Order 03-02-9

Order 03-02-9

Midway Airlines Corporation

Order 03-02-9
OST-02-13580

Issued: February 10, 2003
Served: February 13, 2003

Order Confirming Oral Actions Authorizing Resumption of Operations

Intent to Resume Operations Pursuant to Section 204.7

After reviewing the fitness information provided by Midway, we determined that the company would meet our fitness standards provided its resumed operations were all conducted with small (i.e., under 60-seat) aircraft pursuant to its Regional Jet Service Agreement with US Airways, or under a similar cost-plus service agreement with another certificated air carrier that would be responsible for, at a minimum, all passenger-related reservations, check-in and ticketing, and re-accommodation/refund functions. Further, we found that it was in the public interest to orally approve Midway’s request to resume operations, subject to conditions, so that it could make all necessary preparations to resume operations in a timely manner. On October 16, 2002, we orally authorized Midway to recommence operations. Given that Midway would not be resuming operations immediately and that further action was required by both parties to the Regional Jet Service Agreement prior to any resumption of operations, we stated that our oral action would terminate automatically on January 1, 2003, unless Midway had actually recommenced revenue flight operations prior to that date. On December 17, 2002, Midway filed a request for a short extension of time in which to recommence operations. In this request, Midway noted that it was in the final stages of resuming scheduled service and expected to do so in early January 2003. However, since the Department’s oral approval required Midway to actually begin revenue operations prior to January 1, 2003, it would need a short extension of time in which to do so. Specifically, Midway requested that it be allowed until January 15, 2003 in which to resume operations. This request was orally granted on December 18, 2002.

Midway resumed flight operations on January 1, 2003. All of its operations are now conducted under the Regional Jet Service Agreement with US Airways under the trade name US Airways Express.

By: Randall Bennett