreign air carriers. In each instance, the U.S. carrier would place the code of the foreign air carrier on the U.S. carrier operations. The limited statement was contingent upon the individual applicant carriers submitting code‑share agreements to the Department for Department approval. On September 30, 2004, Air Wisconsin Airlines Corporation submitted its code‑share agreement with Austrian Airlines.
On July 6, 2004, the Department granted a limited statement of authorization to seven U.S. carriers, one of which was Mesa Airlines, Inc., that would operate as United Express carriers in operations between points in the United States in code‑share arrangements with certain named foreign air carriers. In each instance, the U.S. carrier would place the code of the foreign air carrier on the U.S. carrier operations. The limited statement was contingent upon the individual applicant carriers submitting code‑share agreements to the Department for Department approval. On October 1, 2004, Mesa Airlines submitted its codeshare agreement with Deutsche Lufthansa AG.
On July 6, 2004, the Department granted a limited statement of authorization to seven U.S. carriers, one of which was Air Wisconsin Airlines Corporation, that would operate as United Express carriers in operations between points in the United States in codeshare arrangements with certain named foreign air carriers. In each instance, the U.S. carrier would place the code of the foreign air carrier on the U.S. carrier operations. The limited statement was contingent upon the individual applicant carriers submitting code‑share agreements to the Department for Department approval. On October 8, 2004, Air Wisconsin Airlines Corporation submitted its code‑share agreement with British Midland Airways Ltd.
On July 6, 2004, the Department granted a limited statement of authorization to seven U.S. carriers, one of which was Trans States Airlines, Inc., that would operate as United Express carriers in operations between points in the United States in code‑share arrangements with certain named foreign air carriers. In each instance, the U.S. carrier would place the code of the foreign air carrier on the U.S. carrier operations. The limited statement was contingent upon the individual applicant carriers submitting code‑share agreements to the Department for Department approval. On November 30, 2004, Trans States Airlines submitted its code‑share agreement with All Nippon Airways Co. Ltd.
By: Linda Senese
July 15, 2005
Request for Waiver of Dormancy Requirements
Republic has been working very closely with the FAA and is in the final stages of the FAA certification process. However, that process is not expected to be completed until shortly after the expiration of the one-year dormancy period. Based on Republic's communications with the FAA, Republic believes that the FAA should be in a position to issue Operations Specifications to Republic later this summer. The FAA and Republic have expended considerable time and resources on the certification process. Clearly, the government would not want all of its efforts wasted, particularly at this late stage of the process. Republic is poised to commence its proposed code-share operations immediately upon issuance of the necessary DOT and FAA authorizations.
Counsel: Hogan & Hartson, Robert Cohen
OST-2003-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
July 26, 2005
On July 15, 2005, Republic filed in Docket OST 2003-14579 a request for a waiver from the dormancy provisions of section 204.7. In its request, the carrier stated that although it has been working closely with the FAA and is in the final stages of the FAA certification process, it would be unable to make its certificate authority effective and commence operations by July 26, 2005, its one-year revocation-for-dormancy date.
It is not our policy to grant extensions from the provisions of section 204.7 unless a carrier can establish "good cause" for such action. This includes demonstrating that the company is well along in its process for obtaining FAA approval to commence operations.
Based on our most recent conversations with the FAA, it appears as though Republic is making satisfactory progress toward obtaining its FAA certificate and that the carrier will commence its proposed operations in the near future. Therefore, we grant Republic's request for a waiver from section 204.7 until November 30, 2005.
By: William Bertram
OST-2003-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
August 23, 2005
Letter Submitting Documents and Information Required by Order 2004-7-26 - Bookmarked
Republic Airline Inc., d/b/a Republic Airlines hereby submits documents and information required by the terms of the certificate of public convenience and necessity issued by the Department by Order 2004-7-26. In addition, Republic requests that the Department waive the six business day waiting period and make Republic's certificate effective by no later than August 26, 2005 (the date on which Republic expects to receive its FAA Part 121 Operating Certificate).
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2003-14579 - Certificate of Public Convenience and Necessity to Engage in Interstate Transportation of Persons, Property and Mail
August 30, 2005
Request to Waive Six Day Waiting Period
This is to advise you that FAA issued to Republic Airline Inc., d/b/a Republic Airlines an Air Carrier Certificate and Operations Specifications, effective August 29, 2005, authorizing Republic to conduct scheduled passenger transportation.
Republic respectfully requests that the Department immediately issue the Effective Certificate authorizing Republic to commence scheduled passenger operations, and waive the six day waiting period.
Counsel: Hogan & Hartson, Sheryl Israel, 202-637-1992, srisrael@hhlaw.com
OST-2003-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
August 30, 2005
Re: FAA Issuance of Certificate
This is to advise you that FAA issued to Republic Airline Inc., d/b/a Republic Airlines an Air Carrier Certificate and Operations Specifications, effective August 29, 2005, authorizing Republic to conduct scheduled passenger transportation.
Republic respectfully requests that the Department immediately issue the Effective Certificate authorizing Republic to commence scheduled passenger operations, and waive the six day waiting period.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2005-22506 - US-Canada
September 16, 2005
Application for an Exemption and a Certificate of Public Convenience and Necessity
Pursuant to Subparts B and C of the Department's Rules of Practice in Proceedings and the Department's streamlining procedures announced in Docket OST-2005-22228, Republic Airline Inc., d/b/a Republic Airlines hereby applies under 49 U.S.C. § 40109 for an exemption and under 49 U.S.C. § 41101 for a certificate of public convenience and necessity authorizing Republic to provide scheduled foreign air transportation of persons, property and mail between points in the United States and points in Canada. Republic requires such authority to operate U.S. -Canada service using large jet aircraft under code-share fee for service arrangements with one or more major U.S. air carriers.
Republic requests that the Department promptly issue a single Order (1) granting the requested exemption authority for a period of two years, or until 90 days after issuance of Republic's U.S.-Canada certificate authority, whichever occurs earlier, and (2) tentatively awarding the corresponding U.S. -Canada certificate authority, using the show-cause procedures described in the Department's August 23, 2005 Notice in Docket OST-2005-22228. To expedite this process, Republic will conduct a poll of the U.S. carrier representatives identified on the service list attached to this application and advise the Department of the results.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
Order 2005-9-24
OST-2003-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
Issued and Served September 29, 2005
Order Confirming Oral Action and Issuing Effective Certificate
1. We confirm our oral action of August 30, 2005, making the section 41102 interstate scheduled certificate authority issued to Republic Airline, Inc. d/b/a Republic Airlines effective on August 29, 2005.
2. We reissue to Republic Airline, Inc. d/b/a Republic Airlines the section 41102 interstate scheduled passenger certificate issued to it by Order 2005-7-29 in the attached form to reflect its effective date and the trade names “US Airways Express” and “United Express.”
3. Should Republic Airline, Inc. d/b/a Republic Airlines propose to conduct operations with more than 16 large aircraft, we direct it to notify the Department in writing at least 45 days prior to the proposed change in operations and demonstrate its fitness to conduct such operations before their commencement.
4. We direct Republic Airline, Inc. d/b/a Republic Airlines to submit to the Air Carrier Fitness Division a first year progress report within 45 days following the end of its first year of certificated operations.
By: Randall Bennett
OST-2005-23355 - Motion to Withhold Certain Information from Public Disclosure - Form 41
December 12, 2005
Motion to Withhold Certain Information from Public Disclosure - Bookmarked
Republic Airlines hereby files this motion to withhold from public disclosure certain information contained in Republic’s Form 41 reports submitted herewith under seal. The information is being reported to the Department in accordance with the requirements of 14 C.F.R Part 241 relating to the third quarter of 2005 and the Interim Operations Report for the month ended October 31, 2005.
On September 4, 2005, Republic launched its scheduled passenger operations as a US Airways Express code-share carrier operating Embraer EMB-170 aircraft. As a newly certificated airline operating large aircraft, Republic is herewith filing its first Form 41 reports with the Department.
Republic is seeking confidential treatment of certain line items redacted on its Form 4 1 quarterly report for the third quarter of 2005 on Schedules B-1, B-7,B- 12, P-1.2, P-5.1, and P-6, as well as certain line items redacted on Schedule P-1(a) for Republic’s Interim Operations Report for the month ended October 31, 2005.
Republic requests confidential treatment of highly competitively sensitive information pertaining to Republic’s operating costs and profits for its large aircraft operations. Because Republic operates only a single aircraft type for only a single mainline code-share carrier, the public disclosure of such information would likely cause substantial competitive harm to Republic by allowing third parties to calculate with precision Republic’s aircraft and operating costs, and code-share agreement profit margins.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2005-23354 - Shuttle America - Form 41 Motion
OST-2005-23355 - Republic Airlines - Form 41 Motion
December 30, 2005
Shuttle America and Republic Airlines filed motions to withhold from public disclosure certain information contained in their Form 41 reports. Shuttle and Republic assert that public disclosure of such information would likely cause them substantial competitive harm. Shuttle and Republic contend that the competitive harm that will result from public disclosure of their financial information is "unique" to them because Shuttle operates only a single type of aircraft for two unaffiliated mainline partners and Republic operates only a single aircraft type for only one unaffiliated mainline partner.
Shuttle's and Republic's requests for non‑disclosure to the public of certain information are overly broad and raise significant issues that should be considered more fully and carefully.
Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wrf.com
BTS-2004-19380 - Request for Public Comments on 14 CFR Part 241 Reporting Requirements
OST-2005-20112 - Notice of Regulatory Review
OST-2005-23355 - Form 41 - Schedule B-43
April 6, 2006
Motion for Confidential Treatment
Republic Airline Inc. d/b/a Republic Airlines hereby submits this motion to withhold from public disclosure certain information contained in Republic's Form 41, Schedule B-43, Inventory of Airframes and Aircraft Engines, for the year ended December 31, 2005.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2007-27199 - Exemption - Denver-Select Mexico Points
February 2, 2007
Republic Airline Inc. hereby applies under 49 U.S.C. § 40109 for an exemption authorizing Republic to provide scheduled foreign air transportation of persons, property, and mail between Denver, Colorado, on the one hand, and Mazatlan, Ixtapa/Zihuatanejo, Puerto Vallarta, and San Jose del Cabo, Mexico, on the other hand. Republic requires such authority to operate service between Denver and these destinations in Mexico using large jet aircraft under codeshare fee-for-service arrangements with Frontier Airlines, Inc. Republic further requests that it be authorized to integrate this authority with its other exemption and certificate authority granted by the Department, to the extent permitted by international agreements. Republic requests that the Department promptly grant the requested exemption authority for a period of two years, or until 90 days after issuance of corresponding certificate authority, whichever occurs earlier.
Republic holds a certificate of public convenience and necessity to engage in interstate scheduled air transportation of persons, property, and mail. See Order 2005-9-24. Pursuant to its effective certificate, Republic is operating scheduled interstate service using Embraer 170 aircraft configured with 72 seats, and will soon take initial delivery of additional airplanes of this type configured with 76 seats as well as its first 86-passenger Embraer 175 airplanes.
Republic has recently entered into a code-share agreement with Frontier under which Republic will operate regional jet service on behalf of, and under the trade name of, Frontier Airlines. In that regard, initial plans call for Republic to operate 76-seat ERJ-170 aircraft between Frontier's hub at Denver, on the one hand, and Mazatlan, Ixtapa/Zihuatanejo, Puerto Vallarta, and Cabo San Lucas, Mexico, on the other hand, starting around August 2007. Republic plans to operate these services for Frontier on a seasonal basis.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2005-22506 - Exemption and Certificate of Public Convenience and Necessity - US-Canada
Filed September 16, 2005 | Issued February 2, 2007
Granted Exemption: scheduled foreign air transportation of persons, property, and mail between points in the United States and points in Canada.
Deferred Certificate: scheduled foreign air transportation of persons, property, and mail between points in the United States and points in Canada.
Republic states that it requires the above authority to operate U.S.-Canada service using large jet aircraft under code-share fee for service arrangements with one or more major U.S. carriers.
Republic is authorized to engage in interstate scheduled transportation using large aircraft, subject to the restriction that Republic’s operations are performed under a fee-for-service agreement with a major U.S. carrier (see Order 2005-9-24).
We will address Republic’s request for certificate authority separately.
By: Paul Gretch
OST-1995-236 - Warsaw Liability Limitations
February 8, 2007
By: Republic Airlines d/b/a Frontier Airlines, Robert Casper
Served February 8, 2007
Notice of Registration of Trade Name
On February 2, 2007, Republic Airline, Inc., a certificated air carrier, requested that the Department register the trade name “Frontier Airlines” for use in certain of its air transportation operations.
Part 215 of the Department’s regulations provides that any carrier wishing to use an alternative trade name must first register that name with the Department. The rule further states that the Department may register such name after the carrier gives notification to similarly named carriers of the proposed use of the name. Republic states that Frontier Airlines, Inc. is aware of and concurs with the trade name registration and that the only other similarly named carriers conduct business pursuant to operating agreements with Frontier. Therefore no other notification is required. Since Republic has complied with the requirements of Part 215, we acknowledge the registration of the trade name “Frontier Airlines” by Republic for immediate use in its operations.
By: Todd Homan
OST-2007-27199 - Exemption - Denver-Select Mexico Points
February 12, 2007
Republic Airlines has polled the US carrier representatives served with the above-referenced application, and no carrier has objected to Republic's request for exemption authority. Accordingly, Republic respectfully requests that the Department grant the exemption as soon as possible.
Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com
OST-2007-27199 - Exemption - Denver-Mazatlan, Ixtapa/Zihuatanejo, Puerto Vallarta and San Jose del Cabo
Filed February 2, 2007 | Issued February 22, 2007
Scheduled foreign air transportation of persons, property, and mail between Denver, Colorado, on the one hand, and Mazatlan, Ixtapa/Zihuatanejo, Puerto Vallarta, and San Jose del Cabo, Mexico, on the other hand, and to integrate this authority with its other exemption and certificate authority granted by the Department, to the extent permitted by international agreements. The carrier states that it will use the authority under a code-share fee-for-service arrangement with Frontier Airlines, Inc. and will provide the services on a seasonal basis.
Republic is authorized to engage in interstate scheduled transportation using large aircraft, subject to the restriction that Republic's operations are performed under a fee-for-service agreement with a major U.S. carrier (See Order 2005-9‑24).
By: Paul Gretch
OST-1996-1960 - Family Assistance Plans
March 1, 2007
Counsel: Republic, Larry Wilkinson
OST-2007-27746 - Exemption - Denver/Kansas City-Cancun
March 26, 2007
Republic Airline Inc. hereby applies under 49 U.S.C. § 40109 for an exemption authorizing Republic to provide scheduled foreign air transportation of persons, property, and mail between Denver, Colorado, and Kansas City, Missouri, on the one hand, and Cancun, Mexico, on the other hand. Republic requires such authority to operate service in these markets using large jet aircraft under code-share fee-for-service arrangements with Frontier Airlines, Inc. Republic further requests that it be authorized to integrate this authority with its other exemption and certificate authority granted by the Department, to the extent permitted by international agreements.
Republic requests that the Department promptly grant the requested exemption authority for a period of two years, or until 90 days after issuance of corresponding certificate authority, whichever occurs earlier.
Republic already holds exemption authority to operate scheduled service between Denver and certain other points in Mexico. See Notice of Action Taken, dated February 22, 2007 (Docket OST-2007‑27199).
Republic has recently entered into a code-share agreement with Frontier under which Republic will operate regional jet service on behalf of, and under the trade name of, Frontier Airlines. In that regard, code-sharing plans call for Republic to operate 76-seat ERJ-170 aircraft between Frontier's hub at Denver and Cancun, and between Kansas City and Cancun, starting around December 1, 2007. Republic plans to operate these services for Frontier on a seasonal basis.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2007-27746 - Exemption - Denver/Kansas City-Cancun
March 30, 2007
Support of Kansas City Aviation Department
The Kansas City Aviation Department, as the operator of Kansas City International Airport, files this letter in support of Republic Airline's application for exemption authority to operate scheduled nonstop passenger service between Kansas City and Cancun, Mexico.
The addition of Republic's service will enable Frontier to supplement and/or complement its current operations by adding capacity or right-sizing the aircraft used on the route as demand and market conditions warrant.
This flexibility will inure to the benefit of Kansas City. Republic's plans to operate in this market would help strengthen the international network of services offered from Kansas City. Accordingly, KCAD fully supports Republic's application for exemption authority to serve this market and urges the Department to approve it.
By: Director of Aviation, Mark VanLoh, 216-243-3100
OST-2007-27746 - Exemption - Denver/Kansas City-Cancun
Filed March 26, 2007 | Issued April 12, 2007
Scheduled foreign air transportation of persons, property, and mail between (1) Denver, Colorado, and Cancun, Mexico; and (2) Kansas City, Missouri, and Cancun, Mexico, and to integrate this authority with its other exemption and certificate authority granted by the Department, to the extent permitted by international agreements. The carrier states that it will use the authority under a code-share fee-for-service arrangement with Frontier Airlines, Inc., whereby Republic will operate regional jet service on behalf of, and under the trade name of, Frontier. Republic states that the services will be provided on a seasonal basis.
Republic is authorized to engage in interstate scheduled transportation using large aircraft, subject to the restriction that Republic’s operations are performed under a fee-for-service agreement with a major U.S. carrier (see Order 2005-9-24).
By: Paul Gretch
OST-2003-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
May 18, 2007
Application for an Amendment of Certificate
Republic Airlines hereby applies for an amendment of its certificate of public convenience and necessity to remove Condition 4, which limits Republic's scheduled passenger authority to operations conducted under fee-for-service agreements with major U.S. air carriers. Republic believes there is no sound regulatory purpose for continuing to impose this certificate limitation on Republic. First, Republic has substantial financial resources and experienced management capability. Second, although Republic does not have immediate plans to launch service independent of its existing fee-for-service agreements, removal of this condition will afford Republic the flexibility to respond quickly to new marketplace opportunities and would be consistent with the statutory mandate for the Department to place maximum reliance on competitive market forces.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2007-28499 - Exemption - Sacramento-San Jose del Cabo; San Jose-San Jose del Cabo; Albuquerque-Puerto Vallarta
June 12, 2007
Republic hereby applies under 49 U.S.C. 40109 for an exemption authorizing Republic to provide scheduled foreign air transportation of persons, property, and mail between (i) Sacramento, California, and San Jose del Cabo, Mexico; (ii) San Jose, California, and San Jose del Cabo, Mexico; and (iii) Albuquerque, New Mexico, and Puerto Vallarta, Mexico. Republic requires such authority to operate service in these markets using large jet aircraft under code-share fee-for-service arrangements with Frontier Airlines, Inc. Republic further requests that it be authorized to integrate this authority with its other exemption and certificate authority granted by the Department, to the extent permitted by international agreements.
Republic requests that the Department promptly grant the requested exemption authority for a period of two years, or until 90 days after issuance of corresponding certificate authority, whichever occurs earlier.
Republic operates regional jet service on behalf and under the trade name of Frontier Airlines pursuant to an Airline Services Agreement between the carriers. In that context, Frontier has requested that Republic operate 76-seat ERJ-170 aircraft on year-round daily nonstop flights between Sacramento and San Jose, California, on the one hand, and San Jose del Cabo, Mexico, on the other hand, commencing on or about October 24, 2007; and seasonal thrice-weekly nonstop flights between Albuquerque, New Mexico, and Puerto Vallarta, Mexico, commencing on or about December 15, 2007.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2007-28499 - Exemption - Sacramento-San Jose del Cabo; San Jose-San Jose del Cabo; Albuquerque-Puerto Vallarta
June 21, 2007
Republic Airline has polled the US carrier representatives served with the above-referenced application, and no carrier has objected to Republic's request for exemption authority. Accordingly, Republic requests that the Department grant the exemption as soon as possible.
Counsel: Hogan & Hartson, Jonathan Echmalian, 202-637-5600
OST-2007-28499 - Exemption - Sacramento-San Jose del Cabo; San Jose-San Jose del Cabo; Albuquerque-Puerto Vallarta
Filed June 12, 2007 | Issued June 27, 2007
Scheduled foreign air transportation of persons, property, and mail between (1) Sacramento, California, and San Jose del Cabo, Mexico; (2) San Jose, California, and San Jose del Cabo, Mexico; and (3) Albuquerque, New Mexico, and Puerto Vallarta, Mexico, and to integrate this authority with its other exemption and certificate authority to the extent permitted by international agreements. The carrier states that it will use the authority under a code-share fee-for-service arrangement with Frontier Airlines, Inc. (Frontier), whereby Republic will operate regional jet service on behalf of, and under the trade name of, Frontier. Republic states that it will provide year-round service in the Sacramento/San Jose-San Jose del Cabo markets, and seasonal service in the Albuquerque-Puerto Vallarta market.
Republic is authorized to engage in interstate scheduled transportation using large aircraft, subject to the restriction that Republic’s operations are performed under a fee-for-service agreement with a major U.S. carrier (see Order 2005-9-24).
By: Paul Gretch
OST-2007-28760 - Exemption - Sacramento/San Jose-Puerto Vallarta Codeshare with Frontier
July 16, 2007
Republic operates regional jet service on behalf and under the trade name of Frontier Airlines pursuant to an Airline Services Agreement between the carriers. In that context, Frontier has requested that Republic operate 76-seat ERJ-170 aircraft on seasonal thrice-weekly nonstop flights between Sacramento and San Jose, California, on the one hand, and Puerto Vallarta, Mexico, on the other hand, commencing on or about December 15, 2007.
Republic understands that Frontier will separately apply for an exemption and code-share authorization for the Sacramento/San Jose-Puerto Vallarta routes.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2007-28760 - Exemption - Sacramento/San Jose-Puerto Vallarta Codeshare with Frontier
July 23, 2007
Republic Airline Inc. has polled the U.S. carrier representatives served with the above-referenced application, and no carrier has objected to Republic's request for exemption authority. Accordingly, Republic requests that the Department grant the exemption as soon as possible.
Counsel: Hogan & Hartson, Jonathan Echmalian, 202-637-5600
OST-2007-28760 - Exemption - Sacramento/San Jose-Puerto Vallarta Codeshare with Frontier
Filed July 16, 2007 | Issued August 3, 2007
Scheduled foreign air transportation of persons, property, and mail (1) between Sacramento, California, and Puerto Vallarta, Mexico; and (2) between San Jose, California, and Puerto Vallarta, Mexico, and to integrate this authority with its existing exemption and certificate authority. Republic states that it will operate these services under a code-share fee-for-service arrangement with Frontier Airlines, Inc., whereby Republic will operate regional jet service on behalf of, and under the trade name of, Frontier. Republic proposes to operate these services on a seasonal basis commencing on or about December 15, 2007. (OST-2007-28765)
By: Paul Gretch
Order 2007-11-27
OST-2003-14579 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
Issued and Served November 28, 2007
By this order, we amend the interstate scheduled passenger certificate issued to Republic Airline Inc. d/b/a Republic Airlines by removing a condition in the certificate that limits the air carrier’s scheduled passenger operations to those conducted under a fee-for-service agreement, or a similar agreement, with a major U.S. air carrier.
The air carrier’s financial condition has improved significantly and the Department finds no reason to continue to restrict Republic’s operations. Moreover, Republic’s key management and technical personnel are more experienced in overseeing scheduled passenger operations than they were at the time that Republic was initially found fit. Further, with RAH having working capital in excess of $100 million, it is clear that Republic would have access to sufficient financial resources to commence such independent operations.
We remind Republic that regardless of the type of operations it conducts, either independent or under a fee-for-service agreement, or a similar agreement, with a major U.S. air carrier, the air carrier continues to remain limited to operating no more than 75 total aircraft.
By: Andrew Steinberg
OST-2007-0084 - Blanket Route Integration Authority and Blanket Open-Skies Certificate Authority
December 12, 2007
Application of Republic for a Certificate of Public Convenience and Necessity
Republic hereby applies for a certificate of public convenience and necessity authorizing Republic to engage in scheduled foreign air transportation of persons, property, and mail between the United States and all countries with which the United States has an open-skies (or MALIAT) agreement that is being applied (including authority to operate via the United States and intermediate points to a point or points within these countries, and beyond, to the extent the applicable aviation agreement grants such rights).
In addition, Republic hereby applies for a certificate of public convenience and necessity authorizing Republic to engage in scheduled foreign air transportation of persons, property, and mail between the United States and each of the following effectively open-entry countries in the Caribbean:
Anguilla
Antigua and Barbuda
Bahamas, The
Barbados
Belize
British Virgin Islands
Cayman Islands
Dominica
Dominican Republic
Grenada
Haiti
Montserrat
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Trinidad and Tobago
Turks and Caicos Islands
Republic anticipates that it will provide services under the requested certificate authority using suitable airplane types currently within its fleet or on order, including, but not limited to, Embraer 170 and Embraer 175 regional jets configured with 72-86 passenger seats.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2005-22228 - Blanket Route Integration Authority
December 12, 2007
Re: Republic Airlines In the Matter of Blanket Route Integration Authority
Pursuant to the Department's Notice served November 28, 2007 in the above-referenced Docket, Republic Airline Inc. d/b/a Republic Airlines hereby notifies the Department of its interest in obtaining a blanket route integration certificate.
Republic is a certificated air carrier' holding authority to conduct foreign scheduled air transportation. See Notices of Action Taken dated February 2, 2007 (Docket OST-2005-22506) (U.S.-Canada); and February 22, 2007 (Docket OST-2007-27199), April 12, 2007 (Docket OST-2007-27746), June 27, 2007 (Docket OST-2007-28499) and August 3, 2007 (Docket OST-2007-28760) (U.S-Mexico). In addition, Republic is today applying for blanket open-skies certificate authority in Docket DOT-OST-2007-0084.Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2007-28499 - Exemption - Sacramento-San Jose del Cabo; San Jose-San Jose del Cabo; Albuquerque-Puerto Vallarta
January 10, 2008
Re: Notice of Seasonal Service for Sacramento/San Jose-San Jose del Cabo
Hereby notifies the Department that the service operated by Republic on behalf, and under the trade name, of Frontier Airlines between Sacramento and San Jose, California, on the one hand, and San Jose del Cabo, Mexico, on the other hand, will be on a seasonal, rather than a year-round, basis going forward.
Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5600
OST-2005-22506 - Exemption and Certificate of Public Convenience and Necessity - US-Canada
January 11, 2008
Application to Amend Exemption
Republic Airlines hereby applies under 49 U.S.C. § 40109 to amend the exemption issued to Republic by Notice of Action Taken dated February 2, 2007, authorizing Republic to engage in scheduled foreign air transportation of persons, property, and mail between points in the United States and points in Canada, to remove all conditions that limit Republic's authority to operations performed under a fee-for-service agreement with a major U.S. carrier.
The Department deferred action on Republic's request for issuance of a certificate when it initially issued the U.S.-Canada exemption, noting that the Department would address Republic's request for certificate authority separately. No action has been taken to date with respect to Republic's request for U.S.-Canada certificate authority. On December 12, 2007, Republic applied for blanket open-skies certificate authority, which would include U.S.-Canada (Docket DOT-OST-2007-0084) in response to a DOT notice inviting such applications. Republic hereby incorporates by reference all relevant information submitted in this docket, Docket DOT-OST-2007-0084 and Docket DOT-OST-2003-14579 to support this application. Republic urges the Department to act promptly on the instant request or, in the alternative, to act promptly on Republic's pending application for blanket open-skies certificate authority.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2005-22506 - Exemption and Certificate of Public Convenience and Necessity - US-Canada
Filed January 11, 2008 | Issued January 24, 2008
Republic requests that the Department amend its exemption granted by Notice of Action Taken dated February 2, 2007, authorizing Republic to engage in scheduled foreign air transportation of persons, property, and mail between points in the United States and points in Canada, to remove all conditions that limit Republic’s authority to operations performed under a fee-for-service agreement with a major U.S. carrier. The carrier states that the Department recently amended its Certificate of Public Convenience and Necessity to engage in interstate scheduled air transportation of persons, property, and mail, removing the condition that previously limited Republic’s scheduled passenger operations to those conducted under a fee-for-service agreement, or a similar agreement, with a major U.S. carrier (See Order 2007-11-27).
With our action here, Republic is authorized to operate U.S.-Canada services on its own or under a code-share arrangement with other carriers. The exemption authority granted on February 2, 2007, as amended here, will expire February 2, 2009.
By: Paul Gretch
OST-2005-23354 - Shuttle America - Withhold Information from Public Disclosure - Form 41
OST-2005-23355 - Republic - Withhold Information from Public Disclosure - Form 41
April 23, 2008
Joint Motion for Leave to File and Answer of American Airlines and United Air Lines
In recent months, ExpressJet, Inc. and Virgin America Airlines, encouraged in part by the Department's inaction on the pending motions at issue here, have filed similar requests to withhold. See Dockets OST-2007-28396 and OST-2008-0107. The Department definitively rejected ExpressJet's motion, in part because of the unfairness this caused to other carriers competing with ExpressJet that made public, rather than confidential submissions.
Both ExpressJet and Virgin America referred to the undecided motions of Shuttle and Republic as precedent for their own motions to withhold. In these circumstances, it is important for the Department to act now on the Shuttle and Republic motions by denying them for the same reasons applied to ExpressJet and urged by American, United, and others to be applied to Virgin America. The arguments made by Shuttle and Republic are identical to those urged by ExpressJet and Virgin America - namely, they want to shield their information from competitors. American and United have previoisly set forth in their pleadings in the ExpressJet and Virgin America cases why such preferential protection cannot be granted to one competitor in an industry where other competitors' data is subject to release.
Counsel: American, Carl Nelson, 202-496-5647 / United, Jeffrey Manley, 301-229-8571
OST-2005-23355 - Republic Airlines - Confidential Treatment Under 14 CFR 302.12 (Form 41, Schedules B-1, B-7, B-12, P.1.2, P-1(a), P-5.1 and P-6)
OST-2005-23354 - Shuttle America - Confidential Treatment Under 14 CFR 302.12 (Form 41, Schedules B-1, B-7, B-12, P.1.2, P-1(a), P-5.1 and P-6)
May 2, 2008
In their respective Motions seeking confidential treatment, Republic and Shuttle amply demonstrated how each has met the applicable legal standard for withholding the identified confidential, competitively sensitive financial information from public disclosure under Exemption 4, as well as under the applicable legal standards for grant of confidentiality and well‑established Department precedent. The public release of the information for which Republic and Shuttle seek confidential treatment would likely cause substantial competitive harm. American and United's meritless Joint Answer should be rejected. It focuses solely on the confidentiality issues raised in the context of the ExpressJet and Virgin America dockets, and has no relevancy to the unique circumstances involving Republic and Shuttle in the instant dockets.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2005-23355 - Republic Airlines - Confidential Treatment Under 14 CFR 302.12 (Form 41, Schedules B-1, B-7, B-12, P.1.2, P-1(a), P-5.1 and P-6)
OST-2005-23354 - Shuttle America - Confidential Treatment Under 14 CFR 302.12 (Form 41, Schedules B-1, B-7, B-12, P.1.2, P-1(a), P-5.1 and P-6)
May 16, 2008
Re: Response of Shuttle America and Republic Airlines to Joint Carriers
Contrary to the allegations of the Joint Carriers, neither Republic nor Shuttle are "gaming" the system to obtain any "advantage" over other airlines. Indeed, just the opposite is the case as Republic and Shuttle pointed out in their respective motions and in their Joint Reply filed on May 2, 2008 to the Joint Motion and Answer filed by United and American. Republic and Shuttle are seeking confidentiality to preserve and enhance competition in the fee-for-service sector and to prevent others in that sector (its mainline customers and other fee-for-service carriers) from gaining an unfair competitive advantage.
The Joint Carriers' letter does not address, much less refute, the highly unique circumstances presented by Republic and Shuttle justifying grant of confidentiality, circumstances that were not applicable with respect to Express Jet and are not applicable with respect to Virgin America.
Contrary to the joint letter, because Shuttle and Republic operate under fee-for-service arrangements with a limited number of mainline carriers, Republic and Shuttle do not hold out service to the traveling public in competition with the joint carriers. Shuttle and Republic provide aircraft capacity to their mainline customers (which include Delta, United and US Airways) pursuant to commercial agreements. Under longstanding policy and practice the Department has always maintained confidentiality of those agreements. Republic's and Shuttle's customers are mainline carriers, not the traveling public. The mainline carriers, not Shuttle or Republic, hold out service to the traveling public in competition with the joint carriers. Republic and Shuttle are not seeking to withhold traffic data, but rather are seeking to withhold certain limited fields of cost data the disclosure of which would undermine competition in the fee-for-service sector and impair Republic's and Shuttle's ability to freely and fairly negotiate business arrangements with their mainline customers.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2005-23355 - Motion to Withhold Certain Information from Public Disclosure - Form 41
May 29, 2008
Motion for Confidential Treatment
This is a routine quarterly update of the same competitively‑sensitive commercial and financial information described in the referenced Motion in this docket. Withholding the limited line item data from public disclosure is warranted by the unique circumstances of Republic's fee‑for‑service relationships. Disclosure of the limited line item data for which confidentiality is requested will enable Republic's fee‑for‑service customers and third party competitors to determine per aircraft costs and operating margins and costs, operating margins and profitability on a per codeshare contract basis. Such disclosure would uniquely harm Republic's competitive position in the fee‑for‑service sector and undermine Republic's ability to negotiate at arms length with its mainline codeshare customers.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2007-27199 - Exemption - Denver-Select Mexico Points
OST-2007-27746 - Exemption - Denver/Kansas City-Cancun
OST-2007-28499 - Exemption - Sacramento-San Jose del Cabo; San Jose-San Jose del Cabo; Albuquerque-Puerto Vallarta
OST-2007-28760 - Exemption - Sacramento/San Jose-Puerto Vallarta Codeshare with Frontier
June 23, 2008
All services operated by Republic Airline Inc. pursuant to an Airline Services Agreement with Frontier Airlines, Inc. have terminated. Accordingly, designations held by Republic for the following "Frontier Airlines" U.S.-Mexico routes may be considered dormant and available to other U.S. airlines:
Albuquerque - Puerto Vallarta (Docket OST-2007-28499);
Denver - Cancun (Docket OST-2007-27746);
Denver - Ixtapa/Zihuatanejo (Docket OST-2007-27199);
Denver - Mazatlan (Docket OST-2007-27199);
Denver - Puerto Vallarta (Docket OST-2007-27199);
Denver - San Jose del Cabo (Docket OST-2007-27199);
Kansas City - Cancun (Docket OST-2007-27746);
Sacramento - Puerto Vallarta (Docket OST-2007-28760);
Sacramento - San Jose del Cabo (Docket OST-2007-28499);
San Jose - Puerto Vallarta (Docket OST-2007-28760); and
San Jose - San Jose del Cabo (Docket OST-2007-28499).
Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659
OST-2005-23355 - Motion to Withhold Certain Information from Public Disclosure - Form 41
June 25, 2008
Re: DOT (RITA/BTS) Response to Request for Confidential Treatment
Except for the "Cost" column on Schedule B-7 and four columns of aircraft cost data on Schedule B-43, ("Acquired Cost or Capitalized Value," "Allowance for Depreciation or Amortization," "Depreciated Cost or Amortized Value," and "Estimated Residual Value"), we are denying the requests for confidential treatment of certain line items on Republic's Form 41 financial data submissions to the Department for the period July 1, 2005 through March 31, 2008.
The Department agrees it would be highly unfair, prejudicial to other reporting carriers, and adverse to the public interest to withhold Form 41 financial data when the data submitted by all other carriers are released immediately. Timely release of carrier data is of paramount importance to its usefulness since all carriers rely on the Department's data as the fundamental and least expensive source of industry data. Public disclosure of financial and traffic data enumerated in Part 241 of the Department's regulations is one of the obligations that comes from being a certificated air carrier. We also agree with the opposing carriers that if the Department granted Republic's request, other carriers would also attempt to opt out of the public Form 41 financial data system by requesting confidential treatment of their submissions, and these data would soon become fragmented and of little use to the Department's numerous stakeholders (air carriers, airports, government agencies, manufacturers, industry associations, consultants, academia, researchers, financial analysts, investors, and the general public). The opposing carriers firmly believe that more rather than less transparency will enhance competition, and there is simply no reasonable policy basis or precedent for affording any carrier‑even Republic‑special protection from competition.
Republic has failed to demonstrate how the release of certain line items of its Form 41 financial reports is likely to cause substantial competitive harm and to overcome the public's right to aviation data. Republic's code share arrangement is not unique. In today's aviation industry, all the network carriers have engaged in various marketing partnerships or code-share arrangements with regional carriers in selected and specific markets. In these various code share arrangements, the network carriers and the regional carriers have historically had access to each others Form 41 financial data. The Department is unaware of any of these carriers suffering substantial competitive harm due to the public disclosure of the aviation data. Thus, it is not in the Department's interest to shield any carrier from competition or favor one carrier over another in any of these code share arrangements when the other competitors' data are subject to public release.
By: M. Clay Moritz
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