	Served: March 25, 2003

	

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.



------------------------------------------------------------

Application of Republic Airline, Inc. 

d/b/a Republic Airlines 

for a certificate of public convenience and necessity under 49 U.S.C.
41102

Docket OST-03-14579

------------------------------------------------------------

NOTICE PROVIDING ACCESS TO DOCUMENTS

On February 24, 2003, Republic Airline, Inc. d/b/a Republic Airlines
filed the subject application for a certificate to engage in interstate
scheduled passenger operations using 50-seat Embraer EMB-145 aircraft. 
Certain of the information filed in support of this application was
accompanied by a motion under 14 C.F.R. 302.12 (Rule 12) of our
regulations requesting confidential treatment.  Republic Airlines
maintains that the documents for which confidential treatment is sought
are proprietary, commercially sensitive, and confidential in nature and,
therefore, qualify for being withheld from public disclosure.  

Republic Airlines does not hold any authority at this time.  It is,
however, a sister company to Chautauqua Airlines, Inc., a commuter air
carrier, as both companies are wholly owned subsidiaries of Republic
Airways Holding, Inc. (RAH).  The scheduled passenger operations
proposed by Republic Airlines will be conducted under the trade name
“US Airways Express” pursuant to a Regional Jet Service Agreement
between US Airways and Republic.  

On March 3, 2003, the International Brotherhood of Teamsters, Airline
Division (IBT), the certified representative of the pilots of
Chautauqua, filed a notice of appearance and request for service of
documents, as well as affidavits of confidentiality for two members of
IBT’s counsel.  The affidavits filed indicated that the IBT desired
access to the documents filed under seal in Docket OST-03-14579.  This
access was desired because the IBT, as the representative of
Chautauqua’s pilots, is an interested party to this proceeding. 
Further, these affidavits indicated that the counsel seeking access
(William R. Wilder and Ernest E. Sowell) would use the information
gained from viewing the confidential documents only for the purpose of
participating in this proceeding and would not disclose this information
to any person who has not also signed a confidentiality affidavit.

To date, no response to this request has been filed by Republic
Airlines.  

The Department has not yet reviewed the subject documents with respect
to the question of confidentiality.  However, in order to afford parties
of interest in this docket prompt access to these documents, we will
grant, under conditions set to maintain appropriate confidentiality,
immediate interim access to the documents listed below by William R.
Wilder and Ernest E. Sowell (the IBT counsel signing the affidavits
submitted), or other interested parties who file appropriate
confidentiality affidavits.  The Affiants must understand and agree that
any pleading or other filing that includes or discusses information
contained in the covered documents must itself be accompanied by a Rule
12 motion requesting confidential treatment.  The documents at issue may
be examined by the Affiants at the Department of Transportation Dockets
location.  The parties will also be permitted to make copies of the
documents for use by persons who have filed confidentiality affidavits. 
We also find it appropriate to grant interim access to any subsequent
materials that may be filed in this docket under a Rule 12 motion to
counsel and outside experts for interested parties who file appropriate
affidavits with the Department in advance, unless the party filing the
motion objects.

Affiants must present a stamped copy of the affidavit filed with the
Department of Transportation before examination of the document. 
Immediately after the completion of any judicial review of our final
decision in this docket, or the expiration of the 60-day period within
which a person may petition for judicial review, all persons who have
filed confidentiality affidavits in this proceeding are hereby directed
to file a further affidavit stating that all copies of the documents
have been destroyed or returned to the Department of Transportation.

We will serve a copy of this notice on each of the parties in this
proceeding.

By:

READ C. VAN DE WATER

Assistant Secretary for Aviation

and International Affairs

Date: March 25, 2003

An electronic version of this document is available on the World Wide
Web at

http://dms.dot.gov

SERVICE LABELS FOR NOTICE

THOMAS M HANLEY					ERNEST E SOWELL ESQ

PRESIDENT & COO 					GENERAL COUNSEL

REPUBLIC AIRLINE INC 				TEAMSTERS LOCAL 747

2500 S HIGH SCHOOL RD  STE 92			1419 FM 1960 ROAD

INDIANAPOLIS IN  46241				HOUSTON TX  77073

ROBERT E COHN					WILLIAM R WILDER

SHERYL R ISRAEL					BAPTISTE & WILDER

CNSL FOR REPUBLIC AIRLINE INC			1150 CONNECTICUT AVE NW

SHAW PITTMAN LLP					SUITE 500

2300 N STREET NW					WASHINGTON DC  20036

WASHINGTON DC  20037				

 	Under Rule 12, Republic Airlines requested confidential treatment for
the following documents: (1) Exhibit 3 which contains resumes and
compliance information for two future key technical employees; (2)
Exhibit 4 which contains information regarding the ownership of the
applicant; (3) Exhibit 7 which contains financial information for the
applicant’s parent; (5) Exhibit 9 which sets forth the tentative
aircraft delivery schedule; (5) Exhibit 15 which contains Republic
Airlines’ forecast income statement and balance sheet; (6) Exhibit 16
which contains information on Republic Airlines’ ability to meet the
Department’s financial fitness criteria with respect to the
applicant’s proposed charter operations; and (7) Exhibit 19 which
consists of the Republic-US Airways Regional Jet Service Agreement.

 	Chautauqua’s effective authority was issued by Order 81-7-42 on July
8, 1981.  Chautauqua uses a mixed fleet of Embraer aircraft having a
capacity of 37-50 passenger seats to conduct scheduled passenger
operations under the trade names “Delta Connection,” “American
Connection,” “America West Express,” and “US Airways Express.”
 

 	While Republic intends to conduct all of its scheduled passenger
operations pursuant to the noted Regional Jet Service Agreement, it has
also indicated that it intends to conduct limited charter operations
independent of this agreement.

 	We will rule on the merits of the Rule 12 motion at a later date. 

 	We expect all affidavits to state, at a minimum, that (1) the affiant
is counsel for an interest party or an outside independent expert
providing services to such a party; (2) the affiant will use the
information only for the purpose of participating in this proceeding;
and (3) the affiant will disclose such information only to other persons
who have filed a valid affidavit in Docket OST-03-14579.  Affidavits
must be filed in Docket OST-03-14579 with the Department of
Transportation Dockets, Room PL-401, 400 Seventh Street, S.W.,
Washington, D.C. 20590.

 	This procedure is also consistent with earlier determinations.  See
Notice dated March 21, 2002, Docket OST-2002-11842 (Delta-KAL-Air
France-Alitalia-CSA request for approval of and antitrust immunity for
Alliance Agreements); Notice dated September 11, 2001, Docket
OST-2001-10387 (American Airlines-British Airways request for approval
of and antitrust immunity for an Alliance Agreement); and Notice dated
March 5, 2003, Docket OST-2002-13089 (In the matter of the citizenship
of DHL Airways, Inc.)

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