BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

PRIMERA AIR SCANDINAVIA A/S 

for a foreign air carrier permit pursuant to 

49 U.S.C. § 41301 and for exemption authority 

pursuant to 49 U.S.C. § 40109 

(U.S. -EU Scheduled and Charter Air Transportation) 

) 

) 

) 

) Docket DOT-OST-2014-0125 

) 

) 

) 

) 

____________________________________ ) 

MOTION FOR LEAVE TO FILE AND SURREPLY 

OF SCANDINAVIAN AIRLINES SYSTEM 

Communications with respect to this document should be addressed to: 

Hans Ollongren 

Head of Public and Regulatory Affairs 

SCANDINAVIAN AIRLINES SYSTEM 

STODX 

SE-195 87 

Stockholm, Sweden 

Date: August 18, 2014 

Michael F. Goldman 

SILVERBERG, GOLDMAN 

& BIKOFF, L.L.P. 

1101 30th Street, N.W. 

Suite 120 

Washington, D.C. 20007 

Tel: (202) 944-3305 

E-Mail: mgoldman@sgbdc.com 

Counsel for 

SCANDINAVIAN 

AIRLINES SYSTEM (SAS) 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

PRIMERA AIR SCANDINAVIA A/S 

for a foreign air carrier permit pursuant to 

49 U.S.C. § 41301 and for exemption authority 

pursuant to 49 U.S.C. § 40109 

(U.S. -EU Scheduled and Charter Air Transportation) 

) 

) 

) 

) 

) 

) 

) 

) 

__________________________________ ) 

Docket DOT-OST-2014-0125 

MOTION FOR LEAVE TO FILE AND SURREPL Y 

OF SCANDINAVIAN AIRLINES SYSTEM 

Scandinavian Airlines System ("SAS" or "Scandinavian Airlines") hereby moves for 

leave to file this brief surreply to the reply of Prim era Air Scandinavia A/S ("Primera") filed in 

the above-referenced Docket on August 12, 2014. 1 

In its reply, Priinera states that it "has no intention of using any branding that could be 

confused with that ofSAS[,]" but nevertheless objects to SAS's request for a condition on its 

U.S. economic authority that Primera be prohibited from holding out service to and from the 

U.S. in the name "Air Scandinavia" or "Scandinavia Air."2 Since Primera says it has no 

intention of using these names, the carrier maintains that there is no need for such a restriction to 

avoid public confusion and that DOT might as well forbid Primera from holding itself out as 

1 Scandinavian Airlines files this motion pursuant to Rule 6( c) of the Department's Rules of 

Practice in Proceedings (14 C.P.R.§ 302.6(c)). Good cause exists for the Department to accept 

SAS's surreply because it will establish a more complete record for DOT's consideration of the 

Primera application. 

2 Reply ofPrimera at 3. 
Motion for Leave to File and Surreply of SAS 

August 18, 2014 

Page2 

"United" or "Alitalia."3 Primera even goes so far as to call SAS's request a "strange and totally 

unwarranted overreaction. "

4 

SAS disagrees with Primera's "strange" characterization of SAS's request that the 

Department prohibit Primera from using the name "Air Scandinavia" or "Scandinavia Air" in 

connection with its U.S. operations. Obviously, the words "Air" and "Scandinavia" are both part 

ofPrimera's fullname (Primera Air Scandinavia) and therefore it is certainly conceivable that 

the carrier may attempt to brand itself as "Air Scandinavia" or "Scandinavia Air" at some point 

in the future. Indeed, SAS' s requested restriction is nothing like imposing a condition that 

Primera be forbidden from using the names "United" or "Alitalia" as it suggested-- two words 

that are not part of the carrier's full name. 

Accordingly, for the reasons stated above and in its August 5, 2014 answer to the Prim era 

application, SAS maintains that a condition prohibiting Primera from holding out services to and 

from the U.S. in the names "Air Scandinavia" or "Scandinavia Air" is warranted in this case. As 

Primera represents that it has no plans to hold out its U.S. services using the "Air Scandinavia" 

or "Scandinavia Air" brand, imposition of the requested condition can cause Primera no actual or 

potential harm. Alternatively, now that Primera is on record as stating that it has no intention of 

using any brand that could be confused with that of SAS, SAS 's legitimate concerns would be 

met were DOT to include a definitive statement in Primera' s exemption authority and foreign air 

carrier permit confirming that use of the names "Air Scandinavia" or "Scandinavia Air" by 

Primera would not be considered a "minor variation" in its name under section 215.3 of the 

Department's Economic Regulations (14 C.F.R. § 215.3). Further, should Primera desire to hold 

3 See id. 

4 Id at 2. 
Motion for Leave to File and Surreply of SAS 

August 18, 2014 

Page 3 

out its U.S. services under either of these names at some point in the future it would first be 

required to attempt to register them with the Department as additional trade names under 14 

C.F.R. § 215.4. 

Dated: August 18, 2014 

Respectfully submitted, 

Michael 

/?/~~~ F. Goldman 

L. Jeffrey Johnson 

SILVERBERG, GOLDMAN & BIKOFF, LLP 

1101 30TH St., N.W., Suite 120 

Washington, DC 20007 

(202) 944-3305 

Counsel for SCANDINAVIAN AIRLINES 

SYSTEM (SAS) 
CERTIFICATE OF SERVICE 

I hereby certify that I have on this day served the foregoing Motion for Leave to File and 

Surreply of Scandinavian Airlines System by e-mail on the following persons: 

matwood@cozen.com 

rsil verberg@sgbdc.com 

marshall. sinick(G),squiresanders.com 

Edward.sauer@squiresanders.com 

howard.kassrmaa.com 

robert. wirick@aa. com 

Francis.heil@,aa. com 

jcam1y@amerijet.com 

rpommer@atlasair.com 

sascha. vanderbellen@del ta.com 

nssparks@fedex.com 

cefelts@fedex.com 

jhillrmcooley.com 

psanderlin@kalittaair.com 

Kevin.montgomeryrmpolaraircargo. com 

agoerlichrmggh-airlaw.com 

jyoungrmyklaw.com 

Thomas.ting@suncountry.com 

gmurphy@crowell.com 

dan. weiss(al,united. com 

steve.mon·isseyrmunited.com 

anita.mosner@hklaw.com 

john.s.duncan@,faa.gov 

Date: August 18, 2014 

~~ E. J · ffrey Johnson