Served: February 17, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C. 

ESTABLISHMENT OF SLOT EXEMPTION PROCEEDING 

PURSUANT TO 49 U.S.C. § 41718(b) 

Docket OST-2000-7182

NOTICE 

On December 6, 2004, pursuant to the provisions of the Wendell H. Ford Aviation 

Investment and Reform Act for the 21st Century (AIR-21), as amended by the Vision 100 

– Century of Aviation Reauthorization Act of 2003, P.L. 108-176 (Vision 100),1 the 

Department of Transportation issued Order 2004-12-6 granting two slot exemptions at 

Ronald Reagan Washington National Airport (DCA) for service inside the 1,250-mile 

perimeter to Atlantic Southeast Airlines, Inc. d/b/a Delta Connection (ASA) to provide a 

daily nonstop round trip to Jackson-Evers International Airport (JAN) in Jackson, 

Mississippi. 

By letter dated December 28, 2011, Delta Air Lines, Inc. informed the Department that 

ASA’s operation of the DCA-JAN service will cease effective March 2, 2012.

To minimize inconvenience to the traveling public using the DCA-JAN service, on 

January 25, 2012, the Department issued Order 2012-1-19 granting US Airways Inc. 

temporary authority to operate the slot exemptions for DCA-JAN service until such time 

as the Department grants long-term authority to operate the two slot exemptions pursuant 

to a reallocation proceeding and the selected carrier initiates service. As we stated in 

Order 2012-1-19, this grant of temporary authority is made without prejudice to our

decision in this proceeding.

Proceeding

Due to ASA’s discontinuation of the DCA-JAN service, the Department requests

applications from air carriers using Stage 3 aircraft for the two Vision 100 slot 

exemptions previously granted to ASA. Applicants must propose to provide service to 

DCA from airports that were designated as medium hub, small hub or nonhub airports in 

 

1 See 49 U.S.C. § 41718(b).
19972 within the 1,250-mile perimeter established for civil operations at DCA under Title 

49 U.S.C. § 49109. Applications should be filed in Docket DOT-OST-2000-7182.3 

The selection criteria applicable to grant the slot exemptions are found in Title 49 U.S.C. 

§ 41718(b), which directs the Secretary to distribute within-perimeter slot exemptions in 

a manner that promotes air transportation: (1) by new entrant air carriers and limited 

incumbent air carriers;4 (2) to communities without existing nonstop air transportation to 

DCA; (3) to small communities; (4) that will provide competitive nonstop air 

transportation on a monopoly nonstop route to DCA; or (5) that will produce the 

maximum competitive benefits, including low fares.

Further, Title 49 U.S.C. § 41718(c)(3) specifies additional requirements governing the 

grant of within-perimeter slot exemptions related to airport size, stating that “[o]f the 

exemptions granted under 49 U.S.C. § 41718: (A) without regard to the criteria contained 

in subsection (b)(1), six shall be for air transportation to small hub airports and nonhub 

airports; (B) ten shall be for air transportation to medium hub and smaller airports; and 

(C) four shall be for air transportation to airports without regard to their size.” Under that 

provision, then, a maximum of four slot exemptions may be used to serve large hubs.

The proceeding under which the Department granted ASA the slot exemptions for the 

DCA-JAN service categorized the slot exemptions as available for medium hub and 

smaller airports. See Order 2004-12-6. All large hub opportunities have been allocated. 

In addition, only six of the ten within-perimeter slot exemptions allowable under Title 49 

U.S.C. § 41718(c)(3) are currently allocated for service to medium hubs. Therefore, to be 

responsive to this request and eligible for award, carriers must propose service with Stage 

3 aircraft to a medium hub or smaller airport within the 1,250 perimeter.

At a minimum, carriers should include in their applications the market to be served, the 

aircraft type, a schedule showing proposed times, and an approximate start-up date. 

Completed applications must be filed in Docket DOT-OST-2000-7182 by March 5, 2012,

and comments with respect to any timely filed request for slot exemptions must be filed 

by March 20, 2012. 

 

2 Definitions of nonhub, small hub, and medium hub airports are provided under Title 49 U.S.C. § 41714 

(h)(7), (8), and (9), which requires that hub classifications be based on the Federal Aviation 

Administration’s Primary Airport Enplanement Activity Summary for Calendar Year 1997.

3 Title 49 U.S.C. § 41718(c)(3), incorporating amendments made by Vision 100, authorizes the Department 

to award a total of 20 within-perimeter slot exemptions. Of these, ten may be allocated to medium hubs or 

smaller airports. See 49 U.S.C. § 41718(c)(3)(B).

4 A new entrant carrier or limited incumbent carrier is an air carrier that holds or operates fewer than 40 

slots at DCA. See 49 U.S.C. § 41714(h)(3), (5), as amended by the FAA Modernization and Reform Act of 

2012, Pub. L. No. 112-95, 126 Stat. 11 (Feb. 14, 2012).
As a final matter, the Department notes that ASA’s currently allocated slot times for its 

nonstop DCA-JAN service are both in the 1300 hour period. Section 41718(c)(2)

prohibits the Department from assigning more than three slot exemptions per one hour 

period. Almost all time periods are fully subscribed, and, thus, the Department may not be 

able to accommodate carrier requests for alternative slot exemption times. 

We will serve a copy of this notice on all certificated air carriers, the Metropolitan 

Washington Airports Authority, and the Federal Aviation Administration’s Slot 

Administration office. 

By:

Susan L. Kurland

 Assistant Secretary for 

Aviation and International Affairs

Dated: February 17, 2012

(SEAL)

An electronic version of this document will be available on the World Wide Web at:

http://dms.dot.gov/