BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

___________________________________________

 )

Applications of )

 )

AIR CANADA )

ALASKA AIRLINES, INC. )

FRONTIER AIRLINES, INC. )

JETBLUE AIRWAYS CORPORATION )

SOUTHWEST AIRLINES CO. ) Docket No. OST-2012-0029

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

 Chief 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, 2012
1

BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

___________________________________________

 )

Applications of )

 )

AIR CANADA )

ALASKA AIRLINES, INC. )

FRONTIER AIRLINES, INC. )

JETBLUE AIRWAYS CORPORATION )

SOUTHWEST AIRLINES CO. ) Docket No. OST-2012-0029

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 10, 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 other 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 if the Department considers Alaska’s motion, it should consider this 

Answer as well.

2

Limited Response of Southwest, 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 statutory 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 inaccuracy 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 that has been submitted by all parties. 

Respectfully submitted,

__________________________

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

CERTIFICATE OF SERVICE

I hereby certify that on April 13, 2012, a copy of the foregoing was served via email on the following persons:

anita.mosner@hklaw.com (Air Canada)

megan.lawrence@alaskaair.com (Alaska Airlines)

Marshall.Sinick@squiresanders.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