Order 98-1-7 - AirTran Airways, Inc. (High Density Rule, Knoxville-Washington National)

Order 98-1-7

AirTran Airways, Inc. (High Density Rule, Knoxville-Washington National)

Order 98-1-7 | OST-97-2873 | Issued and Served January 8, 1998

Order Dismissing Application

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Under 49 U.S.C. § 41714(d)(1) the Department may grant slot exemptions at Washington National Airport to air carriers currently holding or operating Washington National slots if the circumstances are deemed to be exceptional and meet several other conditions. Specifically, such exemptions, among other conditions, may not result in an increase in the total number of slots per day or between 7:00 a.m. and 9:59 p.m. It is clearly the intent of the legislation that our use of the exemption power for Washington National be limited to facilitating slides of existing slots to different times, as we authorized for Midwest Express in Order 94-9-49. Thus, the relief AirTran is seeking, i.e., the authority to use wholly new slots at Washington National is outside the Department's power under 49 U.S.C. § 41714 to grant.

AirTran also requests, in the alternative, that the Department withdraw slots under 14 CFR 93.223 and reallocate slots at Washington National airport to the "affordable carriers" so as to effect the grant of the request for slots. In specifically addressing Washington National operations, the condition noted in 49 U.S.C. §41714(d)(1) requires that any exemptions "shall not result in the withdrawal or reduction of slots operated by an air carrier."

By: Charles Hunnicutt