OST-97-2873
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OST-97-2873
AirTran Airways, Inc. (Exemption and Slot Restrictions, Knoxville-Washington National)
OST-97-2873 | September 2, 1997
AirTran Airways, a New Entrant Air Carrier within the meaning of 49 USC 41714, does not hold any Washington National airport (DCA) slots and has not sold or given up any such slots after December 16, 1985. The company desires to provide its non-stop, affordable air fare service between Knoxville, Tennessee (TYS) and DCA but is blocked by the major carrier's control of slots previously given to them by DOT at DCA. Accordingly, AirTran respectfully submits this application seeking an exemption in the public interest from the high density airport slot limitations at DCA; or Requests the Secretary to withdraw slots from incumbents pursuant to 14 CFR 93.223 and re-allocate them to affordable fare carriers so as to allow AirTran to provide two daily round-trips between Washington National Airport and Knoxville, TN.
AirTran proposes to offer two daily nonstop trips between Knoxville and Washington National. Service would be offered with 126-seat Boeing 737-200 aircraft. Unrestricted fares offered will be up to 50% below those currently available in the market.
Counsel: Lawrence Brinker
Spirit Airlines, Inc. / AirTran Airways, Inc. / Pan American World Airways, Inc. and Carnival Air Lines, Inc. (Exemption, LaGuardia and JFK Slots)
OST-97-2870 | OST-97-2873 | OST-97-2885
Consolidated
Answer of Delta Air Lines
The flood of new entrant slot exemption requests over the past several months fully validates the concern raised by a number of parties that if the exceptional circumstances criterion are relaxed, the flood gates will be open for any carrier claiming an interest in serving a high-density airport-pair. The resulting exemptions would quickly swallow the rule.
With the prospect of free slots for the asking, it appears that the applicant carriers have largely disregarded the Department's buy-sell rule. Any carrier seeking to add service at one of the high density airports including existing carriers must anticipate and assume the cost of acquiring slots. The Department should not embark on a policy of slot subsidies for new entrants, simply because they are unwilling to pay the cost of acquiring slots.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Answer
of Trans World Airlines
Three more undercapitalized new entrant carriers have jumped on the free slot bandwagon. One applicant proposes to operate in a major short haul market that already has almost 100 daily round trips; another proposes service to a secondary airport only one hour's drive from one of the busiest airports in the country; and the third would fly in a market already well served by commuter carrier flights of major airline affiliates. However, none have come close to meeting the public interest requirements of 49 U.S.C. §41714, which governs these proposed exemptions from the slot regulations. They do not make even a passing attempt to comply with the requirements of the statute, and one fails entirely to mention the statutory provisions. TWA hereby answers and respectfully requests that the applications be denied.
Counsel: TWA and Richard Fahy, 202-457-4764, rfahy@ibm.net
AirTran Airways, Inc. (Exemption, Knoxville-Washington National)
OST-97-2873 | September 17, 1997
The Department does not have the authority to grant AirTran's request. AirTran seeks an exemption from the slot limitations at DCA, which since 1986 have been prescribed by federal statute. Congress has expressly forbidden DOT from issuing exemptions to new entrants at National, an airport where congestion and noise is a special federal concern. AirTran requests, in the alternative, that the Department withdraw slots from incumbents at DCA and reallocate them to AirTran under Rule 93.223, but that rule does not apply here. Nor could the request be granted under any other regulation because Congress has expressed its intent that DOT not take slots from incumbent carriers at DCA.
Counsel: US Airways and Zuckert Scoutt, Richard Mathias, 202-298-8660
AirTran Airways, Inc. (Exemption, Knoxville-Washington DCA)
OST-97-2873 | October 6, 1997
Answer
of Metropolitan Washington Airports Authority
The Airports Authority is opposed to the grant of an exemption as requested by AirTran because there is no legal basis to grant the exemption sought. The law could not be more clear. The provisions in Title 49 permitting the Secretary to grant exemptions to the high density rule slot limitations for new entrant air carriers, 49 U.S.C. § 41714, are not applicable at Washington National Airport. The Airports Authority at this time takes no position on the legality of the AirTran request for a reallocation of slots, as opposed to an exemption to create new slots. The Authority favors an aggressive use or lose policy by the Department. Slots not being used as defined in the regulation, 14 C.F.R. 93.227, should be reallocated. The Authority urges caution with regard to the reallocation of slots that are being used as defined in the regulation in order to foster different uses. The Airports Authority's concern is that the debate over the availability of service within the context of the slot rule will inevitably lead to a debate over the number of slots and then again over the very existence of slots. We strongly urge the Department to consider the stability achieved at National Airport by the Department's 1981 Policy and the transfer of the airports when it is considering a request for reallocation of slots under the high density rule.
Counsel: MWAA, Edward Faggen, 703-417-8615
AirTran Airways, Inc. (High Density Rule, Knoxville-Washington National)
Order 98-1-7 | OST-97-2873 | Issued and Served January 8, 1998
Under 49 U.S.C. § 41714(d)(1) the Department may grant slot exemptions at Washington National Airport to air carriers currently holding or operating Washington National slots if the circumstances are deemed to be exceptional and meet several other conditions. Specifically, such exemptions, among other conditions, may not result in an increase in the total number of slots per day or between 7:00 a.m. and 9:59 p.m. It is clearly the intent of the legislation that our use of the exemption power for Washington National be limited to facilitating slides of existing slots to different times, as we authorized for Midwest Express in Order 94-9-49. Thus, the relief AirTran is seeking, i.e., the authority to use wholly new slots at Washington National is outside the Department's power under 49 U.S.C. § 41714 to grant.
AirTran also requests, in the alternative, that the Department withdraw slots under 14 CFR 93.223 and reallocate slots at Washington National airport to the "affordable carriers" so as to effect the grant of the request for slots. In specifically addressing Washington National operations, the condition noted in 49 U.S.C. §41714(d)(1) requires that any exemptions "shall not result in the withdrawal or reduction of slots operated by an air carrier."
By: Charles Hunnicutt
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