OST-97-2985
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OST-97-2985
Simmons Airlines, Inc. d/b/a American Eagle (Exemption, High Density Rule Chicago O'Hare)
OST-97-2985 | October 9, 1997
If the Department's award is made prior to the delivery of sufficient regional jet aircraft needed for these new flights, Simmons will institute service to Charleston, Chattanooga, Duluth, Roanoke, and Springfield, using Saab 340B or ATR 42 aircraft presently in its fleet, within 90 days o. receiving authority. Simmons will begin serving the remaining cities, and upgrade turboprop service to jet service, as new aircraft are delivered.
The Department should, under 49 USC 41714, grant 60 exemption slots to enable Simmons Airlines, Inc. d/b/a American Eagle to operate three daily roundtrips between Chicago O'Hare and the nonhub communities of Charleston, West Virginia; Chattanooga, Tennessee; Duluth, Minnesota; Fayetteville, Arkansas; Montgomery, Alabama; New Haven, Connecticut; Roanoke, Virginia; Shreveport, Louisiana; Springfield, Missouri; and Wilkes-Barre/Scranton, Pennsylvania.
Attachment: Schedule
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Simmons Airlines, Inc. d/b/a American Eagle (Exemption, Chicago O'Hare Slots)
OST-97-2985 | October 20, 1997
Simmons Airlines, Inc. d/b/a American Eagle hereby supplements its application of October 9, 1997 with (1) its traffic, revenue, and expense forecast for the first 12 months of service, and (2) its most recent 12-month financial statement.
Twelve Month Results - First Year ORD Markets | Statement of Operations as of 12/96
Counsel: American, Carl Nelson, 202-496-5647
America West Airlines, Inc. / Simmons Airlines, Inc. / American Trans Air, Inc. (Exemptions, High Density Rule at New York LaGuardia and Chicago O'Hare)
OST-97-2970 | OST-97-2985 | OST-97-2984 | October 21, 1997
Answer of Trans World Airlines
The feeding frenzy of airlines enticed by DOT promises of a liberalized approach to the grant of slot exemptions has now escalated dramatically. Three more carriers, including two majors or their affiliates, have now requested a total of 83 new slots at LaGuardia and O'Hare Airports. American (Simmons) makes no pretense that it is a new entrant and proposes to use valuable slots for commuter equipment. America West and American Trans Air (ATA) propose to add service primarily in large markets that are already well served. In considering these applications, the Department must keep in mind the purpose of slot rules -- to limit runway congestion and avoid the imposition of delay costs on airlines and consumers. Grant of these applications would benefit these carriers but impose real economic costs on other airlines and consumers. TWA hereby answers' and requests that the applications be denied.
Counsel: TWA and Richard Fahy, 202-457-4764, rfahy@ibm.net
Simmons Airlines, Inc. d/b/a American Eagle (Exemption from High Density Rule, Chicago O'Hare)
OST-97-2985 | October 24, 1997
Answer of Springfield-Branson Regional Airport
By: SH&E, Robert Dunn, 617-225-2800
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
Letters in Support from Civic Groups - Shreveport Chamber
of Commerce / Chattanooga Metropolitan Airport Authority / City of Chattanooga / Duluth
Area Chamber of Commerce / Roanoke Regional Chamber of Commerce / Kraft Foods / Office of
the Mayor Shreveport / Greater Scranton Chamber of Commerce
Answer of The Fayetteville and North Arkansas Parties
in Support
Answer of The Charleston and West Virginia Parties
in Support
Answer of The Alabama and Montgomery Parties
Supporting the Application
Simmons Airlines, Inc. d/b/a American Eagle (Exemption, High Density Rule, Chicago O'Hare)
OST-97-2985 | November 4, 1997
United, which with its codeshare affiliates holds more slots at O'Hare than any other carrier group, proffers three reasons for opposing Simmons, application. First, United contends that it plans to file its own application at some unspecified future date, and seeks comparative consideration. Second, United wrongly suggests that United and American are equally situated at O'Hare with respect to slots. Finally, United criticizes American for not maintaining service to certain communities with 97-seat Fokker jet aircraft. Before turning to these arguments, we will first show that Simmons' application is fully consistent with order 97-10-16, October 17, 1997, which the Department issued on the same day that United filed its answer.
Counsel: Carl Nelson, 202-496-5647, On behalf of Simmons
Letter in Support from Wilkes Barre/Scranton Intl
Airport
The Wilkes-Barre/Scranton International Airport, a non hub airport, is presently served by US Airways, COMAIR the Delta Connection, US Airways Express and Continental Express. In the past, we have met with American Airlines and United Airlines requesting they provide service to Chicago O'Hare Int'l Airport. Our efforts were unsuccessful because of the restriction on slots at Chicago O'Hare. The Wilkes-Barre/Scranton Market two years ago ranked as the second largest market east of the Mississippi without direct service to Chicago.
By: Barry Centini, Airport Director, 717-346-0672
Simmons Airlines, Inc d/b/a American Eagle (Exemption, High Density Rule, Chicago O'Hare)
OST-97-2985 | November 4, 1997
Motion for Leave to File and Reply of Springfield-Branson
Regional Airport
By: SH&E, Robert Dunn, 617-225-2800
Alabama Parties' Letter in Support
Simmons Airlines, Inc. d/b/a American Eagle (Exemption, Chicago O'Hare)
OST-97-2985 | November 24, 1997
Motion for
Leave to File and Response of United Air Lines
Giving slots to Simmons is giving slots to American, the largest commuter operator at O'Hare. Additionally, American's application to serve ten small Midwest communities must be viewed in the context of the carrier's broken promises of enhanced service to small communities throughout the Midwest.
If American's market planning in 1990 and 1991 was as unreliable as it proved to be with regard to Fargo, Sioux Falls, Duluth, Peoria and Springfield, the Department cannot rely on American's representation here. With an additional commuter 60 slots, however, American would gain even greater flexibility to deploy regional jets in communities that meet the FAA's definition of small or mid-size hubs, while relegating to 36seat turboprops the non-hub communities listed in the instant application.
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
Simmons Airlines, Inc. d/b/a American Eagle (O'Hare Slots)
OST-97-2985 | December 4, 1997
Motion for
Leave to File and Response of Simmons Airlines
In the captioned application, Simmons is seeking exemption slots under 49 USC 41714 to serve nonhub communities from Chicago O'Hare with regional jet aircraft. United -which with its franchised United Express operators holds far more slots at O'Hare than any other carrier group -- opposes Simmons' application because (1) Simmons is a corporate affiliate of American Airlines; (2) American did not maintain certain services it initiated with 100-seat jet aircraft from O'Hare in the early 1990s; and (3) United Express carriers intend to file a competing application. As we show below, none of these arguments provides a compelling basis to deny or defer favorable action on Simmons' request.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
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
Atlantic Coast Airlines / Simmons Airlines, Inc. d/b/a American Eagle (High Density Rule, Chicago O'Hare)
OST-97-3259 | OST-97-2985 | December 17, 1997
Motion of Atlantic
Coast Airlines to Consolidate
In the event that the Department is not in a position to grant in full the applications of ACA and Simmons for O'Hare slots in order to offer service between O'Hare and six common cities, the DOT as a matter of law must consolidate the competing applications as they would be mutually exclusive.
Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300
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
Atlantic Coast Airlines d/b/a United Express / Simmons Airlines, Inc. d/b/a American Eagle (High Density Rule, O'Hare)
OST-97-3259 | OST-97-2985 | December 29, 1997
Answer of Simmons
Airlines in Opposition to Motion to Consolidate
ACA's motion to consolidate should be denied. The Department should consider ACA's application in turn, after the Department has taken action on Simmons' application, consistent with the 120-day statutory deadline mandated by Public Law 10566 and the controlling precedents cited above.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Atlantic Coast Airlines, Inc. / Simmons Airlines, Inc. d/b/a American Eagle (High Density Rule - Chicago O'Hare)
OST-97-3259 | OST-97-2985 | December 31, 1997
Motion for
Leave to File and Reply of Atlantic Coast Airlines to Answer of Simmons
Airlines
Contrary to Simmons' argument, there is no controlling precedent on which to base a denial of ACA's motion to consolidate and the cases relied upon by Simmons are of no avail to it. Moreover, the same arguments employed by Simmons in seeking consolidation with Trans States apply with equal force to ACA's motion to consolidate. Simmons can not have it both ways. Controlling statutory law and the DOT's Rules of Practice clearly favors consolidation of the ACA and Simmons' applications and ACA urges the Department to promptly grant ACA's motion and institute a proceeding to give both applications a comparative hearing by show cause or other appropriate procedures.
Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300
Re: Application of Atlantic Coast - American Intends to Answer January 14, 1998
Counsel: American, Carl Nelson, 202-496-5647
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. / 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
Simmons Airlines, Inc. / Atlantic Coast Airlines, Inc. (High Density Rule, Chicago O'Hare)
OST-97-3259 | OST-97-2985
Letter from Luzerne County in Support of
Atlantic Coast, March 20, 1998
Letter from City of Rogers in of
Simmons/American Eagle, March 20, 1998
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
Simmons Airlines, Inc. d/b/a American Eagle (High Density Rule, Chicago O'Hare)
OST-97-2985 | May 11, 1998
Objections of United Air Lines
United objects for the reasons set forth above to the Department's tentative decision in Order 98-4-21 to award 16 exemption slots to Simmons/American for EAS services at Bloomington, Champaign and La Crosse. United urges that this tentative award not be made final.
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
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
Simmons Airlines, Inc. d/b/a American Eagle (High Density Rule, Chicago O'Hare)
OST-97-2985 | May 21, 1998
United agrees with American Eagle's second objection for the reasons stated in United's own Objections dated May 11, 1998. United does not, however, agree with American Eagle that its tentative slot exemption should be increased. As United stated in its May 11 pleading, United opposes any final award of exemption slots to American Eagle, let alone any increase in that award from 16 to 20 as requested by that carrier, unless the Department also reconsiders the FAA's denial of the exemption requested by United in FAA Regulatory Docket 29009 and, on reconsideration, grants United the exemption slots it requested there. If the Department is prepared on reconsideration to reverse the FAA's denial, United would be prepared to reconsider
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
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 21, 1998
Answer of Atlantic Coast Airlines to
Objections/Petition for Reconsideration of American Eagle
In pressing its position, Eagle ignored the DOT's suggestion that American assist it in enabling Eagle to implement the full three-roundtrip service pattern it proposed. American can and should be expected fill in for any additional slots that Eagle may require rather than unbalance the carefully crafted O'Hare slot awards to the three regional jet carriers. Of the three applicants, only one, American Eagle, is affiliated by ownership with a major carrier and, hence, there is a sound basis for distinguishing among and between ACA and Trans States, on the one hand, and American Eagle, on the other. Under these circumstances, clearly contemplated by the DOT, Eagle's application received "equal consideration" to that given the requests of ACA and Trans States.
Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300
| Order 98-9-24 OST-97-2985 |
Issued and Served September 24, 1998 | Order Granting in Part Petition
for Reconsideration and Deferring Applications for Slot Exemptions at Chicago
O'Hare Airport |
Exemptions from CFR Part 93 |
By this order the Department is amending its action in Order 98-4-21 by increasing from 16 to 18 the number of slot exemptions granted to Simmons Airlines, dlbla American Eagle (American Eagle), at Chicago O'Hare Airport as a means of facilitating the provision of nonstop regional jet services between O'Hare and Duluth, MN, Fayetteville, AR, Montgomery, AL, and Shreveport, LA. Specifically, consistent with the action we took in Order 98-4-21, we are permitting American Eagle to reassign to those markets 18 of the slots it is currently using to perform EAS operations between O'Hare and Bloomington, IL, Champaign, IL, and La Crosse, WI, and, pursuant to our authority under 49 U.S.C. section 41714(a), we will replenish those slots with an equal number of exemptions to assure the continued provision of the Essential Air Service (EAS) operations. Grant of the 18 exemptions is conditioned on their being used solely to provide the specified EAS operations and on American Eagle's implementation of an equal number of scheduled nonstop frequencies with regional jet aircraft between O'Hare and the cities designated above. We will authorize the exemptions for an indefinite period and will thus discontinue the interim (sixmonth) limitation previously imposed on the exemptions in Order 98-4-21. We are deferring action on pending applications for O'Hare slot exemptions by Exec Express II, d/b/a Aspen Mountain Air; the Community of Savannah/Hilton Head; and Atlantic Coast Airlines.
By: Charles Hunnicutt
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