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OST-00-7178

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

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

Continental's application meets each and every one of the statutory criteria for slot exemption awards established by 49 U.S.C. § 41716(b) and Order 2000-4-13. As Continental's original application indicated, Continental holds or operates (or held or operated since December 16, 1985) fewer than 20 slots and slot exemptions at JFK, and Continental will use Stage 3 aircraft for these flights. Moreover, Continental's original application provided the name of the community and airport to be served (Houston Intercontinental), the number of exemptions required (two), the planned effective dates (originally June 14, 2000; now September 7, 2000) and the times requested (1511 arrival, 1620 departure). The total number of exemptions requested, when added to the slots and slot exemptions held by Continental and its codeshare partners at JFK, will not exceed 20. Thus, Continental's exemption is now effective pursuant to Order 2000-4-13, and Continental will coordinate with the Federal Aviation Administration's Slot Administration Office regarding institution of its Houston-JFK flights.

Counsel:  Crowell Moring, Bruce Keiner, 20.624.2500, rbkeiner@cromor.com 

America West Airlines, Inc.

America West was compelled to file its initial application for the slot exemptions it seeks well before the April 5, 2000 enactment of Air 21 due to its inability to continue slot exchanges and leases from other major incumbents and their commuter affiliates at JFK and LGA. Loss of America West's JFK and LGA service would cause substantial harm to the travelling public currently relying on these America West flights, 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. For example, America West's average JFK - Los Angeles fare is 50 percent lower than the two largest carriers in that market.

Counsel:  Baker Hostetler, Joanne Young, 202.861.1532

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

National intends to operate its proposed JFK-Las Vegas service using only the Stage 3-compliant aircraft in National's all-Boeing 757 fleet.  After National receives the two exemptions requested, the carrier will not hold twenty or more slots and slot exemptions at JFK.  Under the codeshare agreement between Lan Chile and Lan Peru, Lan Chile will display Lan Peru's two-letter designator code on Lan Chile's scheduled daily flights between Lima and New York/Los Angeles. These flights are and will continue to be operated with Chilean-registered B767-300 aircraft seating 215 passengers. Lan Chile will conduct all maintenance on these aircraft in accordance with a program that complies with all applicable ICAO requirements, including Pilots and Airmen Annexes 1, 6 (Part 1) and 7. Approval of Lan Chile's request for a statement of authorization would be consistent with the public interest. Through this codeshare, Lan Peru will be permitted to offer its first nonstop service between its homeland and New York and Los Angeles. Codesharing services of this type are specifically authorized by the U.S.-Chile Air Transport Agreement, which permits Chilean carriers to enter into codeshare agreements with third country carriers.

Counsel:  Hogan Hartson, Ronald Brower, 202.637.6546/5762, rpbrower@hhlaw.com

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

Counsel:  Morgan Lewis, Dennis Barnes, 202.467.7060, Barn7060@mib.com

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

Counsel:  Crowell Moring, Lorraine Halloway, 202.624.2538, lhalloway@cromor.com 

New York JFK Slot Exemption

OST-00-7178 - JFK-Dulles

May 19, 2004

Certification of Atlantic Coast Airlines d/b/a Independence Air

On August 4, 2004, Independence Air will be a limited incumbent carrier at JFK, as defined, by virtue of the fact that it no longer will conduct any operations at JFK either as a United Express carrier or a Delta Connection carrier. By virtue of the change in ACA's (Independence Air) status at JFK as of August 4, 2004 the carrier will be a limited  incumbent airline  thereby entitling it to the benefits of the blanket exemption granted by Order 2000-4-13.

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

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