The 2012 pwa allows rah to place up to 9 pro-rate 44 seaters in service, which are exempt from the cap. NWA ordered 36 ERJ-175's with options for 36 more. We are still holding those options. 4 are available to Delta as early as 2013, 18 in 2014, and the remaining after 2014.

Where are you getting the 44 717 number? I'm not aware of any such requirement. The trigger is that the company first establishes a new fleet of narrow body aircraft (1 76 seater for every 1.25 717's), and secondly reduces 50 seaters IAW a scale in 1.b.46.f.