Order 20 1 3

- 1 1

- 9

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Departme nt of Transportation

on the 14 th day of November , 20 1 3

Served: November 14 , 201 3

ORDER INSTITUTING PROCEEDING

Summary

By this order, we institute a proceeding and invite interested U.S. carriers to file applications for

one slot pair for scheduled co mbination services between the United States and Tokyo’s Haneda Airport

.

Background

Under the Memorandum of Understanding between the United States and Japan, signed on October 25, 2010, four daily slot pairs are available to carriers from each country t o provide scheduled combination services between the United States and Tokyo’s Haneda Airport. 1 As a result of two prior proceedings, b y Order s 2010

- 7

- 2 and 2013

- 2

- 4, the four slot pairs are currently allocated as follows: 1) one slot pair to Hawaiian Air lines, Inc. (Hawaiian) for

Honolulu

- Haneda service; 2) two slot pairs to Delta Air Lines, Inc. (Delta) , one for Los Angeles

Haneda and one for Seattle

- Haneda services; and 3) one slot pair to American Airlines, Inc. (American) for New York (JFK)

- Haneda ser vice.

On October 23 , 2013, American advised the Department that it will discontinue its New York (JFK)

- Haneda service on December 1, 2013, and that American is returning to the Department, the slot pair allocated to it by Order 2010

- 7

- 2 , effective Decembe r 2 , 2013.

1 The scheduled operations are subject to the following conditions: 1) U.S. operations at Haneda are permitted between 2200 and 0700 hours local time; 2) departures from Haneda to a point in the 48 contiguous U.S. states are not permitted prior to midnight; and 3) extra sections are not permitted. Application s of

HAWAIIAN AIRLINES, INC.

UNITED AIRLINES , INC.

in the matter of 2010 U.S.

- Haneda

Combinatio n Services Allocation Proceeding Docket DOT

- OST

- 2010

- 00182 Application s and Responsive Pleadings

On O ctober 17, 2013, based on news reports that American would be ending its New York

Haneda service , United Airlines, Inc. (United) filed an application for the slot pair. United proposes to begin nonst op service between San Francisco, California, and Haneda, beginning on or about March 14, 2014

. On October 24, 2013, the San Francisco International Airport filed an answer in support of United’s application.

On October 24, Hawaiian filed an application for the slot pair. Hawaiian proposes to begin nonstop service between Kona, Hawaii, and Haneda, beginning on or about April 1, 2014. Hawaiian also filed an answer to the application of United, requesting that the Department initiate a proceeding to alloc ate the returned slot pair.

On October 25, 2013, United filed a reply to the answer of Hawaiian, also urging the Department to institute a carrier selection proceeding.

Proceeding and Eviden tiary Requ irements

In light of the competing applications and r esponsive pleadings, we are instituting this proceeding to select one carrier to use the slot pair currently allocated to American for New York (JFK)

- Haneda services. To ensure that we have a complete record in this matter, we request that interested part ies file, amend, and/or supplement their applications in this Docket , as specified

below

.

Our principal objective in this proceeding will be to maximize public benefits . In this regard, we

will consider which proposal will most likely result in service that best meets the needs of the traveling and shipping public. We will also consider the effects of the applicants’ service proposals on the overall competitive environment , including effects on the market structure and on competition in the U.S.

- Japan market. In addition, we will consider other factors historically

used for carrier selection , where relevant

.

W e expect to allocate the slot pair for an indefinite term, subject to a start

- up condition and our

standard 90

- day dormancy condition. For any slot pair not used for a period of 90 days, the allocation with respect to that slot pair would expire automatically and revert to the Department

for reallocation.

We have decided to use written, non

- oral show

- cause procedures under Rule 210 of our regula tions (14 CFR 302.210) in deciding this case. We find no material issues of fact that would warrant an oral evidentiary hearing in this case. We are also simplifying our procedures and evidentiary requirements, consistent with securing an adequate decisi onal record with the least possible delay and without unnecessary cost to the interested parties

. 2

2 We note that United and Hawaiian also submitted proposals for San Francisco and Ko na
, respectively

, in the Haneda proceeding we conducted in 2012. See Applications of United and Hawaiian, dated August
27, 201 2 , in this Docket

. See also Orders 2012

- 8

- 20, 2012

- 11

- 12, and 2013

- 2

- 4. To the extent that they

deem materials submitted in the context of that proceeding relevant and helpful to our present decision making, we invite them to incorporate those materials in this proceeding by reference.3 Except for procedural dates, all responsive pleadings should conform to Part 302, Subpart C of the Department’s regulations (14 CFR Part 302). All s ubmissi ons should be filed with the Department of Transportation, 1200 New Jersey Avenue, S.E., West Building Ground Floor,

Room W12

- 140, Washington, D.C. 20590, in the captioned Docket, and we would expect to see

the following information for the forecast year, defined as the 12 months ending December 31,

2014

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1. Complete service proposals including proposed routing, date for instituting service, and single

- plane schedules. If a carrier is relying upon connecting traffic, it should provide proposed nonstop

- to

- no nstop connecting schedules. If a carrier intends to offer seasonal service, it must so state and specify the period during which the

seasonal services would be offered.

Proposed schedules should contain flight numbers, complete routings from origin to destination (including behind

- gateway and beyond

- gateway points, if the carrier is relying upon connecting traffic, and elapsed time for services), departure and arrival times in local time, equipment types (including seat configuration by class of service and the cargo capacity available), days scheduled, classes of service offered, and the limitations, if any, on the number of seats available for each class of service;

2. A brief description of the types of scheduled service the carrier currently provides, if any, between the United States and Tokyo, Japan, including whether the services are

direct or code

- share operations and whether they are seasonal or year

- round;

3. A statement describing the benefits of the carrier’s proposed service to the public

interes t;

4. A statement as to whether or not the aircraft to be used in the proposed schedules are on hand or on order. If on hand, indicate where and the extent to which those aircraft are currently being used. If on order by purchase or lease, indicate when t hey will be

delivered and how the aircraft will be financed. Indicate whether the aircraft to be used comply with FAR

- 36. If not, indicate plans for achieving compliance;

5. Estimated number of gallons of fuel to be consumed by aircraft type on an annual

b asis as a result of the proposed service, and indicate the availability and method of obtaining the necessary fuel;

6. A statement as to whether the carrier would accept a condition requiring i nstitution of service by a date specified by the Department , and , if so, w hat date the Department

should specify.

3 The original filing should be on 81⁄2" x 11" white paper using dark ink (not green) and be unboun d without tabs, which will expedite use of our docket imaging system. In the alternative, parties are encouraged to use the electronic submission capability available through the Regulations.gov Internet site ( ht tp://www.regulations.gov ) by following the instructions on the web site. Additionally, service by

facsimile or electronic mail is authorized. Parties should include their fax numbers and email addresses

on their submissions and should indicate the metho d(s) of service used on their certificates of service.4 To the extent that any of the requested information has already been provided on the record,

carriers may refer to that information in supplemental pleadings

. Carriers may, of course, also submit any addit ional information beyond that requested if they believe it would be useful to us in reaching a decision.

Procedural Timetable

In light of our goal of reaching a prompt final decision, we intend to process this case on an accelerated procedural schedule. Therefore, we are establishing the following procedural

schedule for submissions:

Petitions for Reconsideration: November 19, 2013

Answers to Petitions: November 22, 2013 Applications /Supplements/Amendments : November 26, 2013

Answers: Decembe r 4, 2013 Replies: December 9, 2013

In consideration of the accelerated schedule, as discussed above, we authorize service by

facsimile or electronic mail. Parties should include their fax numbers and/or e

- mail addresses on

their submissions and shou ld indicate on their certificates of service the methods of service used. Applicants not using facsimile or electronic mail must provide an original and five copies of all submissions to the Department of Transportation, Dockets, no later than the dates in dicated. Please also provide an electronic copy of all responsive pleadings to: Esta.Rosenberg@dot.gov

and Brett.Kruger@dot.gov

.

ACCORDINGLY,

1 . We institute a c omparative carrier selection proceeding in Docket DOT

- OST

- 201 0

- 0018 , to be decided by written, non

- oral procedures under Part 302 of our regulations (14 CFR Part 302.210);

2 . This proceeding will consider which carrier should be awarded a single slot pai r for scheduled

combination U.S.

- Haneda services, available December 2, 2013, when it is returned to the Department by American Airlines, Inc.;

3 . Applications and other responsive pleadings should be filed in accordance with the procedural

schedule set forth in this order; and5 4 . We will serve this order on American Airlines, Inc. ; Hawaiian Airlines, Inc.; United Air Lines, Inc.; the San Francisco International Airport; all certificated U.S. combination carriers operating large aircraft; the U.S. Depa rtment of State (Office of Aviation Negotiations) ; the

Federal Aviation Administration ; and the Ambassador of Japan in Washington, D.C.

By:

SUSAN L. KURLAND Assistant Secretary for Aviation

and International Affairs

(SEAL)

An electronic versio n of this document is available on the World Wide Web at http://www.regulations.gov