BEFORE THE

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

________________________________________________

 )

Application of )

 )

DELTA AIR LINES, INC. )

 ) Docket No. FAA-2015-3932

for an exemption )

from 14 C.F.R. Part 93.123 )

(Lansing, Michigan – Washington, D.C.) )

________________________________________________)

ANSWER OF JETBLUE AIRWAYS CORPORATION

Communications with respect to this document should be addressed to:

James G. Hnat Evelyn D. Sahr

Executive Vice President Drew M. Derco

 General Counsel & Government Affairs Reese Davidson

Eckert Seamans Cherin & Mellott, LLC 

Robert C. Land 1717 Pennsylvania Ave., N.W.

Senior Vice President Government Twelfth Floor

Affairs & Associate General Counsel Washington, D.C. 20006

 Tel: (202) 659-6600

Adam L. Schless Fax: (202) 659-6699

Director, Aircraft Transactions &

International Counsel Counsel for JetBlue Airways Corporation

 

JetBlue Airways Corporation October 19, 2015

1212 New York Avenue, N.W.

Suite 1212

Washington, D.C. 20005

Tel: (202) 715-2557
BEFORE THE

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

________________________________________________

 )

Application of )

 )

DELTA AIR LINES, INC. )

 ) Docket No. FAA-2015-3932

for an exemption )

from 14 C.F.R. Part 93.123 )

(Lansing, Michigan – Washington, D.C.) )

________________________________________________)

ANSWER OF JETBLUE AIRWAYS CORPORATION

JetBlue Airways Corporation (JetBlue) hereby answers in opposition to Delta’s petition for 

an exemption and incorporates by reference its filings in opposition to American’s related 

exemption request in Docket FAA-2015-3491. JetBlue opposes Delta’s petition for the same 

reasons it opposes American’s petition, namely that a grant of an exemption in these circumstances 

is contrary to Federal Aviation Administration (FAA) precedent and inconsistent with the 

Ashbacker doctrine. 

In its response to American’s petition, Delta itself questioned whether DCA incumbents 

such as American and Delta even qualify for the exemption relief sought.

1

 Delta also correctly 

noted that exemption grants in these circumstances “would render the HDR [High Density Rule] 

1 Delta stated that “it is unclear whether the exemption relief granted by FAA to Sun Country as a new entrant at DCA 

is available to DCA incumbents.” Application of Delta Air Lines, Inc. at 1, September 15, 2015.

1

 
meaningless” and that due process compelled the FAA to make an award “based on full 

consideration of competing applications.”2 

Finally, Delta, like American, has a large portfolio of historic DCA slots with which it 

could start DCA-Lansing service at any time. In fact, Northwest Airlines operated DCA-Lansing 

shortly before its merger with Delta in 2008. After its merger with Northwest, Delta abandoned 

many DCA slots that were previously used for service to communities such as Lansing, but 

nonetheless Delta remains the second largest slot holder at DCA after American with around 50 

daily departures. The FAA should not now replenish Delta’s DCA slot portfolio after Delta chose 

to sell many of its DCA slots to US Airways/American in 2009. 

For these reasons, as more fully explained in JetBlue’s filings in Docket FAA-2015-3491, 

JetBlue opposes Delta’s petition for an exemption and urges the FAA to deny Delta’s request.

Respectfully submitted,

Evelyn D. Sahr

Drew M. Derco

Reese Davidson

Eckert Seamans Cherin & Mellott, LLC

October 19, 2015 Counsel for JetBlue Airways Corporation

2 Answer of Delta Air Lines, Inc. at 2 and 4, September 15, 2015, Docket FAA-2015-3491.

2