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OST-00-6957

America West Airlines, Inc.

To maintain its service at JFK, America West requests three exemption slots and authority to slide the two slots it owns to times that are usable for its flights to Las Vegas and Phoenix. At LaGuardia, America West requests that it be permitted to slide two slots held by Mesa Airlines for America West Express flights to more useable times and be awarded four exemption slots to continue four daily Columbus roundtrip flights with connections to points in the West. As discussed in detail below America West is forced to request these exemptions because the slots it has been able to obtain in the past from other carriers will soon be withdrawn and no slots at reasonable times are available on fair terms to buy or lease. Loss of this service would cause substantial harm to consumers currently flying on America West, through reduced service options and higher fares.

Counsel:  Baker Hostetler, Joanne Young, 202.861.1532

America West Airlines, Inc.

As a matter of public policy, the Department must ensure that all new entrant applicants, as the term is defined in 49 U.S.C. § 41714 (c), applying for slot exemptions comply with the same federal environmental requirements. JetBlue will strongly advocate that all of its new entrant competitors, and indeed all domestic airlines, comply with existing environmental laws when introducing new aircraft at JFK or any other domestic airport, just as JetBlue has been required to do. JetBlue is also concerned with the resolution of how any slots granted to America West, or any other airline applying to operate from JFK, will fit into the FAA’s operational plan. If America West or the Department assumes that because JetBlue will not be immediately using all of its 75 slot exemptions, and therefore those slots are available, JetBlue would want America West and any other carrier proposing to "piggyback" on JetBlue’s Slot Order and EA, to clearly understand that when JetBlue is ready to utilize those slots exemptions as its new aircraft arrive, America West, and others filing for JFK slots, will have to return the JetBlue slot exemptions on demand. Such a scenario will likely cause future operational issues for America West which ought best to be addressed as part of the present proceeding.

Counsel:  Dow Lohnes, Jonathan Hill, 202.776.2000

America West Airlines, Inc.

By:  Office of Queens Boro President, Hugh B. Weinberg, 718.286.2880

America West Airlines, Inc.

JetBlue and the Borough of Queens do not oppose America West's request for slot slides at either JFK or LGA. However, both appear to misconstrue America West's request for exemption slots as a proposal to add new services at JFK and LGA. On the contrary, this application is directed at America West's ability to continue its existing services. As discussed in the application, loss of America West's JFK and LGA service would cause substantial harm to consumers currently flying on America West, through reduced service options and higher fares. America West provides the only competitive service in the substantial LGA-Columbus market, virtually all the non-stop service in the Phoenix - JFK market and much of the competitive service in the chronically underserved JFK - Las Vegas market. Accordingly, America West's request for new entrant slot exemptions amply meets both the public interest and exceptional circumstance requirements of 49 U.S.C. § 41714. However, as noted below under legislation that will likely be enacted this week, Congress has eliminated the "exceptional circumstances" requirement for the grant of slot exemptions.

Counsel: Baker Hostetler, Joanne Young, 202.861.1532

Establishment of Slot Exemptions Proceedings 

By:  Bradley Mims

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