Order 2003-9-30
OST-2003-15968 - ATA Reassignment of DCA Slots
OST-2003-15972 - Spirit Airlines - Reassignment of DCA Slots
OST-2003-15977 - Colgan - Reassignment of DCA Slots
OST-2003-15989 - Chautauqua - Reassignment of DCA Slots

Issued and Served September 30, 2003

Order | Word

The Department grants the separate requests of ATA Airlines, Inc., Spirit Airlines, Inc., Colgan Air, Inc., and Chautauqua Airlines, Inc. to move the operation of slots at Ronald Reagan Washington National Airport from the 2100 hour (9:00 p.m.) to various alternative times.

Insofar as their claim to "exceptional circumstances," all of the applicants share certain characteristics. All were given priority standing and subsequently awarded DCA slots in the recent FAA slot lottery due to the FAA's determination that each was a new entrant by the FAA's regulatory definitions. As such, even with the award of the 2 100 hour slots, Spirit, Colgan, and Chautauqua have argued they have little or no flexibility to adjust schedules to effectively market services since the 2100 hour slots alone do not permit the establishment of a viable pattern of service. We agree that 2 100 hour slots have little or no utility to a carrier that has no other slots. While other alternatives may exist that could enable these carriers to offer viable service, none are as practical or sure as the approach they have pursued here--that of seeking authority under section 41714(d) to move 2100 hour slots to other available times. Moreover, if a grant of that authority is denied here, carriers may face the choice of either operating their service at a loss or relinquishing the slots to FAA, at least temporarily frustrating the purpose for which the FAA's slot lottery was instituted. Precisely because the flexibility of these limited slot holders is so constrained, their circumstances are exceptional.

By: Michael Reynolds