ost984499

OST-98-4499

Accessair Holdings, Inc.

OST-98-4499	September 24, 1998	Application for an Exemption	Non-Stop Service Between New York LaGuardia-Des Moines, Iowa/Moline-Quad Cities, Illinois; LGA-Des Moines, Iowa/Peoria, Illinois
		Exhibit 1: LaGuardia Slots Requested Service List

For some time, AccessAir has been seeking take-off and landing rights ("slots") for three operations daily at New York's LaGuardia Airport. The Department's High Density Rule, 14 C.F.R. Part 93, Subparts K and S ("HDR"), limits the number of slots available at LaGuardia. Given the important public benefits that will clearly result from AccessAir's planned service to and from New York, discussed below, and the exceptional circumstances that now compromise the availability of quality air service to and from the Midwest communities AccessAir proposes to serve, AccessAir earlier applied to the Secretary of Transportation, pursuant to 49 U.S.C. § 41714(c), for an exemption from the HDR to facilitate thrice-daily Des Moines-LaGuardia service via Peoria and Moline/Quad Cities. Other carriers filed competing applications, however, and the Department, determined to limit the number of exemption slots granted at LaGuardia, while granting other applications, denied AccessAir's.

Answers are due by October 8, 1998.

Counsel: Wilmer Cutler, Jeffrey Shane, 202.663.6000

AccessAir Holdings

OST-98-4499	October 16, 1998	Motion of The Office of The Queens Borough President, City of New York to File a Late Answer	High Density Rule, New York LaGuardia
		Answer of The Office of The Queens Borough President		HTML
		Exhibit 1: LaGuardia Airport Slot Exemption Applications Listed by Origin and Destination Passengers

Just six months later, AccessAir is back seeking slot exemptions once again. AccessAir has dropped its request for slots to serve Moline/Quad Cities, and instead is seeking four slots to provide service to Peoria, Illinois, with connecting service to Des Moines. AccessAir makes this application even though it still has not received its final certification by the FAA, and even though AccessAir has submitted no evidence that the proposed traffic will be larger that the projected levels that were found inadequate six months ago. Accordingly, USDOT should, once again, reject AccessAir's application.

Counsel: Queens, David Nocenti, 718-286-2880

AccessAir Holdings, Inc. / America West Airlines, Inc. / Chautauqua Airlines, Inc. / Pro Air, Inc. / Spirit Airlines, Inc.

Order 98-10-29
OST-98-4499
OST-97-2970
OST-98-4425
OST-98-3583
OST-97-2932

Issued and Served October 27, 1998

Order Granting and Denying Applications for Slot Exemptions at New York's LaGuardia Airport

High Density Rule, New York LaGuardia

After careful consideration of these applications for exemptions from 14 C.F.R. Part 93, Subparts K and S. for slots at New York's LaGuardia Airport, the Department has decided to grant two slot exemptions to Pro Air, Inc. for nonstop service in the Detroit City Airport-LaGuardia market and two slot exemptions to Spirit Airlines, Inc. for nonstop service in the Myrtle Beach-LaGuardia market. We find that granting these exemptions is in the public interest and meets the statutory "exceptional circumstances" test. Grant of these exemptions is conditioned on their being used solely for nonstop service in the city-pair markets designated in the carriers' applications.

By: Charles Hunnicutt