OST-99-5475 / Sioux City, Iowa / High Density Rule - Chicago O'Hare / Answer of Atlantic Coast Airlines / April 16, 1999

 

Application of the Community of

Sioux City, Iowa / Docket OST-99-5475

for an exemption from 14 C.F.R., Part 93, Subparts K and S, 49 U.S.C. § 41714 as to allow non-stop service to Chicago O'Hare Airport

 

ANSWER OF ATLANTIC COAST AIRLINES

 

With the issuance of DOT Order 99-3-12, many communities, the first being Sioux City, Iowa, have applied for an exemption from the FAA's High Density Airport Rule (Subparts K and S of Part 93 of the Federal Aviation Regulations) to enable the applicant communities to gain access to Chicago's O'Hare International Airport. Atlantic Coast Airlines, operating as United Express, hereby answers the application of Sioux City in Docket OST-99-5475 and states as follows:

ACA is well aware of the air transportation needs of small and medium-sized communities that lack nonstop service to the nation's premier mid- continent airport hub. Hence, in December, 1997, ACA applied to serve six such communities and to link them to O'Hare with ACA's new fleet of 50-seat Stage 3 regional jet aircraft. /*1 By Order 98-4-21, the DOT awarded ACA 16 exemption slots with which to serve Charleston, West Virginia, Springfield,

*1 By amendment dated December 30, 1997, ACA sought permission to serve O'Hare from a seventh city -- Springfield/Branson, Missouri.

 

Missouri and Wilkes Barre-Scranton, Pennsylvania. Since then, the DOT transferred to ACA 10 additional slots previously used by another United Express carrier with which to link Fargo and Sioux Falls to O'Hare and upgrade service in the market from turboprop to regional jet equipment. Order 98-10-28. Finally, and just last month, the DOT awarded three slots to Savannah/Hilton Head with which the carrier of the communities' choice would serve O'Hare. Order 99-3-12. ACA is that carrier and on May 17, 1999, ACA will inaugurate nonstop Savannah/Hilton Head-O'Hare flights with two daily round trip flights.

With its experience at O'Hare providing regional jet service, ACA, perhaps more than others, understands the need for smaller community access to O'Hare, the economics of offering regional jet service, including the service stimulation generated by regional jets, and the potential for the generation of local and connecting traffic. Building on its knowledge and experience, ACA welcomes the opportunity to offer communities the type and variety of dependable air service that is vital to their economic development and well being. ACA wants to continue to participate in this process and only wishes that it can do so without regard to the slots restraints placed on O'Hare and other high density airports.

Until the announcement on Monday, April 12 by American Eagle that it was forsaking its commitment to the communities of Montgomery, Alabama and Shreveport, Louisiana by giving up eight O'Hare exemption slots previously awarded to it, ACA was of the view that community filings like that of Sioux City could not be considered on their merits because the DOT lacked any exemption slots to award based on the limits of the environmental assessment performed by the Department. The DOT previously analyzed the award by exemption of 60 O'Hare slots, only one of which remained to be awarded until the actions of American Eagle.

With the possibility of additional awards once again open, ACA urges the Department to systematically consider the desires of communities and air carriers for improved access to O'Hare. This should be accomplished by establishing a procedural schedule for the submission of applications for O'Hare exemption slots. Whatever the merits of the Sioux City application, it should not be viewed in a vacuum. Already one carrier and four other communities have filed applications for O'Hare exemption slots. Likewise, ACA will file to gain additional needed access for other communities.

The process by which the DOT sets procedural dates has the distinct advantage of putting all interested parties on notice to file by a date certain. The alternative, already being experienced, is wave after wave of both community and air carrier applications, with varying answer dates. Later filed applications typically generate argument about whether the DOT should or should not grant simultaneous consideration and the application of the Ashbacker doctrine. Such procedural issues can be avoided by establishing procedural dates by which all applications and replies must be filed in order to permit the prompt selection of worthy communities and carriers for improved access to O'Hare. Avoiding unnecessary and unauthorized rounds of procedural and substantive pleadings will be administratively more efficient and conducive to the ends of justice.

Accordingly, ACA urges the Department to defer consideration of the application of Sioux City at this time. Rather, its application should be consolidated with all others that have been or will be filed in accordance with further Order of the Department.

 

Respectfully submitted,

BAGILEO, SILVERBERG & GOLDMAN, L.L.P.

Attorneys for ATLANTIC COAST AIRLINES

By:

Robert P. Silverberg

April 16, 1999