Order 00-2-26

Midwest Express Corporation, Inc.

We have decided to grant ACAA's petition for reconsideration, but upon reconsideration to affirm our actions in Order 99-11-4.

As a threshold matter, we will address ACAA's contention that the Department should take action to promote new entry at Reagan National. As ACAA of course recognizes, takeoff and landing rights there, as well as at O'Hare, John F. Kennedy, and LaGuardia Airports. are restricted by the high density "slot" rule. Congress subsequently authorized the Department to grant new entrants and certain others exemptions from the slot rule under varying circumstances, 49 U.S.C. 41714. However, the exemption authority established at the other three airports that would allow the cap on IFR operations to be exceeded does not extend to Reagan National. Subsections (a), (b) and (c) of section 41714 specifically state that the Secretary may grant such exemptions "at high density airports (other than Washington National Airport)" (emphasis supplied). Thus, if we read ACAA's argument to be that the Department should use exemption authority to enable new entrants to exceed current operational limits in serving Reagan National, we must respond that it asks us to take an action that we are prohibited from taking under current law.

By:  Bradley Mims

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