Gar y R. Hubbard , DD S 

Cosmetic ^ famifij "DenMry ,.j,;il|g[g 

February 12.2012 ?;,7 j ^^ , ^ 

Docket Management Facility 

U.S. Department of Transportation, 

1200 New Jersey Avenue SB., 

West Building Ground Floor, Room W12-140, 

Washington, DC 20590. 

Re: Sun Countr> Slot Exemption - Docket Number FAA-2012-0089 

Ladies and Gentlemen: 

-' :^:oo 

Sun Country Airlines has requested an exemption from the slot limit for Ronald Reagan 

Washington National Airport (DCA) set forth in § 93.123(a), to permit the FAA to create 

air carrier slots during certain limited hours for Sun Country's use. The proposed air 

carrier slots would replace two slot exemptions under DOT Order 2010-12-16 awarded to 

Sun Country. On January 6, 2012, the United Stales Court of Appeals for the District of 

Columbia Circuit vacated the DOT Order, and Sun Country will lose its existing service 

between DCA and Lansing's Capital Region International Airport. Specifically, Sun 

Country desires one daily slot during each of the 1000 and 1100 hours. The proposed 

exemption would permit Sun Country to continue operating its existing services and 

avoid an inequitable result of the Court's order. They have 1 am sure, invested 

considerable resources in fijnding and operating this route. 

1 have read the history of this situation and can certainly understand Republic's desire to 

re-acquire the exemptions from a business standpoint. It is important to note that 

Republic, through their subsidiaries Midwest and/or Frontier offer no service from 

Lansing. They currently already have service from Kansas City. While the FAA must 

comply with the court order, I hope that an accommodation for an exemption can be 

extended to Sun Country for the reasons 1 detail below. 

—^ The-Sun-Country-D(rA-serviceis essential to-the economic growth-ot-the-Greater-Lansing 

Region. As an example, Lansing is the capital city of Michigan and there are many 

business. Ie^isla^ive. and personal reasons for convenient travel to Washington, DC. My 

personal issues include the fact that my son attends Georgetown University. My wife and 

1, and he himself use this flight numerous times each year as a result of this. 

Additionally, from a business standpoint, I will be attending a professional conference^ 

this May in the DC area and will be taking two of my staff members. It is a MAJOR 

inconvenience in terms of time and expense to have to travel to Detroit. Additionally, I 

have a professional colleague who travels to address legislative issues affecting our 

\ profession with our Senators (Stabenow and Levin) and also Representative-'Rogers. I 

\ cannot help but believe numerous others in the center of our state government share this 

\ opinion. 

American Academy of Cosmetic Dentistry''' 

ACCREDITED MEMBER 

3515Coolidge,SuiteC • East Lansing, Ml 48823 • 517.332.2422 • GRHubbardDDS@aol.com • www.GRHubbardDDS.com 
The daily service is the only large aircraft (737-800) service to Washington Reagan 

Airport, in the state of Michigan outside of Detroit. Prior to Sun Countr>', the regional 

community had requested the introduction of this service from numerous other airline 

operators without success. As a matter of history, the capital city of Michigan has been 

sporadically and inconsistently served by the defunct Independence Air which left the 

Lansing market in January 2005, and the former Northwest, which cancelled their Route 

in January 2006. Sun Countrj' has safely and efficiently operated this service since its 

inception. This is a very popular route, every time 1 have been on this flight it is at 

capacity or nearly so. 

Accordingly, it is critical that the FAA take the necessary steps to ensure the continuation 

of the Sun Countr\' slots at the established flight times in support of Greater Lansing's 

business and economic growth. 1 have included as an attachment a letter from John 

.Frederickson of.Sun.Countr>Lto_Ms. MacPhcrson detailing his request. I wholly concur 

with the context of this correspondence. "^ 

In summary, based on the logic of my facts above, I implore you to institute immediate 

approval of this exemption, so that Sun Country can begin to enter flights schedules for 

sale for the balance of 2012. It will be greatly appreciated. 

Sincerely^ 

^ a ^ /^//oc-^U^^^ ^ 

Gary R Hub^rd DDS 

Enc: Letter from Sun Countrv to Ms. MacPhcrson 
sun country 

airlines 

January 26, 2012 

Rebecca MacPherson, Esq. 

Assistant Chief Counsel for Regulations 

Federal Aviation Administration 

800 Independence Ave. SW 

Washington, DC 20591 

Re: Petition for Exemption: Docket No. FAA- 2012-

DearMs. MacPhcrson: 

Pursuant to 14 C.F.R. Part 11, MN Airlines, LLC dba Sun Country Airlines (Sun 

Country) hereby petitions the Federal Aviation Administration (FAA) for an exemption 

from 14 C.F.R. 93.123. and from any other relevant regulation (or statute), to the extent 

necessai-y to penmit Sun Country to continue its flight operations at Ronald Reagan 

Washington National Airport (DCA). The exemption is necessary to avoid the cessation 

of valuable service between Lansing, Michigan and DCA. 

As required by 14 C.F.R. 11.81(0, a summary for publication in the Federal Register is 

attached. 

Background 

By DOT Order 2010-12-16 dated December 10, 2010, the Department of Transportation 

allocated two within-perimeter slot exemptions at Ronald Reagan Washington National 

Airport (DCA) to MN Airlines, LLC dba Sun Country Airlines (Sun Country). Pursuant 

J o the.Order..Sim.CQuntrv.commenced round.trip.seryice.between Lansmg,_Mjchigan 

(LAN) and DCA on April 1, 2011. The slots awarded to Sun Country were in the 1100 

and 1400 hour time periods, but Sun Country has operated its flights at DCA in the 1000 

and 1100 hour time period pursuant to a slot trade with another airline. 

This request for exemption is necessary as a result of the receot decision of the U.S. 

Court of Appeals for the District of Columbia Circuit in Republic Airlines. Inc. v. United 

States Department of Transportation: No.l 1-1018 dated Januarv 6. 2012. The Court 

vacated DOT Order No. 2010-12-16, and thereby ordered the return of two DCA slots to 

Republic Airlines. U is important to note that Sun Country was not a party to the 

Republic Airlines. Inc., case, and the Court's decision was not related in any way to Sun 

Country's performance under the High Density Rule. In order to relum the two slots to 

Republic, and ensure that Sun Country can continue to provide the existing beneficial 

1300 Mendota Heights Road, Mendota Heights, MN 55120 

Corporate Headquarters 651.661.3900 Reservations 800.359.6786 Fax 651.681.3901 
Request for Exemption 

Page Two 

service from Lansing to DCA, additional slots must be authorized tluough this exemption 

proceeding. Specifically, Sun Country requests one daily slot during each of the 1000 

and 1100 hours, so as to continue its current service pattern in the LAN-DCA market. 

Consumer Benefits 

The introduction of Sun Country Airlines service on the LAN-DCA route has been 

extremely beneficial to the consumers in that market. According to DOT data for the 

,-third.quarter.of.20I.l ,Jhe.averafie fare on.thatroute has decreased by 26% year^e r year, 

and the number of daily passengers on the route has risen by 156%. See Attachment A. 

Sun CounU-y has proven that a new entrant cairier at DCA can successfully compete, 

even with this very limited slot availability, and even in a new entrant market. In addition 

to the competitive benefits enjoyed by consumers in the Lansing metropolitan area, the 

service has provided additional benefit to consumers in Minneapolis-St. Paul. The LANDCA service connects with daily service in the LAN-MSP market, providing citizens of 

Minneapolis-St. Paul with a low fare alternative to the non-stop service provided to DCA 

by Delta Air Lines. 

Grant of the Exemption Would Prevent an Inequitable Result 

Sun Country applied for the within-perimeter slot exemptions during the August 2010 

reallocation proceeding based on the good faith belief that the carrier who was awarded 

the slots could utilize them on a going forward basis without concern for future 

cancellation of the slots. Once awarded the slots. Sun Country invested over $500,000 in 

advertising, marketing and startup costs associated with introduction of the LAN-DCA 

service. In addition, the Lansing Airport and the surrounding regional authorities made 

substantial economic investments in the introduction of the new service. Absent a grant 

of this exemption request, those investments would be wasted, despite the public 

consumer support for the service. 

The FAA^has granted Similar exemptions in the pastrwhere the service loTparticulaT^ 

market depended entirely on an availabiUty of appropriate slots, and the slot availability 

is being lost through no fault of the carrier. See e.g.. Exemption No. 10063, Docket No. 

FAA-2010-0101, granted to Air Canada, May 10, 2010. 

Public Interest 

Without the exemption. Sun Country will be forced to terminate service between LAN 

and DCA. Lansing will no longer have direct air access to DCA, and those passengers 
Request for Exemption 

Page Three 

who use Sun Country connecting service through LAN will lose that option as well. Sun 

Country currently offers scheduled service for sale on the LAN-DCA-LAN route only 

through the end of April, due to the Republic Airlines, Inc. decision, and pending a 

decision by the FAA on this Application for Exemption. Summer season sales in the 

market are largely dependent on availability for sale as soon as possible. Further 

delay in the ability to offer the niavket for sale will result in significant negative financial 

impact, on both Sun Country and on its customers. 

No Adverse Effect on Safety iNu Avuvcrbc niicc i on oarciy _ _ _ _ _ 

Granting this exemption would not adversely affect safety. The exemption merely allows 

Sun Country to continue to operate the existing safe service into and out of DCA that it 

has been providing since April of 2011. 

Conclusion 

For the reasons described above, MN Airlines, LLC dba Sun Country Airlines 

respectfully requests that the FAA grant this Application for Exemption, with an award of 

slots in the 1000 and 1100 time period, so as to avoid any interruption of the currently 

operating LAN-DCA-LAN service. 

Re^pectiiilly submitted. 

Jcmh S. Fredericksen 

Vice President and General Counsel 

cc: Rob Hawks, Esq. 

FAA Office of Chief Counsel