Order 2011-12-9 

 

 

 UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, D.C.

Issued by the Department of Transportation 

on the 16th day of December, 2011

 

Served: December 16, 2011

In the matter of 

The European Union Emissions Trading 

Scheme (ETS) 

Reporting requirement pursuant to 

49 USC 41708(b)(1)(A) – US Air 

Carriers 

 Docket OST-2011-0229 

 

ORDER 

Under its Emissions Trading Scheme (ETS), the European Union (EU) plans to begin capping 

carbon dioxide (CO2) emissions for aviation activities, starting January 1, 2012, at levels below a 

2004-2006 baseline.1 Under the scheme, each covered airline and other civil aircraft operator must 

surrender ETS allowances for the total CO2 emissions associated with all flights operated to and 

from points in EU Member States, Norway, Iceland, and Liechtenstein. 

The U.S. Government continues to strongly object to the inclusion of U.S. aircraft operators under 

the EU legislation on legal and policy grounds, including under provisions of the U.S.-EU Air 

Transport Agreement. Nevertheless, as of now, the EU maintains that U.S. operators remain 

subject to the scheme. 

The Department will now seek certain information related to ETS. 

We, therefore, direct the U.S. air carriers named in this order to report the information detailed in 

the Appendix. 

If a carrier believes that any of the required data are commercially sensitive and should be 

withheld from public disclosure, it may file a motion under 14 CFR §302.12. 

 

1

 Directive 2008/101/EC. 
The U.S. air carriers subject to this order are: 

American Airlines, Inc. 

Continental Airlines, Inc. 

Delta Air Lines, Inc. 

Federal Express Corporation 

United Air Lines, Inc. 

United Parcel Service Co. 

US Airways, Inc. 

Each U.S. air carrier subject to this order shall submit the required information electronically, via 

email, to Paul Gretch, Director, Office of International Aviation, at the following email address: 

Paul.Gretch@dot.gov. Each carrier shall submit the required information by the dates specified in 

the Appendix. 

ACCORDINGLY, 

 

1. Under the provisions of 49 USC 41708(b)(1)(A), we direct American Airlines, Inc.; 

Continental Airlines, Inc.; Delta Air Lines, Inc.; Federal Express Corporation; United Air 

Lines, Inc.; United Parcel Service Co.; and US Airways, Inc. to submit reports in the form 

and manner described in this order; 

2. Each carrier shall submit the required information by the dates specified in the Appendix; 

and 

3. We will serve this order on American Airlines, Inc.; Continental Airlines, Inc.; Delta Air 

Lines, Inc.; Federal Express Corporation; United Air Lines, Inc.; United Parcel Service 

Co.; and US Airways, Inc.; the U.S. Department of State (Office of Transportation Affairs); 

and the Federal Aviation Administration. 

By: 

SUSAN L. KURLAND 

Assistant Secretary for 

 Aviation and International Affairs 

 

(SEAL) 

An electronic version of this document is available on the World Wide Web at: 

http://www.regulations.gov
APPENDIX 

DATA REPORTING DATE 

1) Free 2012 allowances allocated January 31, 2012 

2) Free 2012 allowances received, if 

different from 1) (If not different, so 

advise) 

March 31, 2012 

3) Estimate of allowances needed for 2012 

operations covered by ETS 

April 15, 2012 

4) 2012 CO2 emissions reported to 

administering state 

March 31, 2013 

5) Monetary amount paid to administering 

state in ETS allowance auctions 

15 days after the close of each auction 

6) Monetary amounts spent and/or 

received in ETS allowance markets 

Within 15 days after each such event.