BEFORE THE

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

Application of 

 AMERICAN AIRLINES, INC. 

For an exemption from 14 C.F.R. 93.123

(Lansing, Michigan – Washington D.C.) 

)

)

)

)

)

) 

)

)

)

Docket FAA-2015-3491

 

 

ANSWER OF DELTA AIR LINES, INC. 

Communications with respect to this document should be addressed to:

Robert J. Cortelyou

Senior Vice President – Network Planning

Joe Esposito

Vice President Network Planning

DELTA AIR LINES, INC.

1030 Delta Boulevard

Atlanta, Georgia 30320

Alexander Van der Bellen

Managing Director – Regulatory 

and International Affairs & 

Associate General Counsel

Christopher Walker

Regional Director – Regulatory and 

International Affairs

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Washington, D.C. 20005

(202) 842-4184

sascha.vanderbellen@delta.com

chris.walker@delta.com

September 15, 2015
BEFORE THE

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

Application of 

 AMERICAN AIRLINES, INC. 

For an exemption from 14 C.F.R. 93.123

(Lansing, Michigan – Washington D.C.) 

)

)

)

)

)

) 

)

)

)

Docket FAA-2015-3491

 

 

ANSWER OF DELTA AIR LINES, INC. 

American Airlines, Inc. (“American”), by far the largest slot holder at DCA, has 

requested FAA to exercise extraordinary exemption authority to grant American relief 

from the High Density Rule (“HDR”) which limits the number of takeoff and landing slots 

at DCA. Delta and other carriers are constrained by the HDR from operating the full 

range of network options and competitive services they would like to offer at DCA. 

There is a no legitimate public interest basis for granting American an exemption from 

the HDR, given the extensive DCA slot portfolio at its disposal. 

American’s claimed need for exemption relief is to continue the DCA-Lansing 

service now operated by Sun Country under FAA Exemption No. 10466. While Delta is 

sympathetic to the desire of Lansing to maintain nonstop service to DCA, there is no 

need to provide American with exemption slots in order for it to do so. If FAA is willing to 

consider exemption relief for large DCA incumbent carriers to provide DCA-Lansing 

service it should grant Delta’s contemporaneously filed application for such slots.1

1 Unless the FAA is prepared to grant an unlimited number of DCA exemptions, which 

would render the HDR meaningless, FAA must weigh the merits of the mutually 

exclusive competing applications. See, ASHBACKER RADIO CORP. V. FCC, 326 U. S. 

327 (1945).

 
Answer of Delta

Page 3

The circumstances supporting FAA exemption relief to Sun Country are vastly 

different than those associated with American’s current request. Sun Country originally 

received slots for Minneapolis-Lansing-DCA services in a contested DOT route case 

proceeding. One of the primary factors DOT considered in selecting Sun Country was 

that it “qualif[ies] as [a] new entrant under the terms of the statute as it [does not] 

operate at DCA.” Order 2010-12-16 at 5. Moreover, DOT firmly rejected a competing 

proposal filed by American’s merger partner, U.S. Airways: “we reiterate that US 

Airways is the single largest slot holder at DCA and could elect to serve Pensacola with 

its existing slot holdings.” 

Due to intervening litigation,2 Sun Country’s DCA-Lansing slots were ultimately 

reissued by FAA under its public interest authority “to prevent the inequitable result of 

Sun Country losing slot exemptions through no fault of its own.” FAA Exemption No. 

10466 at 3. FAA imposed strict conditions and limitations tied to DOT’s original selection 

of Sun Country, including, inter alia:

• “This exemption authorizes operations only by Sun Country and no 

other carrier.” Id. at 4

• “This exemption will be rescinded if Sun Country discontinues 

scheduled operations at Ronald Regan Washington Airport.” Id.

Sun Country has elected to discontinue service on the DCA-Lansing route, and 

American can lay no claim to continuation of this exemption. To continue or reissue an 

exemption to American would violate the clear and express public interest rationale used 

by DOT in assigning exemption authority to Sun Country – and Sun Country alone. 

2 Republic Airlines, Inc. v. U.S. Department of Transportation, No. 11-1018 (D.C. Cir. 

2012). 

 
Answer of Delta

Page 4

American’s plainly has the ability to operate DCA-Lansing service without FAA 

exemption relief, and the combined carrier’s slot portfolio is much greater now than when 

DOT rejected US Airway’s Pensacola application due to its extensive DCA slot holdings. 

As illustrated by the following table slots operated by American or on its behalf dwarf 

those of other holders at the airport:

Source: OAG August Schedules

If the FAA is inclined to grant DCA-Lansing exemption authority in the 

circumstances presented, the competitive distribution of DCA slots would be improved 

by an award of exemption authority to Delta over American. Any award should be 

based on full consideration of competing applications. DOT and FAA have a clear policy 

of coordinating review when there are overlapping competitive and slot administration 

issues. See FAA/DOT approval of Delta/US Airways transaction, 76 Fed. Reg. 63702 

(Docket FAA-2010-0109). 

 

235

49 42 34 30

8 4 4 3 2

0

50

100

150

200

250

Average Daily DCA Flights
Answer of Delta

Page 5

Respectfully submitted,

_________________________________

Alexander Van der Bellen

Managing Director – Regulatory and 

International Affairs & Associate General 

Counsel

DELTA AIR LINES, INC.