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Order 2012-3-8

Served: March 13, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 13th day of March, 2012

Restoration to

REPUBLIC AIRLINE, INC. 

of exemptions from 14 C.F.R. Part 93, Subparts K 

and S, pursuant to 49 U.S.C. § 41718(b), Special 

rules for Ronald Reagan Washington National 

Airport (within-perimeter slot exemptions)

Docket OST-2000-7182

ORDER RESTORING WITHIN-PERIMETER SLOT EXEMPTIONS AT

RONALD REAGAN WASHINGTON NATIONAL AIRPORT

SUMMARY

This Order restores two within-perimeter slot exemptions at Ronald Reagan Washington 

National Airport (DCA) to Republic Airline, Inc., (Republic) to be utilized only for operations to 

Kansas City International Airport (MCI). 

BACKGROUND

In Order 2004-4-2, pursuant to provisions of the Vision 100 – Century of Aviation 

Reauthorization Act, Pub.L. No. 108-176, the Department awarded two DCA slot exemptions to 

Midwest Airlines, Inc. (Midwest) for service to MCI. In 2010, after Midwest had been acquired 

by Republic Airways Holdings, Inc., the parent of Republic, the Department withdrew the two 

exemptions and, in Order 2010-12-16, reallocated them through a competitive selection process 

to Sun Country Airlines for service between DCA and Lansing, Michigan (LAN). Republic 

subsequently sought judicial review of the Department’s order withdrawing those exemptions.

The U.S. Court of Appeals for the District of Columbia Circuit reversed the Department’s 

decision and vacated Order 2010-12-16. Republic Airline, Inc. v. United States Department of 

Transportation, No. 11-1018 (D.C. Cir., Jan. 6, 2012). The Court issued its mandate on March 

1, 2012.
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In accordance with the Court’s decision, we are restoring the two slot exemptions to Republic, to 

be utilized consistent with the same conditions and limitations as they appeared in Order 2004-4-

2, the original award to Midwest.1

 

Additionally, on March 2, 2012, the Federal Aviation Administration (FAA) granted a request by 

Sun Country for an exemption to operate two air carrier slots between DCA and LAN, effective 

that date. Exemption No. 10466 (Regulatory Docket No. FAA-2012-0089). As a result, despite 

the action we are taking today to comply with the Court’s decision, Sun Country is authorized to 

continue its DCA-LAN service without interruption under the operating authority granted to it by 

FAA. 

CONDITIONS

Start-up

The Department requires that Republic inaugurate full service within 90 days of the service of 

this Order. If, for any reason, Republic is not able to use these slot exemptions by such time, we 

request that it notify the Department as soon as possible, but not later than ten days after the date 

of service of this Order.

Assignment of Slot Times

Slot times for these two exemptions are in the 1100 and 1400 hour periods. Republic, in 

accordance with statute and Department regulations, may request that the FAA Slot 

Administration Office approve temporary exchanges of the assigned slot exemption times with 

other slots or slot exemptions in a different hour, or request different slot times to the extent they 

may be available, for the purpose of conducting operations authorized by this Order. In acting on 

such a request, the FAA will employ standard practices in conjunction with applicable statutory 

and regulatory requirements for the utilization of slot times between and among individual 

carriers. Regardless of any subsequently approved slot time exchanges, the slot times assigned by 

the Department or the FAA’s Slot Administration Office pursuant to this Order will be tagged 

such that, if the service granted by this Order is either suspended or is not inaugurated in a timely 

manner, the Department will withdraw the slot exemptions based on their tagged slot time rather 

than by any subsequent slot time operated.

ENVIRONMENTAL ISSUES

Although 49 U.S.C. Section 41718(e) specifically exempts our action here from the review under 

the National Environmental Policy Act,2 we remain sensitive to the environmental impact of 

 1 However, as we indicate below, we are modifying the administrative terms in Order 2004-4-2 that prohibit a sale, 

trade, transfer or conveyance of the slot exemption authority to except transfers of the slot exemption authorities that 

may occur through an air carrier merger or acquisition. This modification complies with Section 414 of the FAA 

Modernization and Reform Act of 2012, Pub. L. No. 112-95, which amended 49 U.S.C. § 47178(j).
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increased operations at DCA. Consistent with the statute, we will require that all operations 

authorized by this Order be conducted with Stage 3 aircraft. Also, under 49 U.S.C. Section 

41718(e), the Department will give DCA priority in making grants for airport noise compatibility 

planning and programs that qualify for Federal financial assistance.

ADMINISTRATIVE TERMS

Republic may not sell, trade, transfer, or convey the operating authorities granted by the subject 

exemptions unless otherwise authorized therein, except through an air carrier merger or 

acquisition. See 49 U.S.C. § 41714(j), as amended by Section 414 of the FAA Modernization and 

Reform Act of 2012, Pub. L. No. 112-95. 

Further, granting of these exemptions in no way is to be construed as allowing a carrier to 

operate services that it could not otherwise operate. Republic must still meet all the requirements 

of the Department of Transportation, the Federal Aviation Administration, including but not 

limited to use-or-lose provisions, and all other statutes and regulations governing air 

transportation.

This Order is issued under authority delegated in 49 C.F.R. § 1.56(a).

ACCORDINGLY, 

1. Two slot exemptions from 14 C.F.R. Part 93, Subparts K and S, are restored to Republic 

Airline, Inc. to conduct operations at Ronald Reagan Washington National Airport;

2. The slot exemptions may be utilized only for service to Kansas City International Airport;

3. The slot times for the two exemptions are, as previously assigned, in the 1100 and 1400 

hour periods; however, in accordance with statute and Department regulations, Republic may 

request the FAA Slot Administration Office to approve exchanges of the assigned slot exemption 

times with other slots or slot exemptions in a different hour, or request different slot times to the 

extent they may be available, for the purpose of conducting operations authorized by this Order; 

4. Republic must commence its proposed service no later than 90 days of the service of this 

Order. Operations utilizing the slot exemptions must be conducted with Stage 3 aircraft, may not 

be used for operations between the hours of 10:00 p.m. and 7:00 a.m., and may not increase the 

number of operations at Ronald Reagan Washington National Airport in any one-hour period 

during the hours between 7:00 a.m. and 9:59 p.m. by more than five operations; 

5. The Department prohibits Republic from selling, trading, transferring, or conveying the 

operating authorities granted by the subject exemption, except through an air carrier merger or 

acquisition; 

 2 Section 41718(e) states, “Neither the request for, nor the granting of an exemption, under this section shall be 

considered for the purposes of any Federal law a major Federal action significantly affecting the quality of the 

human environment.”
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6. The authorities granted under these exemptions are subject to all of the other requirements 

delineated in 14 C.F.R. Part 93, Subparts K and S, including, but not limited to, the reporting 

provisions and use-or-lose requirements; 

7. The Department directs Republic to contact the FAA Slot Administration Office relative 

to assignment of slot exemption numbers, effective dates, and operating times consistent with 

statutory limitations; and

8. We will serve this Order on all parties in Docket OST-2000-7182 and the FAA Slot 

Administration Office. 

By:

SUSAN L. KURLAND

 Assistant Secretary for

 Aviation and International Affairs

(SEAL)

An electronic version of this document is available in the Federal Docket Management

System (FDMS) at http://www.regulations.gov