Hogan Lovells US LLP is a limited liability partnership registered in the District of Columbia. “Hogan Lovells” is an international legal practice that includes Hogan Lovells US 

LLP and Hogan Lovells International LLP, with offices in: Abu Dhabi Alicante Amsterdam Baltimore Beijing Berlin Brussels Caracas Colorado Springs Denver 

Dubai Dusseldorf Frankfurt Hamburg Hanoi Ho Chi Minh City Hong Kong Houston London Los Angeles Madrid Miami Milan Moscow Munich New York 

Northern Virginia Paris Philadelphia Prague Rome San Francisco Shanghai Silicon Valley Singapore Tokyo Ulaanbaatar Warsaw Washington DC Associated 

offices: Budapest Jeddah Riyadh Zagreb. For more information see www.hoganlovells.com

\\DC - 040601/000003 - 3374501 v4 

Hogan Lovells US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

T +1 202 637 5600

F +1 202 637 5910

www.hoganlovells.com

March 28, 2012

Kathryn B. Thomson

Chief Counsel

Federal Aviation Administration

800 Independence Avenue, S.W.

Washington, D.C. 20591 

Re: FAA Exemption No. 7370F (FAA Docket No. FAA-2002-13734)

Republic Airline Inc. 

Dear Ms. Thomson:

Republic Airline Inc. (“Republic”) hereby respectfully requests that the Federal 

Aviation Administration (“FAA”) extend Exemption No. 7370F, issued on June 14, 2010, 

for an additional two-year period. 1 

Exemption No. 7370F grants Republic the right to use exemption slot number 

1497 at Ronald Reagan Washington National Airport (“DCA”) until September 30, 2012. 

All of the public interest justifications that supported the initial grant of Exemption No. 

7370 nearly twelve years ago and its six subsequent extensions (A-F) remain fully valid 

today. Therefore, consistent with prior precedent, the FAA should renew Exemption No. 

7370F and the corresponding slot number 1497.

 

1

The FAA’s letter granting Exemption 7370F stated that if Republic wished to seek a further extension of the 

exemption, it should submit its Petition for extension on or before March 30, 2012. This request for extension is 

timely filed in response to the FAA’s directive.
- 2 - Ms. K. Thomson

March 28, 2012

\\DC - 040601/000003 - 3374501 v4 

In further support of this request, Republic states as follows:

I. Background.

1. The FAA originally awarded DCA slot number 1497 to Braniff Airlines and 

subsequently to America West Airlines. The FAA, however, eventually withdrew it from 

America West for non-use. It remained unused until the FAA granted the Petition of 

Midwest Express Airlines, Inc. for an exemption to use Slot 1497 for a two-year period. 

See Exemption No. 7370, dated October 19, 2000.

2. The FAA has extended the exemption six times – on December 23, 2002 

(No. 7370A) for two years; February 15, 2005 (No. 7370B) for several months; August 

8, 2005 (No. 7370C) for two years; June 25, 2007 (No. 7370D) for two years; July 10, 

2009 (No. 7370E); and June 14, 2010 (No. 7370F) for two years. Midwest was 

acquired by Republic Airways Holdings, Inc. and pursuant to Exemption 7370F the FAA 

transferred the exemption to Republic Airline and extended it for another two years.

3. In each extension, including the most recent one, the FAA concluded that 

“the justification for the issuance . . . remains valid and is in the public interest.”

Republic continues to use the exemption to provide needed DCA service to Midwest 

communities under the Frontier brand. The same public interest considerations 

supporting the previous six extensions apply with equal force to Republic’s current 

extension request.

II. Extension of Exemption No. 7370F Is Fully Justified, In The Public Interest, 

and Consistent With Precedent.
- 3 - Ms. K. Thomson

March 28, 2012

\\DC - 040601/000003 - 3374501 v4 

1. Republic (and, before it, Midwest and Midwest Express) have consistently 

operated slot number 1497 under this exemption for service between communities in 

the under-served Midwest and Washington, D.C., except for the period when DCA was 

closed after the September 11th terrorist attacks. 

2. The exemption slot was initially used by Midwest for a nonstop DCA–Kansas 

City flight. Republic currently uses the exemption slot to provide a nonstop DCA–

Milwaukee flight under the Frontier brand, and will use it for nonstop DCA–Madison 

service starting around June 7, 2012. The FAA Slot Administrator approved a 

temporary change in the time of slot exemption 1497 to 1700 for operational and 

scheduling reasons for the Summer 2012.

3. Republic holds and operates a very limited network of slots and slot 

exemptions at DCA under the Frontier brand, serving Milwaukee, Kansas City, Omaha, 

Grand Rapids, and Madison. Failure to extend the exemption would have a serious 

detrimental impact on Republic/Frontier’s very limited DCA service pattern. 

4. Although slot number 1497 is not tied to any particular DCA destination, 

Republic currently uses the Slot to provide nonstop service under the Frontier brand 

between DCA and Milwaukee. The exemption allows Republic to offer passengers a 

second daily roundtrip and thereby enhance competition between Washington, D.C., 

and Milwaukee,2 where AirTran operates four daily nonstop flights at DCA and 

AirTran/Southwest operates three daily nonstop flights at BWI. 

 

2

Effective April 16, 2012, Frontier will operate a single daily DCA–Milwaukee roundtrip.
- 4 - Ms. K. Thomson

March 28, 2012

\\DC - 040601/000003 - 3374501 v4 

5. Extension of the exemption slot would permit Republic to operate the DCA 

service under the Frontier brand and continue to provide important pro-consumer and 

pro-competition benefits for local and connecting passengers traveling between the 

Nation’s Capital and Milwaukee and to points beyond.

6. On the other hand, failure to extend Exemption No. 7370F would force 

Republic either (i) to eliminate 50% of its current nonstop DCA–Milwaukee roundtrips

(or 100% of its nonstop DCA–Milwaukee service after April 16, 2012), or (ii) in order to 

maintain its current Milwaukee service, to use slots from another city such as Kansas 

City, Omaha or Grand Rapids/Madison. 

7. Taking slots currently deployed for service between DCA and another city

would potentially eliminate 50% of its nonstop DCA–Kansas City flights, or 50% of its 

DCA–Omaha service, or 100% of its Grand Rapids/Madison service. 

8. Either way, if the exemption is not extended and Republic is thereby forced to 

cease using the Slot, it will require Republic to cease a DCA flight with the attendant 

adverse impact on leisure, business, and government passengers, the affected local 

and beyond/behind communities, Republic’s limited DCA network, and inter-carrier and 

inter-hub competition. 

9. Exemption No. 7370F was granted and renewed six times because it was in 

the public interest. Republic continues to use this exemption slot under the Frontier 

brand to benefit Midwest communities as it was intended, and will continue to use the 

exemption to provide important consumer, competitive, and other public benefits. It 
- 5 - Ms. K. Thomson

March 28, 2012

\\DC - 040601/000003 - 3374501 v4 

would also continue to support DCA’s operational efficiency without negatively affecting 

safety. Accordingly, extension of the exemption continues to be in the public interest. 

III. Conclusion.

Republic requests that the FAA extend the termination date of Exemption No. 

7370F for an additional two years or such period as the FAA may deem appropriate. 

Republic agrees to the conditions and limitations in Exemption No. 7370F as part of any 

renewal or extension of this Exemption.

Sincerely yours,

______________

Robert E. Cohn

Patrick R. Rizzi

Counsel for 

Republic Airline Inc.