BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

p -'-r 0 

Application of 

PORTER AIRLINES INC. 

for an exemption pursuant to 49 U.S.C. § 40109 

and a foreign air carrier permit pursuant to 

49 U.S.C. § 41302 (Canada- U.S.) 

Docket No. OST-2007-27402 

REPLY OF PORTER AIRLINES INC. 

Communications with respect to this document should be sent to: 

John E. Gillick 

David M. Endersbee 

ZUCKERT, SCOUTT & RASENBERGER, 

L.L.P. 

888 Seventeenth Street, NW 

Suite 700 

Washington, DC 20006 

Tel: (202) 973-7939 

Fax:(202)342-0683 

Email: jegillick@zsrlaw.com 

dmendersbee@zsrlaw.com 

Counsel for Porter Airlines Inc. 

July 18,2011 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

PORTER AIRLINES INC. 

for an exemption pursuant to 49 U.S.C. § 40109 

and a foreign air carrier permit pursuant to 

49 U.S.C. § 41302 (Canada - U.S.) 

Docket No. OST-2007-27402 

REPLY OF PORTER AIRLINES INC. 

Introduction 

On June 24, 2011, Porter Airlines Inc. ("Porter") filed an application for routine renewal 

of its exemption authority, which permits it, inter alia, to operate its popular and successful 

transborder U.S. - Canada services from its base at Billy Bishop Toronto City Airport (YTZ).' 

CommunityAIR ("CAIR"), a local Toronto community group "devoted to restoring the lands and 

harbour now occupied by the Toronto Island airport to park, recreation, and cultural uses,"^ filed 

the only objection to Porter's renewal application. 

As more fully discussed below, CAIR's objection is based on incorrect information, and 

Porter remains fit, willing, and able to continue to perform the foreign air transportation services 

under its twice previously-granted exemption authority. The Department should, therefore, grant 

' Porter's exemption was scheduled to expire on July 10, 2011, but remains in effect pursuant to its timely-filed 

renewal application and reliance upon 5 U.S.C. § 558(c), as implemented by Part 377 of the Department's 

regulations, which permits Porter to operate until the Department acts on its application. 

' See http://communityair.org/. 
Reply of Porter Airlines, Inc. 

Page 2 

Porter's exemption renewal request expeditiously and then proceed to issue a final order granting 

Porter's pending foreign air carrier permit application as soon as possible thereafter.' 

I. COMMUNITY AIR'S OBJECTIONS ARE BASED ON INCORRECT 

FACTS. 

As noted above, CAIR is a group whose sole purpose appears to be closing YTZ as an 

airport so that the land may be converted to park and recreational use."* Having repeatedly failed 

in its efforts to persuade the citizens of Toronto and its own local government officials to close 

the airport, CAIR has engaged in an unprecedented effort to "export" its opposition to Porter's 

operations at this convenient airport to the Department's licensing process, by repeatedly 

objecting to Porter's applications for authority that are fully consistent with and supported by the 

Open Skies Agreement between the United States and Canada." 

CAIR's latest objection focuses on an incomplete quote from a 2009 Bloomberg news 

article^ '' based upon which CAIR erroneously asserts that, under the terms of a 2005 agreement 

between Porter's predecessor entity and the Toronto Port Authority ("TPA") (the airport's 

proprietor), US Airways and other U.S. carriers wishing to operate from YTZ would be barred 

^ See OrdtT 2009-10-2, tentatively determining to grant a foreign air carrier permit to Porter. 

"* "Over the years CAIR has dealt with many different issues, but they all relate in some way to efforts to close the 

island airport and efforts to achieve a clean, green waterfront." http://communityair.org/Background/ 

Who WcAre/Who We Arc.html "We invite you to look at some ideas others have had. and to develop your 

own ideas about the fabulous possibilities that the land holds for us all, if only the airport is closed." 

http://communityair.org/Solutions/Solutions.html 

•^ See, e.g., Answer of Community Air (March 7, 2007) (arguing that YTZ did not meet safety and security 

standards); and Letter of October 20, 2009 (arguing, despite CAIR's stance that YTZ should be closed, that U.S. 

and Canadian carriers did not have equal access to YTZ). 

^ "Jazz Air Drops Toronto Airport Suit, Agency Says," October 20, 2009, available at http://www.bloombere.co.iD/ 

apps/news?pid-20670001 &sid=aoCtCCe2 Obs 

^ The complete quote, inclusive of the text conveniently omitted by CAIR, is as follows (emphasis supplied): 

"Porter's agreement with the authority barred regional carriers, including Jazz Air. from tlying between the 

airport and New York, Chicago, Boston, Washington, Philadelphia, Cincinnati, Detroit and Cleveland, Jazz Air's 

lawyer Earl Cherniak said last year at a hearing." The source for CAIR's claim is, of course, counsel for the 

one carrier that relentlessly and unsuccessfully fought Porter in the Canadian courts as well as before the 

Department. 
Reply of Porter Airlines, Inc. 

Page 3 

from serving the airport. It is on this basis, argues CAIR, that the TPA's 2007 statement that it 

granted US Airways' request for access to YTZ is somehow suspect, because (so goes the story) 

TPA could not have granted access to US Airways, a U.S. air carrier, with these route restrictions 

in place. 

The short answer to this CAIR allegation is that it is simply wrong. The portion of the 

2005 agreement referenced in the article never applied to U.S. carriers, and the 2005 agreement 

was, in any event, amended and restated in 2010. The new agreement between Porter and the 

TPA, the "Amended and Restated Commercial Carrier Operating Agreement," which sets forth 

the new conditions applicable to Porter's operations at YTZ, contains absolutely no limitations 

on the routes that may be flown by any carrier operating at the airport. Thus, to the extent that 

CAIR - a group wholly dedicated to closing YTZ - has any concern about other carriers being 

able access to YTZ, such concerns are, quite simply, without any merit. And to the extent CAIR 

has specific concerns about the accuracy of the TPA's May 10, 2007, letter to the Department, 

such concerns are similarly unfounded and form no basis for objecting to Porter's application. 

II. NEITHER COMMUNITY AIR NOR ANY OTHER PARTY OBJECTED 

TO PORTER'S APPLICATION ON FITNESS GROUNDS. 

Significantly, neither CAIR nor any other party questioned Porter's fitness. Porter meets 

all of the Department's criteria for fitness and for the issuance of its long-pending foreign air 

carrier permit. Porter is operationally and financially fit; the Open Skies Air Transport 

Agreement between the United States and Canada plainly encompasses Porter's operations; 

Porter is licensed and qualified by its homeland aeronautical authorities; its Canadian citizenship 

has never been in issue; and Porter complies in all other respects with the Department's 

requirements and obligations for the issuance of an exemption and foreign air carrier permit. 
Reply of Porter Airlines, Inc. 

Page 4 

On this basis. Porter is entitled to both a prompt renewal of its exemption authority and a 

final order granting its foreign air carrier permit. Indeed, on March 11, Porter filed a Motion for 

Issuance of a Foreign Air Carrier Permit in this docket, requesting that the Department move to 

finalize its October 13, 2009, Show Cause order tentatively granting Porter's foreign air carrier 

permit. The Department should issue Porter's exemption authority forthwith, and grant Porter 

the permanent permit authority to which it is entitled under the Open Skies Air Transport 

Agreement. 

WHEREFORE, for the foregoing reasons, Porter Airlines Inc. respectfully requests (1) 

expeditious renewal of its exemption authority, as described herein, for not less than a two-year 

period, as well as (2) the issuance of a final order granting Porter's foreign air carrier permit as 

soon as possible. 

Respectfully submitted. 

0L1 . 

t f ^ 

John E. Gillick 

David M. Endersbee 

Zuckert, Scoutt & Rasenberger, LLP 

888 Seventeenth Street, NW 

Suite 700 

Washington, DC 20006 

Tel: (202) 973-7939 

Fax:(202)342-0683 

Email: jegillick@zsrlaw.com 

dmendersbee@zsrlaw.com 

Counsel for Porter Airlines Inc. 

July 18, 2011 
CERTIFICATE OF SERVICE 

I hereby certify that on this 18th day of July, 2011, a copy of the foregoing Reply of Porter Airlines Inc. 

was served by electronic mail on the following: 

Stephen J. Morrissey 

Managing Director, hitemational and 

Regulatory Affairs 

United Air Lines 

1025 Connecticut Avenue, N.W. 

Suite 1210 

Washington, DC 20036 

Steve.morrissey@united.com 

R. Bruce Keiner, Jr. 

Lorraine B. Halloway 

Counsel for Continental Airlines 

Crowell & Moring 

1001 Pennsylvania Avenue, N.W. 

Washington, D.C. 20004 

rbkeiner@crowell.com 

Lhalloway@crowell.com 

Dan Weiss 

Continental Airlines, Inc. 

Government Affairs—8"' Floor 

]600 Smith Street 

Dept. HQSGV 

Houston, TX 77002 

dan.weiss(5),coair.com 

Anita Mosner 

Jennifer Nowak 

Counsel for United Parcel Service 

Holland & Knight 

2099 Pennsylvania Avenue, NW 

Suite 100 

Washington, D.C. 20006 

Anita.mosner@hklaw.com 

Jennifer.nowak@hkJaw.com 

Alexander Van Der Bellen 

JefT Morgan 

Sametta C. Bamett 

Delta Air Lines 

1212 New York Avenue, NW 

Suite 200 

Washington, D.C. 20005 

Sascha.vanderbellen@delta.com 

sametta.c.bameti@delta.com 

Jeff.morgan@delta.com 

Carl B. Nelson, Jr. 

Associate General Counsel 

American Airiines, Inc. 

1101 Seventeenth Street, N.W. 

Suite 600 

Washington, D.C. 20036 

cari .nelson@aa.com 

John L. Richardson 

Counsel for Amerijet International 

John L. Richardson, P.L.L.C. 

555 13"'Street, N.W. 

Suite 420 West 

Washington, D.C. 20004 

jrichardson@!Johnlrichardson.com 

Jolin Palo 

Vice President, Planning Military 

and Government 

Evergreen International Airiines, Inc. 

3850 Three Mile Lane 

McMinnville, OR 97128 

jolin.palo@evergreenairIines.com 

charters@evergreenairiines.com 

Malcolm L. Benge 

Counsel for World Airways and North 

American Airiines 

Zuckert, Scoutt & Rasenberger, L.L.P. 

888 Seventeenth Street, N.W. 

Suite 700 

Washington, DC 20006 

mlbenge@zsrlaw.com 

Angeline Garbuzinski 

Legal and Regulatory Affairs 

Federal Express Corporation 

3620 Hacks Cross Road 

Building B, 3'^^ Floor 

Memphis, TN 38125 

anbird@fedex.com 

Pierre Murphy 

Counsel for Brendan Airways, L.L.C. 

d/b/a USA 3000 

1200 New Hampshire Avenue, N.W. 

Suite 590 

Washington, D.C. 20036-6802 

pmurphy@lopmurphy.com 
Thomas E. Fosko 

Vice President 

Air Transport International LLC 

2800Cantrell Road 

Little Rock, AR 72202 

tom.fosko@airtransport.cc 

Stephen H. Lachter 

Counsel for Astar Air Cargo 

Lachter & Clements LLP 

1150 Connecticut Avenue, N.W., Ste. 900 

Washington, DC 20036 

slachter@lachter-clemenls.com 

Howard Kass 

Managing Director & Associate General 

Counsel 

US Airways 

MOI H Street, N.W. 

Suite 1075 

Washington, D.C. 20006 

howard_kass@usairways.com 

Russell E. PoETimer 

Associate General Counsel and 

Director of Regulatory Affairs 

Atlas Air, Inc. 

1747 PeiuLsylvania Avenue, N.W. 

Suite 875 

Washington, D.C 20006 

rpommer@atlasair.com 

Aaron Goerlich 

Counsel for Allegiant Air and 

Ryan International Airiines 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Avenue NW 

Suite 800 

Washington, D.C. 20036-6802 

agoerJich@ggh-airJaw.com 

Mark W. Atwood 

Counsel for Kalitta Air 

Cozen O'Connor 

Army Navy Building 

1627 1 Street, NW 

Suite 1100 

Washington, D.C. 20006 

mat wood@cozen. com 

Robert E. Cohn 

Counsel for Frontier Airlines 

Hogan Lovells 

5.55 13'" Street, N.W. 

Washington, D.C. 20004 

robert.cohn@hoganlovells.com 

Robert P. Silverberg 

Jeffrey Johnson 

Counsel for ABX Air 

Silverberg, Goldman & Bikoff, L.L.P. 

1101 30th Street, N.W. 

Suite 120 

Washington, D.C. 20007 

rsilverberg@sgbdc.com 

jjohnson@sgbdc.com 

Marshall S. Sinick 

Counsel for Alaska Airiines 

and Florida West International Airways 

Squire, Sanders & Dempsey 

I20I Pennsylvania Avenue, N.W. 

Suite 500 

Washington, D.C. 20004 

msinick@ssd.com 

Jonathan B. Hill 

Counsel for Hawaiian Airiines and JetBlue 

Dow Lohnes 

1200 New Hampshire Avenue, N.W. 

Suite 800 

Washington, DC 20036-6802 

jhill@dowlohnes 

John S. Fredericksen 

Vice President and General Counsel 

MN Airiines, LLC dba Sun Country 

Airlines 

1300 Mendota Heights Road 

Mendota Heights, MN 55120 

john.fredericksen@suncountry.com 

Joanne W. Young 

Counsel for Spirit Airiines 

Kirstein & Young PLLC 

1001 Pennsylvania Ave., N.W. 

Suite 600 South 

Washington, DC 20004 

jyoung@yklaw.com 
William C. Evans 

John R. Mietus, Jr. 

Counsel for Centurion Air Cargo and Trade 

Winds Airlines 

6701 Democracy Blvd. 

Suite 300 

Bethesda, MD 20817 

bill@mietuslaw.com 

john@mietuslaw.com 

Jonathan Blank 

J. Timothy Hobbs 

Counsel for Capital Cargo International 

Airlines 

Kirkpatrick & Lockhart 

Preston Gates Ellis LLP 

1601 K Street NW 

Washington, DC 20006 

Jonathan,blank@klgates.com 

tim.hobbs@kIgates.com 

Lisa Dunn 

Counsel for TEM Enterprises/ Xtra Airways/ 

Casino Express 

331 7'" Street 

Elko,NV 89801 

ldunn@xtraairways.com 

Stephen A. Alterman 

Counsel for Horizon Air 

Meyers & Alterman 

1220 Nineteenth Street, N.W. 

Washington, D.C. 20036 

cargoair@aol.com 

John M. Allen 

Director 

Flight Standards Service 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Room 821 

Washington, D.C. 20591 

john.allen@faa.gov 

Brian Her 

Chair, ConununityAIR 

7th Floor, 150 John Street 

Toronto M5V 3E3 

biler@ilercampbell.com 

Eric Christensen 

Vice President, Planning 

Skywest Airiines 

444 S. River Road 

St. George, UT 84770 

echristensen@skywest.com 

DavidTvI. Endersbee 

Kevin Montgomery 

Peter Beckett 

Polar Air Cargo, Inc. 

1747 Pennsylvania Avenue, N.W. 

Suite 875 

Washington, D.C 20006 

kevin.montgomery@ polaraircargo.com 

peter.beckett@polaraircargo.com 

Thomas A. Gillies 

Chief Operating Officer 

Southem Air Inc. 

117 Glover Ave. 

Norwalk, CT 06850 

tgillies@southemair.com