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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

REPUBLIC AIRLINE INC.

for an exemption from 14 CFR Part 93 under 49

U.S.C. § 41714(d)

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Docket DOT-OST No. 49741

MOTION OF REPUBLIC AIRLINE INC.

FOR AN AMENDMENT TO SLOT SLIDE EXEMPTION AUTHORITY

Communications with respect to this document should be addressed to:

Ethan J. Blank

Vice President, General Counsel

REPUBLIC AIRWAYS HOLDINGS INC.

8909 Purdue Road

Indianapolis, Indiana 46268

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

+1 202 637 4999/5659

robert.cohn@hoganlovells.com

patrick.rizzi@hoganlovells.com

Counsel for

REPUBLIC AIRLINE INC.

April 26, 2013
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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

REPUBLIC AIRLINE INC.

for an exemption from 14 CFR Part 93 under 49

U.S.C. § 41714(d)

)

)

)

)

)

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Docket DOT-OST No. 49741

April 26, 2013

MOTION OF REPUBLIC AIRLINE INC.

FOR AN AMENDMENT TO SLOT SLIDE EXEMPTION AUTHORITY

Republic Airline Inc. (“Republic”) hereby moves the Department to amend the

“slot slide” exemption authority originally granted in DOT Order 1994-9-49, and later

confirmed by Notice dated April 14, 2011, in order to permit Republic to use slot

#4137 (#1001) for service to Kansas City or Omaha. Republic requests expeditious

action on this request.

The requested amendment meets the statutory requirements in 49 U.S.C. §

41714(d) and is fully consistent with the public interest and Department policy. By

allowing Republic the flexibility to alter the use of its slot slide exemption, the

Department will enable Republic to use its scarce DCA slots more efficiently and to

match more closely its services to the demands of the marketplace.

I. BACKGROUND.

By DOT Order 1994-9-49, the Department granted an exemption to Midwest

Express Airlines (“Midwest Express”) enabling the carrier to slide two 2100 slots

(including #1001 n/k/a #4137) at Ronald Reagan Washington National Airport

(“Washington National” or “DCA”) to 1900 for service to/from Omaha, Nebraska. By
Motion of Republic Airline

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DOT Notice, issued April 14, 2011 (Docket DOT-OST No. 49741), the Department

approved Republic’s application to retain this slot slide exemption.

Republic requests that the Department amend the slot slide exemption so that

Republic can use this slot for service to either Kansas City or Omaha. Republic’s

request is fully consistent with the Statute and Department precedent.

II. DISCUSSION.

1. Republic requests that the designated destination for slot #4137

(#1001) – as slid pursuant to the exemption granted by DOT Order 1994-9-49 and

confirmed by DOT Notice, issued April 14, 2011 – be changed to permit its use for

service to Kansas City or Omaha.

2. Approval of this request would be fully consistent with the public

interest, the Statute’s “exceptional circumstances” standard, and DOT precedent.

Republic operates the slot slide exemption at issue with its modern, efficient, Stage 3,

99-seat Embraer 190 aircraft, currently under the brand of Frontier Airlines. By

permitting Republic to change the designated destination served with this slot slide

exemption, the Department would enable Republic to use its scarce DCA slots and

slot exemptions more efficiently and productively, and to better meet consumer

demand.

3. As a preliminary matter, the requested amendment satisfies the

“statutory operational requirements” under 49 U.S.C. § 41714(d)(1)(A)-(E) as follows:

 It does not involve new or additional slot slide exemption requests, nor

does it seek any modifications to the slot slide times;
Motion of Republic Airline

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 It would not result in an increase in the total number of slots per day at

DCA or the total number of slots at DCA from 7:00 a.m. to 9:59 p.m.;

 It would not increase the number of operations at DCA in any one-hour

period by more than two operations; and

 It would not result in the withdrawal or reduction of slots operated by an

air carrier or a net increase in the noise impact on surrounding

communities.

It merely seeks an amendment to the designated destination for which this slot slide

exemption may be used.

4. In terms of the “exceptional circumstances” requirement and the public

interest, changing the designated destination for slot #4137 (#1001) to include

Kansas City (in addition to Omaha) would enable Republic to enhance and more

effectively develop its limited DCA services, and to better meet demand and the

needs of the destination communities.

5. Republic’s request is fully consistent with Department precedent. In

DOT Order 2006-3-9, the Department approved a request by Spirit Airlines to amend

its slot slide exemption authority in order to permit it to add Detroit as a designated

destination in addition to Ft. Lauderdale under that authority. The Department noted

that there “are no additional statutory impediments in amending existing slot

exemption requests to revise the markets served . . . to/from DCA and allow for

increased flexibility and account for changes in market conditions.” DOT Order 2006-

3-9, at 3. The Department also found that Spirit’s request met the “exceptional

circumstances” standard because Spirit had a very small, constrained service pattern
Motion of Republic Airline

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at DCA and the ability to serve Detroit as an additional point enabled Spirit to operate

its services “more efficiently and more closely match its services to the dynamic

demand patterns the industry is currently experiencing.” Id. See also Midwest

Express, DOT Order 1994-9-49, at 3 (granting slot slide exemption for service to

Omaha because it would address the important “needs of the communities of

Nebraska, especially Omaha and its surrounding communities”); Midwest Express,

DOT Orders 1999-11-4, at 4; 2000-7-20, at 4, 2000-10-27, at 2, and 2001-3-17, at 2.

The same rationale holds true for Republic’s request to add Kansas City as a

designated destination.

6. The benefits of this amendment to Republic’s slot slide exemption

clearly also meet the public interest standard. The requested amendment to this slot

slide exemption authority would enable Republic to bolster its service to Kansas City,

as market demand warrants, and to help meet the vitally important and continuing

service needs in eastern Kansas and western Missouri. Given Republic’s small

presence and very limited flexibility at DCA, the exceptional circumstances standard

is clearly fulfilled.
Motion of Republic Airline

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III. CONCLUSION.

Republic’s Motion satisfies the statutory criteria and the “exceptional

circumstances” standard, and is consistent with DOT policy and precedent.

Accordingly, Republic urges the Department to expeditiously grant this Motion to

amend its slot slide exemption authority as discussed herein.

Respectfully submitted,

__________________________________

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

555 Thirteenth Street, NW

Washington, DC 20004

+1 202 637 4999/5659

Counsel for

Republic Airline Inc.
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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion of Republic Airline Inc. for an

Amendment to Slot Slide Exemption Authority has been served this 26th day of April, 2013,

upon each of the following addressees:

bob.kneisley@wnco.com

marshall.sinick@squiresanders.com

robert.wirick@aa.com

francis.heil@aa.com

sascha.vanderbellen@delta.com

jhill@dowlohnes.com

jyoung@yklaw.com

dkirstein@yklaw.com

john.fredericksen@suncountry.com

dan.weiss@united.com

howard_kass@usairways.com

anita.mosner@hklaw.com

barbara.russell@virginamerica.com

brian.ctr.meehan@faa.gov

reese.davidson@dot.gov

cindy.baraban@dot.gov

Kevin.Schlemmer@dot.gov

Dennis.DeVany@dot.gov

Rob.Hawks@faa.gov

Jonathan Echmalian