BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

RECEIVED 

JUL 0 7 2015 

WASHINGTON, D.C. PART 16 DOCKETS 

UNITED AIRLINES, INC., 

E:omplainant, 

v. 

THE PORT AUTHORITY OF NEW YORK 

AND NEW JERSEY, 

Respondent. 

Docket No. FAA-16-14-13 

ANSWER OF UNITED AIRLINES, INC. TO 

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S 

MOTION FOR LEAVE TO INCLUDE SUPPLEMENTARY MATERIAL 

IN THE RECORD OF THIS PROCEEDING 

Communications with respect to this document should be addressed to: 

Marc L. Warren 

Keith J. Harrison 

Gerald F. Murphy 

Steven J. Seiden 

CROWELL & MORING LLP 

1001 Pennsylvania Avenue, NW 

W ashlngton, DC 20004 

(202) 624-2500 

mwarren@crowell.com 

Robert S. Span 

Alan K. Steinbrecher 

Sophy Chen 

STEINBRECHER & SPAN LLP 

1155 F Street, NW, Suite 1050 

Washington, DC 20004 

(202) 559-8680 

rspan@steinbrecherspan.com 

Counsel for United Airlines, Inc. 
BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

UNITED AIRLINES, INC., 

Complainant, 

v. 

THE PORT AUTHORITY OF NEW YORK 

AND NEW JERSEY, 

Respondent. 

Docket No. FAA-16-14-13 

ANSWER OF UNITED AIRLINES, INC. TO 

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S 

MOTION FOR LEAVE TO INCLUDE SUPPLEMENTARY MATERIAL 

IN THE RECORD OF THIS PROCEEDING 

Complainant United Airlines, Inc. ("United'') hereby answers Respondent 

The Port Authority of New York and New Jersey's ("Port Authority'') June 19, 2015 

Motion for Leave to Include Supplementary Material in the Record of this 

Proceeding ("June 19 Motion"). The Port Authority argues in the June 19 Motion 

that good cause exists for the entry of an order permitting inclusion of a June 16, 

2015 news release entitled "United Airlines Strengthens New York/New Jersey Hub 

with Move ofp.s. Transcontinental Service to Newark" ("June 16 News Release") in 

the record of this proceeding. 

1 
The June 16 News Release announces United's plans to transfer premium 

transcontinental service from John F. Kennedy International Airport ("JFK") to 

Newark Liberty International Airport ("EWR"). The Port Authority asserts that 

statements in the June 16 News Release are relevant to the issues raised in 

United's Complaint, including United's claims that the Flight Fee formula at EWR 

places United at a competitive disadvantage in the New York metropolitan area 

market, and that the Port Authority's monopoly power also impacts United's ability 

to compete. 

United does not object to inclusion of the June 16 News Release in the record. 

To the extent it may be relevant, the transfer of flights from JFK to EWR 

announced in the June 16 News Release is consistent with the facts cited in 

United's Complaint and in its Answer to the Port Authority's Motion for Summary 

Judgment. Specifically, the move from JFK to EWR, despite the excessive, 

unreasonable, and discriminatory Flight Fee at EWR, demonstrates: (1) the 

importance to United of the New York metropolitan area market; (2) the significant 

investment that United has made at EWR to be competitive in the New York 

metropolitan area market; (3) the inability to replicate at JFK the facilities and 

operations United has at EWR; and (4) the fact that EWR serves the same market 

and passengers as JFK. 

United's moving flights to EWR does not alter, and is not inconsistent with, 

any of the facts submitted by United and unrefuted by the Port Authority. The 

airfield rates at EWR are still by far the highest in the nation, and 75% higher than 

2 
at JFK. The EWR Flight Fee still includes unreasonable and excessive charges and 

a hidden mark-up. The EWR Flight Fee still generates excessive surpluses that are 

used to fund non-airport facilities. The Port Authority continues to have monopoly 

power in the New York metropolitan area market, and uses that power to impose 

fees well above those of other large airport operators. 

July 2, 2015 

Respectfully submitted, 

-"'.r ~~~-""'c Robert S. Span ~ 

3 

Alan K. Steinbrecher 

Sophy Chen 

STEINBRECHER & SPAN LLP 

1155 F Street, NW, Suite 1050 

Washington, DC 20004 

(202) 559-8680 

rspan@steinbrecherspan.com 

QQ~O~ Marc L. Warren 

Keith J. Harrison 

Gerald F. Murphy 

Steven J. Seiden 

CROWELL & MORING LLP 

1001 Pennsylvania Avenue NW 

Washington, DC 20004 

(202) 624-2500 

mwarren@crowell.com 

Counsel for 

United Airlines, Inc. 
CERTIFICATE OF SERVICE 

I certify that I have this date served the foregoing Answer of United Airlines, 

Inc. on the following persons by overnight express mail, in accordance with the 

Department's Rules of Practice: 

Chief Counsel 

Attn: FAA Part 16 Docket Clerk 

AGC-600 

Federal Aviation Administration 

800 Independence Ave., SW 

Washington, DC 20591 

July 2, 2015 

Carlene V. Mcintyre, Esq. 

Assistant General Counsel 

Port Authority of New York and New Jersey 

Law Department 

25th Floor 

4 World Trade Center 

150 Greenwich Street 

New York, NY 10006 

Steven J. Seiden