Home | OST Filings by Number | OST Orders and Notices | OST Filings by Carrier
OST Filings by Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day

OST-00-7188

Midwest Express Airlines, Inc.

Counsel;  Silverberg Goldman, Robert Silverberg, 202.944.3300

Midwest Express Airlines, Inc.; The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Midwest Express has been providing service to Kansas City since 1989. Currently, Midwest Express offers Kansas City nonstop and single plane service to six cities, as well as connecting service to 25 other points. The service Midwest Express offers Kansas City is absolutely essential to the economic well being of the community and allows Kansas City to compete with other communities for economic development opportunities. Kansas City is appreciative of the efforts Midwest Express has extended on our behalf as we recognize that Midwest Express has specialized in providing exceptional service from mid-continent cities to major business centers that other carriers do not choose to offer.

With regard to Washington's National Airport, Midwest Express has requested that DOT exercise its existing authority to retime one of the carrier's existing nighttime slots to make it a 7 a.m. slot. The movement of this slot will, along with other self help measures taken by Midwest Express, permit the carrier to not only offer daily nonstop Kansas City-DCA service, but as well, two new daily one stop single plane flights in the market. This flight schedule will increase the amount of single plane service capacity currently in the Kansas City-DCA market by 78 percent.

Counsel:  Kansas City Aviation, Russell Widmar, 816.243.3100

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

Midwest Express Airlines, Inc. hereby certifies, in accordance with the provisions of 49 U.S.C. § 41716(b), DOT Order 2000-4-10 (issued on April 14, 2000) and FAA Notice dated November 29, 2000 (FAA Docket No. FAA-2000-8278), that, commencing on January 31, 2001, it intends to utilize four (4) daily slot exemptions at New York LaGuardia Airport to operate daily roundtrip flights between LaGuardia, on the one hand, and Kansas City International Airport (MCI) in Kansas City, Missouri and General Mitchell International Airport (MKE) in Milwaukee, Wisconsin, on the other hand.

By lottery held on December 4, 2000, the FAA awarded Midwest Express eight (8) daily slots at LaGuardia. This filing is for four of those slots. The other four slots were assigned by Midwest Express to its code share affiliate carrier, Astral Aviation, Inc. d/b/a Skyway Airlines. Skyway is contemporaneously filing herewith a separate certification for the four slots assigned to it.

As of the date hereof, Midwest Express holds or operates fewer than twenty (20) slots and slot exemptions at LaGuardia inclusive of the eight (8) lottery slots obtained by Midwest Express on December 4, 2000. Four of the eight slots obtained in the lottery have been assigned by Midwest Express to its affiliated code-share carrier, Skyway Airlines.

Counsel;  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com 

Astral Aviation, Inc. d/b/a Skyway Airlines hereby certifies, in accordance with the provisions of 49 U.S.C. § 41716(b), DOT Order 2000-4-10 (issued on April 14, 2000) and FAA Notice dated November 29, 2000 (FAA Docket No. FAA-2000-8278, that, commencing on February 15, 2001, it intends to utilize four (4) daily slot exemptions at New York LaGuardia Airport to operate daily roundtrip flights between LaGuardia and Gerald R . Ford International Airport (GRR) in Grand Rapids, Michigan.

Counsel;  Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

Midwest Express Airlines, Inc.

Since February 15, 2001 Midwest Express has allocated four AIR21 New York LaGuardia slots to Skyway Airlines for nonstop service on the GRR-LGA route (Docket 00-7188). This letter amends the certification of Midwest Express and Skyway, each dated January 3, 2001 to Docket OST-2000-7188.

On June 30, Skyway will discontinue this service, and Midwest Express we redistribute the slots as follows.

For the period July 1, through July 31, 2001 MEP will use these four AIR21 slots as follows:

• 35144 at 1030A, for MKE
• 35145 at 1130D, for MKE
• 35146 at 1530A, for MKE
• 35147 at 1930D, for MKE

Beginning August 1, through the balance of the temporary lottery period, MEP will use the same four AIR21 slots as follows:

• 35144 it 0930A, for MKE
• 35145 at 1030D, for MKE
• 35146 at 1600A, for MKE
• 35147 at 1800D, for MCI

Counsel:  Midwest Express, Christopher Svoboda

Frontier Airlines, Inc.

OST-00-7188 - LaGuardia Slots

October 24, 2003

Application for an Exemption | Word

Frontier Airlines, Inc. hereby requests the Department of Transportation to issue an order granting Frontier a total of two (2) additional slots with which to add to its existing service at New York’s LaGuardia Airport in accordance with 49 U.S.C. Section 41716(b) Frontier serves LGA from Denver International Airport . Section 41716(b) directs the Secretary to grant by Order exemptions from Subparts K and S (the “High Density Airport Rule”) to any new entrant or limited incumbent if the number of slot exemption slots held by the applicant carriers, the total number of slots held does not exceed twenty (20) in number. As of October 24, 2003, Frontier was operating four (4) slots at LGA.

Frontier will utilize the exemption slots to add a third DEN-LGA roundtrip. Frontier has operated at LGA since December 1997. Frontier had operated three (3) daily roundtrips in the LGA-DEN market until June 1999 when it reduced its service to two (2) daily roundtrips. By this request, Frontier would resume the three (3) roundtrip schedule that it previously operated. It would allow Frontier to operate a schedule that would provide passengers with several travel options. Such options are essential to allow a carrier to solidify its presence in a market. Frontier requests approval for the slot request for the third roundtrip to operate effective March 1, 2004. If this request is approved, as of March 1, 2004, Frontier will operate at LGA with six (6) slots, one (1) of which will be in an off peak hour and five (5) of which will be within the slot hours.

Counsel: Ungarreti Harris, Edward Faberman, 202-639-7501, epfaberman@uhlaw.com

OST-00-7188 - Exemption - Denver-LGA Slots

November 7, 2003

Answer of American Airlines

Frontier's application fails to acknowledge that the FAA, in response to a dependability crisis at LGA caused by excessive AIR-21 operations, adopted a regulatory cap on additional service at LGA. See 65 Fed. Reg. 75765, December 4, 2000. That cap remains in place, and was most recently extended to October 31, 2004 by FAA action in 67 Fed. Reg. 65826, October 28, 2003. Further background on the FAA's LGA cap is provided in the attached Denial of Exemption (AirTran Airways) issued by the FAA Chief Counsel on October 3, 2003 (FAA-2003-15925).

Counsel: AA, Carl Nelson, 202-496-5647, carl.nelson@aa.com

OST-00-7188 - Exemption - Denver-LGA Slots

November 10, 2003

Answer of US Airways

Respectfully submits this Answer opposing the Application of Frontier Airlines, Inc. for two newly-created slot exemptions from the high density traffic rules in effect at LaGuardia Airport. As explained by the FAA in its recent denial of a similar petition by AirTran Airways, severe operational limitations at LGA have necessitated the imposition of caps on the number of AIR-21 slot exemptions that can be created at that airport. Those caps remain in effect today. Frontier's application not only ignores this cap, but impermissibly attempts to circumvent FAA procedures to ensure the appropriate allocation of slot exemptions that fall within the cap. Accordingly, Frontier's application should be denied.

By: US Airways, Howard Kass, 703-872-5230

OST-00-7188 - Exemption - Denver-LGA Slots

October 27, 2003

Correspondence of the City and County of Denver

Frontier's proposal clearly meets the objectives of the Aviation Investment and Reform Act for the 21' Century (AIR‑21). An award of the two slots to Frontier would also meet the important statutory objective of supporting new entrant carriers. Frontier is one of the few carriers that has been able to establish a successilil niche in the wake of deregulation. We must do all we can to support carriers like Frontier as they compete against larger, incumbent carriers. In oider to compete successfully, carriers like Frontier must be able to offer flight choices, which are important to all travelers. Frontier has brought important set‑vice options to Denver area and Colorado residents. With its fare structure, Frontier has allowed leisure and business travelers to take important trips.

By: John Hickenlooper

October 27, 2003

Correspondence of Denver International Airport

Frontier's proposal clearly meets the objectives o the Aviation Investment and Reform Act for the 21' Century (AIR‑21). An award of the two slots to Frontier would also meet Denver International Airport's important statutory objective of supporting new entrant carriers. Frontier is one of the few carriers that have been able to establish a successful niche in the wake of deregulation. We must do all we can to support carriers like Frontier as they compete against larger, incumbent carriers. In order to compete successfully, carriers like Frontier must be able to offer flight choices, which are important to all travelers. Frontier has brought important service and fare options to Denver area and Colorado residents.

By: Vicki Braunagel

OST-00-7188 - Exemption - Denver-LGA Slots

November 13, 2003

Response of Frontier to American and US Airways | Word

It is interesting that the same US Airways that claims the government should protect LGA operations, holds approximately 400 LGA slots (American has only approximately 250 LGA slots), recently traded seven LGA slots to American and operates a large number of LGA slots including slots obtained under AIR-21, with regional jet aircraft. Frontier is not asking the Department to allow LGA operations to reach an "unsustainable" level or to add slots. The congestion problem created in 2000 was driven by carriers such as US Airways and American that flooded the airport with hundreds of additional regional jet flights many of which are no longer operated. Since that time, Frontier has reduced its six LGA slots to four.' Frontier now seeks to increase its LGA slot totals back to six (five within 7:00 a.m. and 9:59 p.m.).

Counsel: Ungaretti Harris, Edward Faberman, 202-639-7501, epfaberman@uhlaw.com

November 4, 2003

Correspondence of The Denver Metro Chamber of Commerce

For the Denver area and the entire state of Colorado to continue to experience economic growth, it is essential that Frontier be allowed to expand its service to LaGuardia. Therefore, we ask that you approve Frontier's request for two additional LGA slots so that it can add a third roundtrip in this very important market.

By: Tom Clark

Home | OST Filings by Number | OST Orders and Notices | OST Filings by Carrier
OST Filings by Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day