OST-97-2368
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OST-97-2368
Trans States Airlines, Inc. (Exemption, High Density Rule)
OST-97-2368 | May 6, 1997
Application of
Trans States - Resolution of the City of Roanoke
Pursuant to City Council Resolution adopted today, a copy of which is enclosed, the City of Roanoke hereby expresses its full support of the above-referenced application of Trans States Airlines for an exemption to serve Chicago O'Hare International Airport nonstop from Roanoke Regional Airport. As the primary commercial service airport serving a 19county region with a population of more than 700,000, the resumption of nonstop Roanoke to Chicago O'Hare service would mark a welcome return of convenient access to this region's third largest air travel market.
By: David Bowers, Mayor, 540-981-2444
Trans States Airlines, Inc. (Exemption, High Density Rule Chicago O'Hare)
OST-97-2368
Answer of the
Chattanooga Parties in Support (Dated May 6, 1997)
The City of Chattanooga and the Chattanooga Metropolitan Airport Authority (Chattanooga Parties) urge the Department to grant the application of Trans States Airlines, Inc (Trans States) in Docket OST-97-2368. Trans States seeks exemption authority to operate Inter allia four roundtrips in the Chattanooga Chicago O'Hare market. The proposed service would provide substantial benefits to the traveling public while addressing the desire of Congress that the Secretary "make the fullest possible use of existing exemption powers" to increase access to O'Hare for small and medium sized communities.
By: Hugh Davis, President
Answer of the
Roanoke Regional Airport Commission (Dated May 5, 1997)
Roanoke Regional Airport has lost nonstop Chicago O'Hare service twice since airline deregulation began, due in part to the artificial constraints imposed through the slot allocation process at Chicago O'Hare. Piedmont Airlines had a long history of service to Chicago O'Hare from Roanoke' beginning in the 1960s and ending in the early 1980s. United Express carrier Air Wisconsin then followed with nonstop jet service to Chicago O'Hare beginning in March 1988. As a codesharing partner of United Airlines, this service proved popular and was widely supported by the community. Unfortunately, despite its success, this quality service was discontinued in September 1992 following United Airlines' purchase of Air Wisconsin and its valuable O'Hare landing slots.
By: Jacqueline Shuck, Executive Director
Trans States Airlines, Inc. (Exemption from High Density Rule, Chicago O'Hare)
OST-97-2368 | May 8, 1997
Re: Answer of
the Tri-Cities, TN/VA Parties in Support of Application
The Cities of Johnson City, Kingsport, Bristol, Tennessee and Bristol, Virginia, the Counties of Sullivan and Washington and the Tri-Cities Airport Commission (Tri-Cities, TN/VA Parties) urge the Department to grant the application of Trans States Airlines, Inc. (Trans States) in Docket OST-97-2388. Trans States seeks exemption authority to operate inter Blip four roundtrips in the Tri-Cities-Chicago O'Hare market. The proposed service would provide substantial benefits to the traveling public while addressing the desire of Congress that the Secretary "make the fullest possible use of existing exemption powers" to increase access to O'Hare for small and medium sized communities.
By: John Hanlin, Tri-Cities Airport Commission
Trans States Airlines, Inc. (High Density Rule Exemption, Chicago O'Hare)
OST-97-2368 | May 14, 1997
Re: High
Density Rule - Asheville Regional Airport
Chicago has typically been on of Asheville's largest origin-destination markets. Even though Asheville passengers must make time-consuming connections via Atlanta, Charlotte or Cincinnati, the Asheville-Chicago market produced nearly 20,000 localorigin-destination passengers in 1995. Trans States' proposed Chicago service would stimulate increased local passenger traffic to Chicago. At addition, access to United's large Chicago hub would attract considerable numbers of connecting passengers, particularly for much needed international service.
By: James Parker, Airport Director, 704-684-2226
Trans States Airlines, Inc. (High Denisty Rule - O'Hare)
OST-97-2368
Correspondence - Bob Goodlette, House of Representatives;
Nathan Deal, House of Representatives; Van Hilleary, House of Representatives; William
Jenkins, House of Representatives; Zach Wamp, House of Representatives
Correspondence - Hugh Davis, Chattanooga Metropolitan
Airport Authority
Correspondence - Carol Moseley-Brown, Senate
Trans States Airlines, Inc. d/b/a United Express (Exemption, High Density Rule Chicago O'Hare)
OST-97-2368 | October 9, 1997
Motion for
Leave to File Late and Answer of Simmons Airlines d/b/a American Eagle
If the Department must choose between Simmons and Trans States for an award of O'Hare slots, Simmons should be selected, not only because of its clearly superior service proposal, but also in the interest of overall competition at O'Hare.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Simmons Airlines, Inc. d/b/a American Eagle / Trans States Airlines, Inc. / Reno Air, Inc. (Exemption from High Density Rule, Chicago O'Hare)
Order 97-10-16 | OST-95-368 | OST-97-2368 | OST-97-2771 | Issued and Served October 24, 1997
Order Granting and Denying Applications for Slot Exemptions at
Chicago O'Hare Airport
After considering the applications for exemptions from 14 CFR Part 93, Subparts K and S. for slots at Chicago's O'Hare Airport filed by Reno Air, Trans States, and Simmons, the Department has decided to grant two additional slot exemptions to Reno Air for service in the Reno, NV-O'Hare market; and eight slot exemptions to Trans States Airlines ("Traps States") on an experimental basis. We find that granting these slot exemptions is in the public interest and meets the statutory "exceptional circumstances" test. Grant of the exemptions is conditioned on their being used solely for the markets designated in the carriers' applications. The Department has also decided to deny the application of Simmons Airlines d/b/a American Eagle ("Simmons") for six slot exemptions to serve the London, Ontario-Chicago O'Hare market, and the balance of Trans States' application for an additional 24 Chicago O'Hare slot exemptions, for the reasons set out below
By: Charles Hunnicutt
Trans States Airlines, Inc. (Exemption from High Density Rule, Chicago O'Hare)
OST-97-2368 | October 24, 1997
Motion for Leave to File an Reply of Trans States
Airlines to Answer of Simmons Airlines
Counsel: RFW Assoc., Robert Wigmore, 314-532-9487
Simmons Airlines d/b/a American Eagle / Trans States Airlines, Inc. / Reno Air, Inc. (High Density Rule, Chicago O'Hare)
OST-95-368 | OST-97-2368 | OST-97-2771 | November 13, 1997
Petition of American Airlines and American
Eagle for Reconsideration of Order 97-10-16
It is particularly astonishing for the Department to have seemingly embraced United's opportunistic and self-serving position on "corporate affiliates" in the same order in which United Express received eight of the 10 slots that were awarded. Indeed, in Order 97-10-16, the Department demonstrated that it will award O'Hare exemption slots to non-incumbent carriers such as Reno Air, as well as to carriers operating as part of the United group such as Great Lakes Airlines d/b/a United Express. The Department therefore appears to be suggesting that there is only one carrier category that it will not favorably consider -- "American and its corporate affiliates." The only other "airline group with large slot holdings" at O'Hare is the United group, which has received 56 O'Hare exemption slots from the Department in the Cast three years. Excluding only American and its affiliates from obtaining O'Hare exemption slots under 49 USC 41714 has no basis in law, and would be arbitrary, capricious, and an abuse of discretion.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Petition of United Air Lines for
Reconsideration
The Department's new criteria ignore O'Hare's unique role as an international airport, and the need to preserve capacity there to permit growth in international services. The criteria also ignore O'Hare's critical role as a primary link for small communities to the nation's air transportation system. Instead, the new criteria are clearly designed to favor new entrants that intend to use Chicago as a spoke from their own hubs, or in point-to-point domestic operations, over these other uses, even though new entrants can always serve Midway.
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
Trans States Airlines, Inc. (High Density Rule, Chicago O'Hare)
OST-97-2368 | November 13, 1997
Petition of Trans States for Reconsideration
of Order 97-10-16
Trans States seeks modification of Order 97-10-16 so as to permit it to operate three daily Canadair RJ ("CRJ'') nonstop round trips on each of three routes between Chicago's O'Hare Airport and Chattanooga, Roanoke and the Tri-Cities. This regional jet schedule is set forth in Appendix A hereto and requires an additional ten O'Hare exemption slots (five departures and five arrivals) in slot-controlled hours for a total of 18 slots.
By: Trans States
Simmons Airlines, Inc. d/b/a American Eagle / Trans States Airlines, Inc. / Reno Air, Inc. (Exemptions, High Density Rule, O'Hare)
OST-95-368 | OST-97-2368 | OST-97-2771 | November 24, 1997
There is good cause to allow American to amend its petition, and to ask that the award of exemption slots to Trans States by Order 97-10-16 be vacated. As American explains in its answer to Trans States' petition, submitted today in OST-97-2368 and incorporated herein by reference, it would be an affront to orderly administrative procedures, and to the due process rights of interested parties, for the Department to permit an applicant to present a new service proposal on reconsideration. The Department should vacate the award of exemption slots to Trans States, as the evidentiary basis for that decision no longer exists. We are not aware of any precedent where the Department has permitted an applicant to present a new proposal in a petition for reconsideration, and yet to retain the award made by the initial order.
Counsel: American, Carl Nelson, 202-496-5647
United has requested that the Department should defer acting on American's pending application in Docket OST 97-2985 until United Express carriers have had an opportunity to file competing applications to provide 50-seat regional jet service to a comparable list of small communities. Last week, United's pilots completed the process to ratify a new contract that will enable these applications to move forward. Deferring action on American's application until the Department has alternative proposals before it will enable the Department to ensure that service to these small local communities will be operated in a manner that best serves the public interest.
Counsel: United and Ginsburg Feldman, Joel Burton
Trans States Airlines, Inc. - (Exemption from High Density Rule)
OST-97-2368 | November 21, 1997
In its petition, Trans States has abandoned its service proposal -- on which the Department based the award of eight Chicago O'Hare exemption slots -- and has made a new proposal, with different schedules, different equipment, different traffic forecasts, and different financial results. In these circumstances, the Department should not only deny Trans States' request for 10 additional O'Hare slots, but should immediately vacate the award of the eight slots made by Order 97-10-16. We are not aware of any precedent where the Department has permitted an applicant to present a new service proposal in a petition for reconsideration, and yet to retain the award made by the initial order.
Attachment 1: Fort Wayne to Chicago Schedule from OAG
Counsel: American, Carl Nelson, 202-496-5647
Answer of The Chatanooga Parties in Support of
Petition for Reconsideration of Order 97-10-16
The Chattanooga Parties are deeply concerned that the award of only eight slots to Trans States is a half measure that does not adequately address its or the other cities air service problems. Trans States arguments for ten additional exemption slots to provide well-timed service to three cities, insure economies of scale and create marketing mass are persuasive. The carrier's commitment to provide jet service eliminates the Department's concerns regarding the viability of propjetservice in the subject markets. Furthermore, the jet commitment renders the two-year limitation on Trans States authority not only unnecessary but financially burdensome. For the foregoing reasons, Trans States Petition for Reconsideration of Order 97-10-16 should be granted in its entirety.
By: Hugh Davis, President, Chatanooga Metropolitan Airport Authority
Re: Petition for Reconsideration of Order 97-10-16 -
Comments of Roanoke Regional Airport In Support
The introduction of regional jets in our air transportation system will continue to create myriad opportunities for enhanced air service at smaller cities like Roanoke. Routes such as that proposed by Trans States are ideal when served by regional jets which, by design, provide a custom fit in terms of meeting the local needs of a smaller market.
By: Jacqueline Shuck, Executive Director of Roanoke Regional Airport, 540.362.1999
When all is said, there is no reason why a final action on Trans States scaled down request for 18 O'Hare exemption slots should await the Department's consideration and decision on the narrow question raised by the American petition for reconsideration. The Department correctly decided to defer for later consideration Simmons' O'Hare slot exemption application in Docket oST-97-29857 and American has not challenged that ruling. In these circumstances, the Department should move expeditiously and grant Trans States the authority it needs to implement its 1 8-slot regional jet service proposal.
Counsel: Trans States, Hulas Kanodia, 314-895-8700
Answer of Tri-Cities
Airport Commission
The just-completed Air Service Analysis for the Tri-Cities concludes that non-stop service to and from Chicago is our primary market opportunity for enhanced domestic and international service, and that it would be profitable for a regional air carrier. Trans States' Petition for Reconsideration also indicates that three daily round-trip flights between Chicago and Tri-Cities Regional Airport would show a profit of over $530,000 in the first year of operation.. This would seem to provide an excellent opportunity for both the airline and the traveling public, and simultaneously fulfill the Congressional mandate directing "the Secretary to make the fullest possible use of existing exemption powers....to improve service to nonhub airports where significant improvements can be achieved.
By: Dr. Frank Anderson, Chairman
Simmons Airlines, Inc. d/b/a American Eagle / Trans States Airlines, Inc. / Reno Air, Inc. (O'Hare Slots)
OST-95-368 | OST-97-2368 | OST-97-2771 | December 4, 1997
Motion for
Leave to File and Response of American Airlnes and American Eagle
HTML -
Attachment
United's answer essentially repeats the arguments that United made in its motion and response, also filed on November 24, 1997, to the application by Simmons Airlines, Inc. d/b/a American Eagle for O'Hare exemption slots under 49 USC 41714 (OST-97-2985). Simmons has responded to United's arguments in its motion and response of December 4, 1997, which is attached hereto and incorporated by reference. For the reasons stated therein, the Department should reject United's position that Simmons, as a corporate affiliate of American, should not receive exemption slots. To the contrary, Simmons (and other American Eagle carriers) should be considered on an equal footing with United Express carriers such as Trans States Airlines, Great Lakes Airlines, and Air Wisconsin with respect to exemption slots at O'Hare and other high density airports.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Trans States Airlines, Inc. (Exemption, High Density Rule, Chicago O'Hare)
OST-97-2368 | December 4, 1997
Motion for
Leave to File and Consolidated Response of Trans States Airlines
It also needs to be noted that American's application is by no means comparable in scope to the one filed by Trans States. As a practical matter, the two applications are not susceptible to a meaningful, comparative evaluation. American is requesting 60 exemption slots in order to serve ten cities in ten states located throughout the eastern half of the United States. In contrast, Trans States' proposal involves new service to only three nonhub cities concentrated in the Southeast/Appalachian region of the country where air service has deteriorated in recent years. In fact, the two applications overlap at only two points -Chattanooga and Roanoke, and even without the additional slots it requests on reconsideration, Trans States is today authorized to commence regional jet service at either or both of those points and in any combination of flights up to a total of four round trips. It is, therefore, American's long delay in filing its application, which is in the queue for later evaluation and action by the Department, and not anything done in this case that might diminish American's chances for additional slots at O'Hare.
By: Hulas Kanodia, 314-895-8700
Trans States Airlines, Inc. / Simmons Airlines, Inc. d/b/a American Eagle
Order 97-12-9 | OST-97-2368 | OST-97-2985 | Issued December 5, 1997 | Served December 11, 1997
Order Requiring Supplemental Information
In order to be able to perform a more complete evaluation of the potential benefits of the applicants' proposals, we are requesting each of the applicants to provide within ten (10) business days of the issue date of this order the following additional information, for each regional jet aircraft it contemplates using under its slot exemption proposal: (1) the category of aircraft order, i.e., whether firm or on option; (2) the scheduled delivery date of each such aircraft and whether that date is definite or yet to be determined; (3) the city-pairs to be served with each delivered aircraft; and (4) the proposed date for the start of service in those citypairs. This information is to be provided only for the aircraft to be used for the slot exemption services proposed by the applicants.
By: Charles Hunnicutt
Simmons Airlines, Inc. d/b/a American Eagle / Trans States Airlines, Inc.
OST-97-2985 | OST-97-2368 | December 19, 1997
Response of Simmons Airlines d/b/a American Eagle
to Order 97-12-9
In its application submitted on October 9, 1997, Simmons also proposed regional jet service between Chicago O'Hare and New Haven. The feasibility of operating jet aircraft at the New Haven airport is currently under review. Pending completion of that review, Simmons is not proposing a start-up date for New Haven.
Counsel: Carl Nelson, Jr. for Simmons, 202.496.5647
Trans States Airlines, Inc. (Exemption, High Density Rule, Chicago O'Hare)
OST-97-2368 | December 19, 1997
By Order 97-12-9, issued in the above-referenced proceeding on December 5, 1997, Trans States Airlines, Inc. ("Traps States") is directed to provide certain supplemental information regarding its regional jet aircraft orders, the scheduled aircraft delivery dates, the city pairs to be served and the scheduled service commencement dates. That information is submitted herewith in the enclosed Response.
HTMLBy: Trans States, Hulas Kanodia, 314-895-8700
Simmons Airlines, Inc. d/b/a American Eagle / Trans States Airlines, Inc. / Reno Air, Inc. / Atlantic Coast Airlines / Great Lakes Aviation, Inc. d/b/a United Express (High Density Rule, Chicago O'Hare)
OST-95-368 | OST-97-2368 | OST-97-2771 | OST-97-3259 | OST-97-3153 | December 30, 1997
Motion for
Leave to File and Comments of Comair
At the outset, two aspects of these O'Hare slot requests have become quite clear. First, except for Reno Air (which has had a close relationship with American), all the applicants are controlled by either American or United in terms of O'Hare operation (none is really a new entrant) and the requests simply constitute a battle between the two carriers which dominate the hub and an effort by both carriers to expand that hubs dominance in the nations Second, the enormous requests for slot allocations and the likelihood of an almost endless stream of subsequent requests make it apparent that an ad hoc market by market approach to the problem will not work. Instead, the Department needs to step back, look at the entire picture and make a determination based on solid facts and nationwide impact.
Counsel: Steptoe Johnson, Richard Taylor, 202-429-6459
Simmons Airlines, Inc. d/b/a American Eagle, et al.
OST-95-368 | OST-97-2368 | OST-97-2771 | OST-97-3259 | OST-97-3153 | January 6, 1998
Re:
Corrections to Comments filed by Comair
Comair, Inc. respectfully requests that two corrections be made to the Comments filed by it herein on December 30, 1997. The first correction is to change the word "sold" to "solid" on page 2, line 6 from the bottom. The second correction is to change "80" to "25". on page 3, line 9 from the bottom. Corrected pages 2 and 3 are attached hereto and have been served on all parties.
Counsel: Steptoe Johnson, Richard Taylor, 202-429-3000
Simmons Airlines, Inc. d/b/a American Eagle / Trans States Airlines, Inc. d/b/a United Express / Reno Air, Inc. / Atlantic Coast Airlines d/b/a United Express / Great Lakes Aviation Ltd. d/b/a United Express (High Density Rule, Chicago O'Hare)
OST-97-2985 | OST-97-2368 | OST-97-2771 | OST-97-3259 | OST-97-3153 | January 9, 1998
Motion for
Leave to File and Response of American Airlines and American Eagle to
Comments of Comair
Comair and Delta, and their hub services at Cincinnati, have no special claim to protection from competition. Indeed, American and American Eagle are at a decided competitive disadvantage at O'Hare in competing with nearby hubs, such as Cincinnati, for national traffic flows because O'Hare is the only slot-controlled hub airport in the United States. The additional slots that the Department has been asked to make available at O'Hare cannot begin to redress the overwhelming advantage enjoyed by Delta and Comair in operating at an unconstrained airport.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Motion for
Leave to File and Reply of Atlantic Coast Airlines to Comments of Comair
Comair's arguments for rejecting the current O'Hare slot exemption applications lack both merit and substance. To credit Comair's position would be tantamount to reverting to the policies embodied in the pre-deregulation Federal Aviation Act. Moreover, Comair is asking the Department to ignore the Congressional directive to expand service opportunities between non-hub cities and O'Hare. Finally, Comair has mischaracterized ACA's motives for seeking O'Hare slots. Accordingly, the DOT must reject the selfserving and protectionist arguments of Comair and promptly proceed to decide the issues raised by the competing slot applications of ACA and Simmons.
Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300
Trans States Airlines, Inc. (High Density Rule, Chicago O'Hare)
OST-97-2368 | March 5, 1998
Trans States agreement with the Embraer Aircraft Corporation has been modified to include 9 firm aircraft in Group I and 18 aircraft in Group II. Embraer has offered two additional aircraft in 1998 raising the 1998 deliveries from two to four. This means the first three aircraft which are required for implentation of Trans States Chicago O'Hare-Chatanooga, Roanoke and Tri-Cities nonstop services are scheduled for delivery in April, June, and August 1998.
The major impact of this change is that the Phase III schedule will be implemented in September 1998 instead of March 1999.
By: Hulas Kanodia, President, 314-895-8700
Trans States Airlines, Inc. / Simmons Airlines, Inc. (High Density Rule, O'Hare)
OST-97-2985 | OST-97-2368 | February 25, 1998
Re: Roanoke County Board of Supervisors
Support for American Eagle Service
With a strong, local demand for nonstop Chicago service combined with considerable connecting passenger potential, there is little doubt that American eagle's service as proposed could be economically viable and instantly popular. The type of aircraft proposed for the route, a 50-seat regional jet, would represent a perfect fit by satisfying passenger preference for jet service while matching seating capacity to market demand. Moreover, the return of an American Airlines' presence to Roanoke Regional Airport would increase the number of major airlines represented at Roanoke Regional Airport to five, thereby enhancing airline competition as was intended by the slot-exemption process.
By: Bob Johnson, Chairman
Applications of TRANS STATES AIRLINES, INC. / AMERICA WEST AIRLINES, INC. / SIMMONS AIRLINES, INC. d/b/a AMERICAN EAGLE / ATLANTIC COAST AIRLINES, INC.
Order 98-4-21 | OST-97-3259 | OST-97-2368 | OST-97-2985 | OST-97-2970 | Issued and Served April 21, 1998
After considering applications for exemptions from 14 CFR Part 93, Subparts K and S for slots at Chicago O’Hare Airport filed by America West Airlines, Atlantic Coast Airlines, Simmons Airlines and Trans States Airlines, the Department has decided to grant five slot exemptions to America West for nonstop service between O’Hare and Phoenix, AZ; 16 slot exemptions to Atlantic Coast for nonstop service between O’Hare-and Charleston, WV, Springfield, MO, and Wilkes-Barre, PA; and 16 slot exemptions to Trans States for nonstop service between O’Hare and Chattanooga, TN, Roanoke, VA, and Tri-Cities, TN. Grant of the exemptions to Atlantic Coast and Trans States is conditioned on their being used solely for the markets designated in the carriers’ applications, with regional jet aircraft. We have also decided to grant, on an interim (six-month) basis, 16 slot exemptions to Simmons for specified Essential Air Service (EAS) operations, to replace slots that we are permitting Simmons, by this order, to use to implement nonstop regional jet services between O’Hare and Duluth, MN, Fayetteville, AR, Montgomery, AL, and Shreveport, LA. Grant of these exemptions to Simmons is conditioned on their being used solely to provide the specified EAS operations and on Simmons’ implementation of an equal-number of scheduled nonstop frequencies with regional jet aircraft between O’Hare and the cities designated above.
We will also direct interested parties to show cause why we should not extend the foregoing exemptions to Simmons on a permanent basis. Our action here supersedes our decision in Order 97-10-16 to the extent that that order granted Trans States eight slot exemptions to serve certain O’Hare markets on a two-year, experimental basis. We will deny the remainder of ACA’s, Simmons’ and Trans States’ applications to the extent that they contemplate service in other markets or a higher number of slot exemptions.
By: Charles Hunnicutt
Trans States Airlines, Inc. / America West Airlines, Inc. / Simmons Airlines, Inc. / Atlantic Coast Airlines, Inc. (High Density Rule, Chicago O'Hare)
OST-97-2368 | OST-97-2970 | OST-97-2985 | OST-97-3259 | May 11, 1998
Not only did United Express receive two-thirds of the small community slots the Department awarded, but each United Express carrier is required to serve only three cities, while American Eagle must spread the same number of slots over four cities. As a scheduling matter, this means that Trans States d/b/a United Express can offer three daily roundtrips to two of its three cities; Atlantic Coast d/b/a United Express can also offer three daily roundtrips to two cities; but American Eagle would be limited to two daily roundtrips to each of the four cities it was awarded.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Trans States Airlines, Inc. / America West Airlines, Inc. / Simmons Airlines, Inc. d/b/a American Eagle / Atlantic Coast Airlines, Inc. (High Density Rule, Chicago O'Hare)
OST-97-2368 | OST-97-2970 | OST-97-2985 | OST-97-3259 | May 20, 1998
United's paper is a pastiche of grievances involving such unrelated matters as the Department's treatment of Air Wisconsin d/b/a United Express in a proceeding about EAS service, and the FAA's decision of March 26, 1998 (FAA Docket 29009) denying United's petition for the return of international slots at O'Hare that had been withdrawn from United prior to 1993 (63 Fed. Reg. 19283, April 17, 1998). There is no logical connection between the FAA's decision in March regarding international slots, and the Department's decision here to improve domestic service to small communities as mandated by Congress. The Department should reject the tortured linkage that United is attempting to create between these wholly unrelated proceedings.
Attachment: Employees Ask Why Pilots are the Only Group Ratifying the United-Delta Alliance, from NewsReal, 5/4/98
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Trans States Airlines, Inc., Atlantic Coast Airlines, and Air Wisconsin Airlines Corp.
| OST-97-2368 OST-97-3259 |
December 17, 1999 | Re: To Rodney Slater- Request of Atlantic Coast Airlines and Air Wisconsin for Preserving Service | Non-Stop Service Chicago, O'Hare- Roanoke, Virginia and Tri-Cities, Tennessee |
We are writing to you to seek your assistance in preserving non-stop service between Chicago O'Hare International Airport and the communities of Roanoke, Virginia and Tri-Cities, Tennessee. Both of these cities gained nonstop service pursuant to the terms of Orders 97-10-16 and 98-4-21 which granted Trans States Airlines, operating as United Express, 16 O'Hare slots with which to provide this nonstop service to Roanoke and Tri-Cities in addition to providing Chattanooga-O' Hare service. Recently, Trans States Airlines and United Airlines have mutually agreed to terminate their code share relationship. As a result, Trans States will redeploy its aircraft in other non Chicago markets after February 8, 2000.
Counsel: Trans States, 314.895.8700, ACA, 703.925.6000, and Air Wisconsin, 920.739.5123
American Eagle Airlines, Inc. Atlantic Coast Airlines, and Air Wisconsin
| OST-97-2368 OST-99-6686 Order 98-4-21 |
December 21, 1999 | Notice | Chattanooga- O'Hare |
On December 17, 1999, letters, which the Department is treating as applications, were
submitted in these dockets by Chattanooga/American Eagle Airlines, and jointly by Atlantic
Coast Airlines, Air Wisconsin, and TransStates Airlines, seeking the reallocation of
certain Chicago O'Hare slot exemptions that were previously allocated in Order 98-4-21 to
TransStates to serve Chattanooga, TN, Roanoke, VA, and Tri Cities, TN/VA. Under these
proposals, TransStates' services would be replaced by American Eagle at Chattanooga, by
Atlantic Coast at Roanoke, and by Air Wisconsin at Tri-Cities. In all cases the applicants
seek to be enabled to maintain the same frequencies and departure and arrival times
currently operated by TransStates to the extent possible.
In previously making the allocations to TransStates, the Department noted that the
communities' lack of nonstop service to O'Hare was an exceptional circumstance justifying
the grant of slot exemptions to the carrier under 49 U.S.C. 41714. TransStates has
indicated that it will redeploy the aircraft that serve these three points after February
8, 2000. Atlantic Coast and Air Wisconsin have requested that approval be given to their
transfer requests by December 22,1999, in order to ensure that service to Roanoke and
Tri-Cities can be continued without interruption, since it will take some time to arrange
for new crew and aircraft schedules. The Chattanooga/American Eagle letter requested that
DOT exercise its authority on the matter "as expeditiously as possible" to
ensure continued service to Chattanooga.
Under our Rules of Practice, the Department in its discretion may set appropriate time
periods for responsive pleadings, see 14 C.F.R. Part 302.18(c). The requests for
expedition in this matter are considered well-founded. Answers to the Applications are due
December 22, 1999; should there be answers, replies shall be due December 23, 1999.
By: Bradley Mims
| Order 00-1-3 OST-97-2368 OST-99-6686 |
Issued January 4, 2000 Served January 7, 2000 |
Order | Chattanooga- O'Hare |
We will reallocate five of the 16 O'Hare slot exemptions previously granted to.Trans States to American Eagle for service at Chattanooga, six to Air Wisconsin for service at Tri-Cities, and five to ACA for service at Roanoke. By reallocating the slot exemptions in this fashion, we are enabling the replacement carriers to maintain the same frequencies and comparable departure and arrival times that are currently operated by Trans States with little or no hiatus in service.
We affirm the findings we made in Order 98-4-21 that important transportation benefits would be realized by the grant of slot exemptions for direct service between O'Hare and the three designated communities. Trans States' planned cessation of service in the subject markets does not reflect a lack of traffic response. Rather, it is prompted by the decision reached mutually between Trans States and United to discontinue their codesharing relationship, which will necessitate a redeployment of Trans States' aircraft fleet. The proposed replacement operations by ACA at Roanoke, Air Wisconsin at TriCities, and American Eagle at Chattanooga are enthusiastically endorsed by all of the civic parties, and we are satisfied that those carriers' proposals are operationally and financially viable. In addition, we note that no answers were filed in opposition to the proposed reallocation of the exemptions.
By: Bradley Mims
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