Order 97-12-9

Posted 12/5/97

Issued by the Department of Transportation on the 5th day of December, 1997

Application of

Docket OST 97-2368

for an exemption from 14 CFR Part 93, Subparts K and S. pursuant to 49 U.S.C. § 41714

Application of

Docket OST 97-2985

for an exemption from 14 CFR Part 93,

Subparts K and S. pursuant to 49 U.S.C. § 41714

The Department has received two applications from carriers for exemptions from the High Density Rule, 14 CFR Part 93, Subparts K and S to provide service between a number of communities and Chicago O'Hare International Airport using regional jet aircraft. Specifically, Simmons Airlines, Inc. d/b/a American Eagle ("Simmons") proposes to operate three daily round-trip flights between each of ten non-hub cities

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In their applications, Simmons stated that regional jets would be available in 1998 and Trans States stated that it was "...moving expeditiously on the acquisition of up to five CRJs during 1998. While definitive delivery dates are not yet final, delivery positions are available so that Trans States can acquire an initial CRJ complement consisting of three aircraft that will be phased into the fleet over the three-month period beginning in May and ending in July 1998". /2

The use of regional jet aircraft is an integral component of each applicant's proposal and is likely to be an important consideration in our decisions on these applications. Although Trans States has outlined its plans to acquire regional jets, the delivery dates appear to be tentative and it is unclear how many aircraft will be necessary to implement the proposed service beyond the initial start-up phase. Simmons has provided only a general indication of its plans.

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 city-pairs. This information is to be provided only for the aircraft to be used for the slot exemption services proposed by the applicants.

1. The Department requires Trans States and Simmons to provide the specific information listed above within ten (10) business days of the issue date of this order; and

1/ Although Trans States' proposal to use regional jet aircraft was contained in a petition for reconsideration, this order should not be interpreted in any way as the Department's ruling on the merits of that petition. This order is intended only to provide a more complete evidentiary record in both of these proceedings.

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2. We shall serve this order on all persons on the service list in these dockets.

By:

CHARLES A. HUNNICUTT

Assistant Secretary for Aviation

and International Affairs