\\DC - 040601/000003 - 4593098 v2 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) ) ) ) ) ) ) ) ) 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\\DC - 040601/000003 - 4593098 v2 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) ) ) ) ) ) ) ) ) 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. ByMotion of Republic Airline Page 2

\\DC - 040601/000003 - 4593098 v2 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 Page 3

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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 patternMotion of Republic Airline Page 4

\\DC - 040601/000003 - 4593098 v2 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 Page 5

\\DC - 040601/000003 - 4593098 v2 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.\\DC - 040601/000003 - 4593098 v2 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