BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

____________________________________ _ ______ )

Application s of )

)

AIR CANADA )

ALASKA AIRLINES, INC. )

F RONTIER AIRLINES, IN C. )

JETBLUE AIRWAYS CORP ORATION )

SOUTHWEST AIRLINES C O. ) Docket No. OST

- 20 12

- 0029

SUN COUNTRY AIRLINES )

VIRGIN AMERICA INC. )

)

For exemptions from 14 C.F.R. Part 93, Subparts )

K and S, pursuant to 49 U.S.C. § 41718 )

(BEYOND

- PERIMETER SLOT EXEMPTIONS) )

________________________ ______ __ _____ ______ )

ANSWER OF SOUTHWEST AIRLINES IN OPPOSITION TO

ALASKA AIRLINES MOTION TO STRIKE

Communication with respect to this

document should be addressed to:

Ron Ricks Robert W. Kneisley

Executive Vice President

-- Associate General Counsel

C hief Legal and Regulatory Officer Leslie C. Abbott

Madeleine Johnson Senior Attorney

Vice President General Counsel SOUTHWEST AIRLINES CO.

SOUTHWEST AIRLINES CO. 1901 L Street, NW

2702 Love Field Drive Suite 640

Dallas, TX 75235

- 1611 Washington, DC 20036

bob.kneisley@wnco.com

(202) 263

- 6284

April 13, 20121 BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

__ ________ _________________________________ )

Applications of )

)

AIR CANADA )

ALASKA AIRLINES, INC. )

F RONTIER AIRLINES, IN C. )

JETBLUE AIRWAYS CORP ORATION )

SOUTHWEST AIRLINES C O. ) Docket No. OST

- 20 12

- 0029

SUN COUNTRY AIRLINES )

VIRGIN AMERICA INC. )

)

For exemptions from 14 C.F.R. Part 93, Subparts )

K and S, pursuant to 49 U.S.C. § 41718 )

(BEYOND

- PERIMETER SLOT EXEMPTIONS) )

____________ ____________________ ___________ )

ANSWER OF SOUTHWEST AIRLINES IN OPPOSITION

TO ALASKA AIRLINES MOTION TO STRIKE

Southwest Airlines files this Answer in response to the “ Motion to Strike ” filed by

Alaska Airlines on April 1 0 , 2012. 1 Alaska’s motion has no merit and should be denied.

Alaska’s motion is aimed in part at two pleadings filed by Southwest that were each

accompanied by a Motion for Leave to File an otherwise unauthorized document

pursuant to Rule 6 of the Department’s Rules of Practice ( 14 CFR § 302.6 )

. 2 As both

pleadings made clear

, they were in response to certain “incorrect and/or misleading

statements ” made by o ther applicants, and were filed in order to “correct the record in

1 Common names of airlines are used herein. To the extent necessary, Southwest requests leave for the

filing of this Answer and submits that i f the Department considers Alaska’s motion, it should consider this

Answer as well.

2 Limited Response of Southwes t, filed April 3, 2012; and Reply of Southwest, filed April 9, 2012.2

important respects...and thereby contribute to a more accurate and informed basis for

the Department’s decision” in this proceeding. 3

Southwest is well aware of the st atutory deadline applicable to this case and is

respectful of the Department’s procedural schedule. At the same time, Southwest

believes it is important to eliminate inaccura cy and distortion from the administrative

record to the extent reasonably possible . Indeed

, the filing of otherwise unauthorized

documents to correct the record is hardly novel in DCA slot exemption proceedings , and

Alaska has failed to explain why the Department would somehow be better off with a

more inaccurate and flawed record. In any event, there is no need to “strike” anything in

this case , for the Department is fully capable of evaluating the weight and credibility of

the evidence t hat has been submitted by all parties

.

Respectfully subm itted

,

__________________________ Robert W. Kneisely

April 13 , 2012

3 Southwest’s April 3 Limited Response at p. 1 ; Southwest’s April 9 Reply at p. 1.3 C ERTIFICATE OF SERVIC E

I hereby certify that on April 13 , 2012 , a copy of the foregoing was served via e

mail on the following persons:

anita.mosner@hklaw.com (Air Canada)

megan.lawrence@alaskaair.com (Alaska Airlines)

Marshall.Sinick@squiresan ders.com (Alaska Airlines)

Edward.Saucer@squiresanders.com (Alaska Airlines

robert.cohn@hoganlovells.com (Frontier Airlines)

patrick.rizzi@hoganlovells.com (Frontier Airlines

robert.land@jetblue.com (JetBlue Airways)

jhill@dowlohnes.com (JetBlue Airways)

perkmann@dowlohnes.com (JetBlue Airways)

John.Fredericksen@suncountry.com (Sun Country Airlines)

barbara.russell@virginamerica.com (Virgin America)

john.varley@virginamerica.com (Virgin America)

jegillick@zsrlaw.com (Virgin America)

susan.kurland@dot.gov

todd.homan@dot.gov

brian.ctr.meehan@faa.gov

Jim Smith

Director of Aviation

Austin

- Bergstrom International Airport

jimsmith@ci.austin.tx.us

John E. Potter

President and Chief Executive Officer

Metropolitan Washington Airports Authority

john.potter@mwaa.com

info@airlineinfo.com

__________________________ Dorothy C. Sauvinet