OST-99-6568 / Skyway Airlines / High Density Rule – Washington National / Answer of MWAA / November 23, 1999

Application of

ASTRAL AVIATION, INS. d/b/a SKYWAY AIRLINES / Docket OST-99-6468

For an exemption pursuant to the provisions of 49 U.S.C. §41714(d)

On November 8, 1999, Astral Aviation, Inc., d/b/a Skyway Airlines (Skyway) applied for an exemption pursuant to the provisions of 49 U.S.C. §41714(d) (the Statute) to permit it to reassign its aircraft scheduling slots for the 2100 hour at Ronald Reagan Washington National Airport (Washington National) to different times of the day. The Metropolitan Washington Airports Authority (Airports Authority) is the operator of Washington National, the airport affected by this application.

Skyway represents that it has obtained four unused Washington National commuter carrier slots at 2100 and requests to move these slots into what they believe more desirable time periods and to operate with those slots between Washington National and Grand Rapids Michigan, a market presently not served on a nonstop basis from Washington. In accordance with the Statute, the Secretary must determine that exceptional circumstances exist in order to grant this application from exemption. The Airports Authority takes no position on whether this application invokes exceptional circumstances. It appears, however, from the application that Skyway has otherwise complied with the conditions of 49 U.S.C. §41714 for moving a slot from one hour to another. Therefore, the Airports Authority has no objection to the application.

The Statute requires that the exemption not result in an overall increase in slots at Washington National. Further, the exemption may not result in an increase in the total number of slots at Washington National between 7 a.m. and 9:59 p.m. Therefore, the 2100 slots to be moved by Skyway Airlines to 0900 and 1600 are available to be allocated for use in the 2100 hour and there must be two fewer slots in the 2100 hour as a result.

Also, the Statute requires that the exemption not "increase the number of operations at Washington National Airport in any 1-hour period by more than two operations", 49 U.S.C.§41714 (d) (1) (C). We believe that, in the context of this Statute, the word "operations" equates to scheduling slots and the term "1-hour period" refers to a scheduling hour, not just any 60 minute period. Furthermore, absent exemptions, under the High Density Rule at Washington National there are 37 air carrier slots and 11 commuter slots for a total of 48 air carrier slots to grant this application, 14 C.F.R. 93.123. Therefore to grant the application, the Secretary will have to find that the movement of these 2100

hour commuter air carrier slots to other hours will not increase the total number of slots for the new hours by more than two over 48 air carrier slots. In hours in which, by prior exemption, the number of air carrier slots has been increased to 49, only one additional exemption may be granted. In hours where, by prior exemption, there are already 50 air carrier slots, i.e., the number of operations has been increased by 2, there can be no further slots added by exemption. This necessitates cumulative record keeping of the slots added by exemptions granted on an hourly basis, not only on a daily basis, in order to fulfill the conditions of the Statute.

Respectfully submitted,

Metropolitan Washington Airports Authority

G~

by Edward S. Faggen

Vice President & General Counsel

Metropolitan Washington Airports Authority

1 Aviation Circle, MA-70

Washington, DC 20001-6000

(703) 417-8615

November 23, 1999

2

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON. D.C.

U.S. - CHINA AIR SERVICES (2001) ) Docket No. OST-99-6323

CONSOLIDATED REPLY OF PORT OF PORTLAND

The Port of Portland, the owner and operator of Portland International Airport ("PDX") in Portland, Oregon, files this Reply to all of the Answers