Order: 2012-9-20

Served: September 17, 2012

 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

 Issued by the Department of Transportation

 on the 17

th day of September, 2012

Docket OST-1999-6240

ORDER 

SUMMARY

By this Order, the Department dismisses as moot the July 18, 2012, request of Republic 

Airline Inc. (Republic) to amend the exemption authority granted in Order 1999-11-4 to 

include Omaha, in addition to Milwaukee, as a designated destination for two slots at 

Ronald Reagan Washington National Airport (Reagan National or DCA). Instead, the 

Department will process Republic’s subsequent August 24 request, in which it seeks to 

amend the same authority to replace Milwaukee altogether by changing the designated 

destination for one slot to Omaha and one slot to Madison, Wisconsin. 

BACKGROUND

On July 18, 2012, Republic requested that the Department amend existing exemption 

authority to include Omaha as an eligible designated destination for slots #4126/1236 and 

#4124/1087, subject to its assessment of market conditions. The exemption had 

originally been granted to Midwest Express Airlines in Order 1999-11-4, allowing the 

carrier to slide two 2100 slots at DCA to the 1400 and 1500 slot hours, respectively, for 

service to Milwaukee. After its acquisition of Midwest Express, Republic has maintained 

that service under its Frontier Airlines brand. Republic stated that the flexibility it would 

gain by including Omaha as an added designation would enable the carrier to use its 

limited DCA slots more efficiently and allow the air carrier to provide services better 

aligned to market demand.

On August 24, Republic filed to amend its July 18 request by changing the designated 

destination for slot #4126/1236 to Madison and retiming slot #4126/1236 to 2000. 

Application of

REPUBLIC AIRLINE INC.

For an exemption from 14 CFR Part 93, pursuant 

to 49 U.S.C. §41714(d) 
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Republic also requested a change the designated destination for slot #4124/1087 to 

Omaha and to retime the associated slot to 1900. 

The Department is authorized by law to grant such requests, and it has in the past made 

such grants to carriers, upon determining that the requisite statutory conditions are met. 

Under 49 U.S.C. Section 41714(d) the Department may, under circumstances that it finds 

to be exceptional, grant an exemption to an air carrier that holds or operates a slot at 

Reagan National to enable it to move or “slide” the operating times of a slot to a different 

time. Such exemptions are limited and must meet explicit conditions. Under Section 

41714(d)(1), an exemption may not be granted if it would (A) result in an increase in the 

total number of slots per day at Reagan National; (B) result in an increase in the total 

number of slots at Reagan National from 0700 to 2159; (C) increase the number of 

operations at Reagan National in any one-hour period by more than two operations; (D) 

result in the withdrawal or reduction of slots operated by an air carrier; or (E) result in a 

net increase in noise impact on surrounding communities resulting from changes in 

timing of the exempted operations. 

The Department’s processing of a request to amend exemption authority is subject to a

60-day application process under Section 41714(i), such that if the Secretary neither 

approves nor denies such a request within the 60-day period, excepting any days during 

which the 60-day period is tolled due to a timely request for more information, then the 

request is deemed to have been approved on the 61st day after the request was filed with 

the Secretary. A request must include the names of the airports to be served, the times 

requested, and other information as the Secretary may require. Accordingly, under 

Section 41714(i), the 60-day statutory period for Republic’s July 18 request would expire

September 17, and that for Republic’s August 24 request would expire October 23.

The Department’s Rules of Practice in Proceedings provide for answers to applications 

for exemption authority be filed within 15 days after the filing of an application and for 

the filing of replies to answers within seven days after the filing date of an answer. 14 

CFR Sections 302.307-308.

APPLICATION

In its amended application of August 24, Republic claims that subsequent to its July 18 

request, it finalized its DCA schedules for the upcoming winter season, necessitating an 

amended request to reflect the schedule changes. Republic asserts that its request

complies with all of the conditions of 49 U.S.C. Section 41714(d)(1) (A-E), and is

consistent with the public interest and Department policy. Also, Republic contends that it 

is in compliance with the statute’s requirement that the grant of slot slide requests must 

be under exceptional circumstances. 
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RESPONSIVE PLEADINGS

No answers to the July 18 request were filed. 

DISCUSSION

Republic’s August 24 request effectively supersedes and moots its July 18 request. In its 

July 18 request, Republic contended that approval of the requested slot slide would 

enable Republic to bolster Omaha service to meet market demand and would allow it to 

operate a third conveniently-timed nonstop roundtrip between Omaha and DCA “to meet 

the vitally important and continuing service needs of Nebraska and western Iowa.” 

Republic added that as the designated carrier between DCA and Omaha for GSA’s CityPair Program, the third daily service would offer government employees greater low-fare 

service options between the two points. 

In its August 24 request, Republic states that it will have only one slot available for 

service to Omaha and that it needs a slide to the 1900 hour to allow for it to maintain a 

single roundtrip between DCA and Omaha. Without the slide, Republic maintains that 

Omaha would lose its only competitive nonstop service to DCA. In contrast to its initial 

motion, Republic’s August 24 Amendment includes Madison as a new designation. 

Republic claims that, beginning on October 28, 2012, it will have only one slot available 

for Madison and requires a slide from 1500 to 2000 at DCA in order to maintain a single 

roundtrip to Madison. Further, the July 18 request would give Republic the flexibility to 

continue service to Milwaukee, while the August 24 amendment offers no such option. 

Because Republic’s August 24 request specifies new airports to be served with the slot 

exemptions (Omaha and Madison vs. Milwaukee/Omaha), it effectively is a new request,

mooting its earlier July 18 request. In these circumstances, we have cause to dismiss the 

July 18 request. 

In addition, as a procedural matter, the Department must provide parties with an 

opportunity to file answers to the August 24 request and to file replies to any answers

received. While the Department appreciates Republic’s desire that we expeditiously 

process the requested amendments, doing so within the 60-day timeframe of the initial 

request may prejudice the rights of other parties to file answers to the August 24 request 

and replies to the answers. As indicated above, the Department’s Rules of Practice 

authorize interested persons to file answers to exemption requests within 15 days—in the

case of the August 24 request, by September 10—and replies to such answers must be 

filed within seven days—by September 17—the same date as the Department’s decision 

would be issued under the initial timeline.

We have therefore decided to dismiss without prejudice Republic’s July 18 request and to

process its August 24 request under 49 U.S.C. Sections 41714(d) and (i). 
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ACCORDINGLY,

1. The Department dismisses without prejudice Republic’s initial request of July 18, 

2012, for an amendment to its exemption authority from 14 CFR Part 93 under 49 U.S.C. 

Section 41714(d);

2. The Department will process on Republic’s request of August 24, 2012 for an 

amendment to its exemption authority from 14 CFR Part 93 under 49 U.S.C. Section 

41714(d);

3. Under that processing schedule, answers to Republic’s August 24 request were 

due September 10 and replies to answers filed are due September 17; and

4. We shall serve a copy of this Order on the parties in this docket.

By:

SUSAN L. KURLAND

 Assistant Secretary for Aviation 

 and International Affairs

(SEAL)

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