BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Slot Exemption Proceeding at Ronald Reagan Washington National Airport pursuant to 49 U.S.C. § 41718(b) Docket DOT-OST-2000-7182

MOTION FOR LEAVE TO FILE AND SURREPLY OF THE CITY OF HOUSTON AND THE GREATER HOUSTON PARTNERSHIP

Communications with respect to this document should be sent to: Mario C. Diaz Director Ian Wadsworth Chief Commercial Officer Department of Aviation CITY OF HOUSTON 16930 John F. Kennedy Blvd. Houston, TX 77032 (281) 233-3000 (281) 233-1859 (fax) Robert Harvey President and Chief Executive Officer GREATER HOUSTON PARTNERSHIP 1200 Smith Street, Suite 700 Houston, TX 77002 (713) 844-3600 (713) 844-0200 (fax) Rachel B. Trinder Jol A. Silversmith ZUCKERT, SCOUTT & RASENBERGER, L.L.P. 888 Seventeenth Street, N.W. Washington, D.C. 20006-3309 (202) 973-7927 (202) 342-0683 (fax) rbtrinder@zsrlaw.com jasilversmith@zsrlaw.com For the City of Houston and the Greater Houston Partnership

Dated: January 16, 2013BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Slot Exemption Proceeding at Ronald Reagan Washington National Airport pursuant to 49 U.S.C. § 41718(b) Docket DOT-OST-2000-7182

MOTION FOR LEAVE TO FILE AND SURREPLY OF THE CITY OF HOUSTON AND THE GREATER HOUSTON PARTNERSHIP

The City of Houston and the Greater Hous ton Partnership (collectively, “Houston” or the “Houston Parties”) respectfully seek leave to file an otherwise unauthorized document pursuant to 14 C.F. R. § 302.6, namely this su rreply to the opposition and reply filed in this docket on January 10, 2013 by JetBlue. 1 This surreply has the very limited pur pose of alerting the Department to misstatements of authority and the record, which clearly constitutes the good cause required by the rules of practice. As t he Department is aware, § 302.6 motions are routinely granted. See, e.g. , Order 2012-7-26, at 21 (a ccepting all unauthorized documents filed in prior DCA sl ot exemption proceed ing, which also did not specifically provide for reply comments). Southwest and Houston are entitled to a decision that is based on an accurate record, and Houston has no doubt that the Department also wishes to ensure such accuracy. Houston hopes that further filings on this matter will not be necessary.

1 Common names are used for carriers and airports.Motion for Leave to File and Surreply of the City of Houston and the Greater Houston Partnership Page 2

1. JetBlue’s January 10, 2013 reply does not take issue with Houston and Southwest’s demonstration that JetBl ue’s references to the Congressional Record were misleading. Indeed it c ould not, since the details of those references are what they are. Regre ttably, however, JetBlue does proffer a further Congressional quotation, that agai n is cited in a context that is misleading. On page 6 of its filing, JetB lue references a statement by former Senator Robert Byrd that “slots within the perimeter will be reserved for flights

to small communities.” 2 In fact, however, a restrict ion reserving those slots solely for flights to small communities appears neither in the text of the amendment then under consideration by the Senate, 3 nor in the statute as subsequently adopted and currently in effect

. 4 Indeed, one of the sponsors of the amendment specifically noted that t he slot exemptions would be available

for service to “ medium hubs or smaller airports from Reagan National.” 5 As previously established by Houston in its reply, Hobby is a qualifying mediumhub airport (see p. 2). In any event, as also noted in Houston’s reply (see p. 5), the slot exemptions reserved for small airports are not at issue in this proceeding

.

2 145 Cong. Rec. S11911 (October 5, 1999); attached as Exhibit HOU-S-101. 3 145 Cong. Rec. S11884 (October 4, 1999); attached as Exhibit HOU-S-102.

4 Indeed, the amendment then under consideration di d not even contain the la nguage that would later appear at 49 U.S.C. § 417 18(c)(3)(A), providing that certain slot exemptions would be reserved for small hubs and nonhubs (i.e. , that reservation of four exemptions wa s only later added to AIR-21) – and as noted elsewhere, those slots are not under consideration in this proceeding.

5 145 Cong. Rec. S11852 (October 4, 1999) (emp hasis added); attached as Exhibit HOU-S-103.Motion for Leave to File and Surreply of the City of Houston and the Greater Houston Partnership Page 3

2. In its January 10, 2013 reply, JetBlue objects to Houston’s “quote” in a heading addressing JetBlue’s assertion that granting Southwest’s Hobby application would contravene congressional intent and exceed the Departm ent’s discretion, on the grounds that the “quote” refers to JetBlue’s assertions against US Airways, not Southwest. See id. at fn.1. In fact, JetB lue made similar assertions with respect to both Southwest and US Airw ays, and it is regrettable that JetBlue apparently did not understand t hat the reference was not a quotation but rather a standard grammatical usage (i.e. , the use of inverted co mmas) for emphasis and to capture a concept. A quotation would have necessitated a citation, which was not provided. The irony is that, despite its current protestations, in its December 19, 2012 response JetBlue in fact took t he position that an award to Southwest would both contravene Congressional in tent and exceed the Department’s discretion. Using direct quotations fr om JetBlue’s filing with respect to Southwest:

 “[G]ranting Southwest’s applica tion to serve Houston ... would be inconsistent with a fundamental Congressional directive.” Id. at 2.

 “Southwest’s proposal is inconsist ent with the stat utory direction that the Department fo ster service to small communities.” Id. at 6- 7.

 “Granting Southwest’s Applic ation would undermine a critical Congressional mandate when enacting AIR-21.” Id. at 18. In short, inverted commas aside, JetBlue did in fact assert that Southwest’s application would contravene congressional intent and exceed the Department’s discretion, and thus the header was entirel y accurate and certainly not egregious.Motion for Leave to File and Surreply of the City of Houston and the Greater Houston Partnership Page 4

WHEREFORE, as before, the Houston Pa rties request that t he Department grant their motion, incorporate the corrections stated above into its deliberations, and award the two slot exemptions at issue in this proceeding to Southwest for DCA-HOU service. Respectfully submitted,

Rachel B. Trinder Jol A. Silversmith ZUCKERT, SCOUTT & RASENBERGER, L.L.P. 888 Seventeenth Street, N.W. Washington, D.C. 20006-3309 (202) 973-7927 (202) 342-0683 (fax) rbtrinder@zsrlaw.com jasilversmith@zsrlaw.com For the City of Houston and the Greater Houston Partnership Dated: January 16, 2013Exhibit HOU-S-101 Statement of Senator Byrd – 145 Cong. Rec. S11911 (October 5, 1999)Exhibit HOU-S-102 Excerpt from Gorton-Rockefeller Amendmen t – 145 Cong. Rec. S 11884 (October 4, 1999)Exhibit HOU-S-103 Excerpt from Statement of Senator Gort on – 145 Cong. Rec. S11852 (October 4, 1999)CERTIFICATE OF SERVICE I certify that on this 16th day of J anuary 2013, a copy of the foregoing was served on the parties named below in accordance with the Department’s Rules of Practice.

Jol A. Silversmith

Ron Ricks Executive Vice President – Chief Legal and Regulatory Officer Madeleine Johnson Vice President – General Counsel Robert W. Kneisley Associate General Counsel Leslie Abbott Senior Attorney Southwest Airlines Co. ron.ricks@wnco.com madeleine.johnson@wnco.com bob.kneisley@wnco.com leslie.abbott@wnco.com Howard Kass Vice President, Legal and Government Affairs Benjamin Slocum Director, Legal and Government Affairs US Airways, Inc. howard.kass@usairways.com benjamin.slocum@usairways.com Jonathan B. Hill J. Parker Erkmann Counsel for JetBlue Airways Corporation jhill@dowlohnes.com perkmann@dowlohnes.com Dan Weiss Managing Director , International and Regulatory Affairs United Continental Holdings, Inc. dan.weiss@united.com John E. Potter President and Chie f Executive Officer Quince Brinkley Vice President and Secretary Metropolitan Washington Airports Authority john.potter@mwaa.com quince.brinkley@mwaa.com Steve Grossman Executive Direct or – Chief Executive Officer Jacksonville Aviation Authority steve.grossman@flyjacksonville.com Mark Kranenburg Director Oklahoma City Department of Airports mark.kranenburg@okc.gov todd.homan@dot.gov susan.kurland@dot.gov esta.rosenberg@dot.gov barbara.hairston@dot.gov info@airlineinfo.com