BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Applications of

AMERICAN AIRLINES, INC.

DELTA AIR LINES, INC.

HAWAIIAN AIRLINES, INC.

in the matter of 2010 U.S.-Haneda

Combination Services Allocation Proceeding

Docket DOT-OST-2010-0018

ANSWER OF AMERICAN AIRLINES, INC.

TO ORDER 2015-3-17

Howard Kass 

Vice President – Regulatory Affairs

Robert A. Wirick

Managing Director, Regulatory and 

International Affairs

Abigail Donovan

Director, Congressional and Federal Affairs

American Airlines, Inc.

1101 17th Street, N.W.

Washington, DC 20036

(202) 326-5153

howard.kass@aa.com

robert.wirick@aa.com

abigail.donovan@aa.com

April 6, 2015
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Applications of

AMERICAN AIRLINES, INC.

DELTA AIR LINES, INC.

HAWAIIAN AIRLINES, INC.

in the matter of 2010 U.S.-Haneda 

Combination Services Allocation Proceeding

Docket DOT-OST-2010-0018

 April 6, 2015

ANSWER OF AMERICAN AIRLINES, INC.

TO ORDER 2015-3-17

American Airlines, Inc. (“American”) hereby answers Order 2015-3-17 (“Order”), in 

which the Department of Transportation (“Department”) tentatively determined that Delta Air 

Lines, Inc. (“Delta”) should retain the U.S.-Haneda slot pair currently allocated to it for daily 

year-round scheduled service between Seattle and Tokyo’s Haneda Airport, subject to conditions

and reporting requirements set forth therein.

I. American Strongly Supports the Conditions Imposed by the Department and 

Stands Ready to Commence Daily Haneda Service within 60 Days

American wishes to thank the Department for its thorough consideration of the difficult 

issues involved in this proceeding. American recognizes the significant challenge the 

Department faced in balancing competing interests. While American would have preferred to 

begin Haneda service, American accepts the Department’s tentative decision, provided that the 

conditions and requirements proposed to be placed on Delta’s retention of the slot pair are 

imposed in the Final Order and not diminished in any way. 
2

American applauds the Department’s decision to impose safeguards on Delta’s use of this 

particular slot pair to ensure that Delta provides the “daily year-round service” it promised 

between Seattle and Haneda.

1

 This includes Delta’s requirement to obtain a waiver for nonoperation, a quarterly reporting requirement regarding slot pair utilization, and the Department 

specifying that Delta’s authority to operate the slot pair automatically expires if the slot pair is 

not used.

American strongly supports the Department’s two-year tentative designation of American 

as the backup carrier to serve Haneda, and stands ready to implement Los Angeles-Haneda 

service within 60 days of its backup award being activated, ensuring continuity of service and 

maximization of the public benefits associated with this slot pair.

II. The Department’s Proposed Conditions are the Minimum Required to 

Ensure Delta Uses its Seattle-Haneda Slot Pair

Undoubtedly, Delta will request the Department eliminate or reduce these necessary 

safeguards on its use of the Seattle-Haneda slot pair. The more Delta protests these safeguards, 

the more skeptical the Department should be of Delta’s willingness to abide by its daily yearround service commitment.

American urges the Department not to dilute its proposed conditions, and not to yield to

any Delta threat of litigation.2 Given Delta's history with regard to this slot pair, the proposed 

conditions are the minimum required to ensure that either (i) Delta actually provides daily year-

 

1

Response of Delta to Evidence Request, January 5, 2015, Docket DOT-OST-2010-0018, p. 2. See also Delta Press 

Release, “Delta Issues Statement on DOT Tentative Decision on Haneda Slots”, March 27, 2015 (“Delta will 

operate year-round, nonstop flights between Seattle and Haneda....”) available at http://news.delta.com/2015-03-27-

Delta-issues-statement-on-DOT-tentative-decision-on-Haneda-slots.

2

Should Delta pursue its current litigation or initiate new litigation over this proceeding, the Department can be 

assured of American’s support for the Department’s position. Indeed, American has already filed to intervene in the 

current litigation. (See Motion of American Airlines, Inc. for Leave to Intervene, filed on March 27, 2015, in the 

case of Delta Air Lines, Inc. v. U.S. DOT, March 13, 2015, D.C. Cir.)
3

round service between Seattle and Haneda or (ii) this scarce resource is automatically, and 

without delay, reallocated in an economically efficient and consumer friendly way. Delta’s past 

actions with this slot pair warrant nothing less, and American will vigorously object to any 

diminution of the Department’s proposed conditions and safeguards.

American also endorses the Department’s proposed reservation of its right, “on its own 

initiative and without hearing, to activate the backup award” to American in the event of “any

repeated pattern of non-performance, or of waiver requests seeking to justify non-performance”

by Delta.3 This proposed condition protects consumers should Delta attempt to circumvent 

compliance. American urges the Department to strictly apply this condition upon 

implementation.

III. American Will Continue to Seek Haneda Access

American remains the only U.S. global airline that cannot provide its own service to 

Haneda – the most important airport in one of the most important countries in Asia. American 

has less Asia service than Delta and United, and gaining greater access to Asia remains a top 

priority for American.4

American’s disappointment in not gaining Haneda access in this proceeding is heightened 

by Delta’s efforts to impede liberalized access to Haneda for any carrier except itself. American

calls upon the Department to move beyond Delta’s past efforts to block liberalized Haneda 

access, and promptly renew formal negotiations with the Government of Japan to secure Haneda 

access for American. Further liberalization will enable American to compete with the U.S. 

 

3 Order, p. 9.

4

See Answer of American Airlines, Inc., January 5, 2015, Docket DOT-OST-2010-0018, Exhibits AA-T-1 and AAT-2.
4

airlines currently serving Haneda, and provide the benefits the Department’s Order specifically 

recognized American’s service would produce.5

IV. Conclusion

The Department has thoroughly considered the issues in this proceeding and the need to 

ensure a scarce resource is used to benefit consumers. While American would have preferred to 

start Haneda service, American supports the Department’s tentative decision in Order 2015-3-17, 

provided American remains the backup carrier, and the conditions and requirements proposed 

therein are made final without relaxation. American also urges the Department to expeditiously 

begin negotiations with Japan to secure additional Haneda access. 

Respectfully submitted,

Howard Kass

Robert A. Wirick

Abigail Donovan

 

5

See Order, p. 7, 9.
CERTIFICATE OF SERVICE

I, Abigail Donovan, certify that, on April 6, 2015, I caused to be served a copy of the 

foregoing Answer of American Airlines, Inc. by email upon those addressees listed below:

paul.gretch@dot.gov (DOT)

brian.hedberg@dot.gov (DOT)

brett.kruger@dot.gov (DOT)

todd.homan@dot.gov (DOT)

peter.irvine@dot.gov (DOT)

englets@state.gov (Dep’t of State)

cristinasa@state.gov (Dep’t of State)

eugene.alford@ita.doc.gov (Dep’t of Commerce)

ejames@jamhoff.com (Allied Pilots Association)

seth.waxman@wilmerhale.com (Delta)

sascha.vanderbellen@delta.com (Delta)

chris.walker@delta.com (Delta)

Mike.Donatelli@alpa.org (Delta MEC/ALPA)

john.s.duncan@faa.gov (FAA)

jhill@cooley.com (Hawaiian)

perkmann@cooley.com (Hawaiian)

Robert.Lamansky@hawaiianair.com (Hawaiian)

glindsey@lawa.org (Los Angeles World Airports)

ishiwata.k@portseattle.org (Port of Seattle)

safora.i@portseattle.org (Port of Seattle)

dan.weiss@united.com (United)

steve.morrissey@united.com (United)

gmurphy@crowell.com (United)

sseiden@crowell.com (United)

info@airlineinfo.com (AirlineInfo.com)

_________________________________

Abigail Donovan