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OST-00-7284

Sun Country Airlines, Inc.

Enable operation of three daily round-trip flights between Chicago O'Hare ("ORD") and Minneapolis/St. Paul, Minnesota ("MSP"). Sun Country seeks six exemption slots at ORD to operate its proposed nonstop point-to-point services using 170-seat Boeing 727-200 aircraft.

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

Sun Country Airlines, Inc.

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

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

Order 2000-5-20 grants exemption from 14 C.F.R. Part 93, Subpart K and S,, to America West Airlines, Inc. (three slot exemption to serve Las Vegas, Nevada), Legend Airlines, Inc. (four slot exemptions, to serve Dallas (Love Field), Texas); Mesa Airlines, Inc.(six slot exemptions, to serve (Columbus, Ohio); National Airlines, Inc. (five slot exemptions, to serve Las Vegas, Nevada); Spirit Airlines, Inc. (six slot exemptions to serve any of the airports in Florida and South Carolina that it proposed, to do allocated based on Spirits assessment of market conditions and system needs) and Sun Country Airlines, Inc. (six slot exemptions, to serve Minneapolis,-St. Paul, Minnesota) to enable these applicants to conduct the operations described in this order at Chicago O'Hare International Airport during the slot -controlled hours of 6:45 a.m. to 9:15 p.m., at times to be determined in consultation between the applicant airlines and the Federal Aviation Administration. the actual times for arriving and departing flights as authorized by that order and to establish the starting date for starting date for implementing the schedules.

By:  Bradley Mims

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

By:  Francisco Sanchez

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

Counsel:  GKMG Consulting, Anita Mosner, 703.312.1446

Since we must now reallocate the two exemptions that Sun Country has returned, and since no other carrier has expressed an interest in them, we will grant Spirit's request for the two unused slot exemptions consistent with its proposed service outlined in Docket 2000-7180 and with the conditions in Order 2000-5-20.  

By:  Francisco Sanchez

America West Airlines, Inc. and Mesa Airlines, Inc./Legend Airlines, Inc./National Airlines, Inc./Sun Country Airlines, Inc. and Spirit Airways, Inc.

We have decided to grant Spirit's request for four O'Hare slot exemptions for nonstop Myrtle Beach service by reassigning the four O'Hare slot exemptions awarded to Legend by Order 2000-5-20. This action will not preclude Legend from reapplying for these four slot exemptions plus additional slot exemptions that the carrier might require. As we noted in Order 2000-5-20, qualified applicants such as Legend may apply for O'Hare slot exemptions under the provisions of 49 U.S.C. § 41714(i).

Moreover, we note that under the terms of 49 U. S.C § 41717(a), effective July 1, 200 1, the period of slot controlled operations at O'Hare will narrow from the current 6:45 a.m.-9:15 p.m. period to a much more limited 2:45 p.m.-8:14 p.m. period and under the provisions of 49 U.S.C § 41715(a)(1), effective July 1, 2002, the High Density Rule (Subparts K and S of Part 93 of Title 14 Code of Federal Regulations pursuant to 49 U.S. C. § 41714 (c)) will no longer be in effect for O'Hare operations. These statutory provisions will make additional O'Hare access available to Legend.

As noted in Order 2000-5-20, Spirit certified in accordance with 14 C. F. R. 302.4(b), that it met the statutory criteria as a new entrant or I imited incumbent; i.e., that it and any affiliates pursuant to § 41717(k) hold or operate (or held or operated since December 16, 1985) fewer than 20 slots and slot exemptions at Chicago's O'Hare airport. In the instant application Spirit reaffirms that it operates only eight slot exemptions and that it will operate Stage 3 compliant aircraft. Nonetheless, to be consistent, we will require that Spirit certify that its proposed operations comply with the requirements outlined in Order 2000-4-15.

We find that grant of Spirit's request would improve competition in the Myrtle Beach- O'Hare market by providing new, lower-fare offerings and by operating additional service in a market with a strong, leisure-fare component. In addition, given the loss of Vanguard's service in the Midway-Myrtle Beach market, we agree that Spirit's proposal would significantly address a potential service shortfall in the overall Chicago-Myrtle Beach market.

By:  Francisco Sanchez

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