OST-00-6838 / Sun Country Airlines / High Density Rule - New York JFK / Response of Queens Borough / April 6, 2000
Application of
SUN COUNTRY AIRLINES, INC. /
Docket No. OST-2000-6838under 49 U. S.C. § 41714 for an exemption from the High Density) Rule governing JFK International slots (14 C.F.R. Part 93) (Minneapolis/St. Paul, Minnesota)
MOTION FOR LEAVE TO FILE ADDITIONAL RESPONSE AND ADDITIONAL
RESPONSE OF THE OFFICE OF THE QUEENS BOROUGH PRESIDENT, CITY OF NEW
YORK, IN OPPOSITION TO APPLICATION OF SUN COUNTRY AIRLINES, INC. FOR
SLOT EXEMPTIONS
The Office of the Queens Borough President in New York City respectfully moves for permission to file this additional response to Sun Country's filing dated March 31, 2000 and reiterates its request to deny Sun Country's application in its entirety.
Sun Country, in the high-handed and dismissive tone used in its papers, truly demonstrates its contempt for the people of Queens, whose two million residents constitute a large percentage of the New York market which it seeks to serve. Apparently, Sun Country has contempt for the High Density Rule as well.
The Borough President's Office will only briefly address Sun Country's arguments. First, this office analyzed Sun Country's application (and asked the United States Department of Transportation (DOT) to do the same) under the controlling law at the time the application was made. Secondly, even if DOT applies the "public interest" test alone, Sun Country would fall to meet that standard, inasmuch as Minneapolis/St. Paul is not a "neglected market." As noted in
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the Borough President's earlier submissions, there already is an abundance of flights servicing the New York City market and Minneapolis/St. Paul.
Even under the Wendell H. Ford Aviation and Reform Act for the 2 1 " Century ("Air 2 1 "), the High Density Rule will remain in effect at John F. Kennedy International (JFK) and LaGuardia Airports until 2007. If indeed the High Density Rule is "moribund," as stated by Sun Country, then it will be a long, slow death. Congress deliberately treated New York's airports differently from the airports in Chicago and Washington, D.C., and did not intend to give all "new entrant" and "limited incumbent" carriers (as those terms are defined in Air 21) carte blanche to increase operations almost at their own discretion.
Finally, the Borough President's Office cannot allow Sun Country's incredible assertions concerning environmental studies to go unchallenged. Sun Country states:
The short answer is that Air 21 makes environmentally-based opposition to slot exemptions untenable. It is unreasonable to suppose that Congress intended both to abolish the HDR but simultaneously allow the Department to maintain the Rule's full effect during the phase-out period by invocation of "comprehensive"(j.~ slow) environmental impact studies.
Is Sun Country actually asserting that Air 21 should somehow pre-empt or override environmental concerns (some of which are mandated by federal, state and local law)? The short answer appears to be yes.
Notwithstanding Sun Country's unique interpretation of the law, Congress clearly was sensitive to environmental issues such as noise and air pollution. For example, Section 41718 ("Special Rules for Ronald Reagan Washington National Airport") of Air 21 states the following
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(e) APPLICABILITY OF CERTAIN LAWS - Neither the request for, nor the granting of an exemption, under this section shall be considered for purposes of any Federal law a major Federal action significantly affecting the quality of the human environment.
There appears to be no comparable exemption for slot exemption applications at JFK or LaGuardia. Also note that subsections (f) and (g), entitled "Noise Compatibility Planning and Programs" and "Study of Community Noise Levels Around High Density Airports," respectively, apply to all four high density airports. The very presence of these subsections demonstrates, that Congress clearly did not intend to allow an increase in flight activity in the automatic, reflexive way proposed by Sun Country, in reckless disregard of any environmental considerations.
The Borough President's Office understands that Air 21 inevitably means more aircraft over and around Queens, particularly in light of the law's provisions concerning regional jets; however, the regional jets are at least smaller and quieter than the older, noisier 727-200, hush-kitted aircraft that Sun Country wants to use.
For all the foregoing reasons, it is respectfully requested that DOT deny Sun Country's application in its entirety.
Respectfully submitted,
CLAIRE SHULMAN
President
Borough of Queens
Hugh Weinberg
Counsel to the Borough President
120-55 Queens Boulevard Kew Gardens, NY 11424 (718) 286-2880
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