### BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. ) Application of ) ) HARRIS AIRCRAFT SERVICES, INC. ) Docket DOT-OST-2014-0145 ) for a certificate ofpublic convenience and ) necessitypursuant to 49 U.S.C. §41102 ) to engage ininterstate scheduled air ) transportation ofpersons, property and mail )



### ANSWER TO MOTION OF AIREXCURSIONS LLC Communications 

### with respectto this document shouldbe sentto: R. Scott Harris President Harris Aircraft Services, Inc. 400 Airport Road Sitka, AK 99835

November 5, 2014 Pierre Murphy Law Offices ofPierre Murphy 1200 NewHampshire Avenue, NW Suite 590 Washington, DC 20036 Telephone: (202) 776-3980 Facsimile: (202) 776-3975 Email: pmurphy@lopmurphy.com Attorney for Harris Aircraft Services, Inc.

### BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. ) Application of ) ) HARRIS AIRCRAFT SERVICES, INC. ) Docket DOT-OST-2014-0145 ) for a certificate ofpublic convenience and ) necessity pursuant to 49 U.S.C. §41102 ) to engage in interstate scheduled air ) transportation ofpersons, property and mail )



### ANSWER TO MOTION OF AIREXCURSIONS LLC
Pursuantto 14 C.F.R. §302.11(c), Harris Aircraft Services, Inc. ("Harris Air" or "Applicant") respectfully submits this briefAnswer to the most recent in a string ofendless filings invarious dockets 1against Harris Air filed by Air Excursions, LLC, d/b/a Alaska Seaplanes2 ("AirExcursions" or "lone Objector"). This latest filing is styled a Motion toReOpenthe Record.
Despite the title ofits latest filing, it is patently clearthat the lone Objector neverregards

1 Inthe pastmonths, lone Objector or its sister company Kalinin Aviation have filed at least 8 pleadings in opposition to Harris Air. See: Docket DOT-OST-2014-0145 herein: 4 filings, so far. See also: Dockets DOT-OST2013-0089; 2008-0217 (EAS); and 2002-11586/2006-25542 (EAS). 2 See: DOT Notice ofRegistration ofTrade Name ("Alaska Seaplanes") by commonly-owned carriers Air Excursions and Kalinin Aviation, LLC.

### ANSWER OF HARRIS AIR TO MOTION any record involving Harris Air as everbeing "closed", and Harris Air is obliged, once again, to respondto lone Objector's repeated attacks.

Inits latestblast at Harris Air, lone Objector attempts to make the case that Harris' service proposal in a pending EAS case is totally different from its service proposal herein, and that Harris Airhas therefore improperlytold the Department "different stories" ineach proceeding thereby rendering Harris Airunfitto hold the certificate being applied for herein. Lone Objector is, once again, totally incorrect inits assertions.

The AlaskaEAS proceeding referenced by lone Objector inits latest filing relates to EAS service from 4 Alaskapoints3 (Dockets DOT-OST-2002-11586/2006-25542). The EAS office sent a copy ofEAS Order 2014-9-13 soliciting EAS service proposals to, inter alia, Harris Air. In that instituting Order, the Department specifically noted that Harris Air was, and is, currently providing air service meeting the EAS frequency minima from 3 ofthe EAS points4 at issue. See: DOT Order 2014-9-13, p. 2, n. 1. The Department also noted that ifHarris Air's certificate application herein were approved, the issue ofEAS subsidy at the 3 points at issue mighthave to berevisited. Id. Inresponse to Order 2014-9-13, Harris Air submitted a service proposal

3 Elfm Cove, Pelican, Angoon & Tenakee. 4 Angoon, Pelican & Tenakee, AK. See: DOT Order 2014-9-13, p. 2, n. 1. 2ANSWER OF HARRIS AIR TO MOTION without EAS subsidy.

Therefore, contraryto lone Objector's arguments to the contrary, not only is Harris Air's current service inthe 3 EAS markets reflected in its historic financial statement for its operations filed herein, this current service is also reflected in Harris Air's service proposed and the financial projections filed herein. Harris Air is therefore hardly telling "different stories" inthe 2 dockets.

What is clearly motivating lone Objector in making its repeated filings, including its currentMotion, against Harris Air in every docket available is not Harris Air's fitness to be a certificated air carrier since it is clearly fit; itis the fact ofHarris Air's current operations from the 3 EAS points where lone Objector seeks subsidy for several years from 2015 onwards (and currently and since at least 2011 has received substantial EAS subsidy) and the possibility that because ofthe fact ofHarris Air's current service inthe 3 EAS markets, the need for EAS subsidy to lone Objector is rendered into question bythe Department. Id. Lone Objector will therefore apparently do anything to prevent Harris Air from becoming a certificated air carrier holding the same authority lone Objectorholds.

In stark contrast to the multiple, repeated objections oflone Objectorto Harris Air, there has been strong and overwhelming support for both Harris Air's existing services and its


### 3

### ANSWER OF HARRIS AIR TO MOTION certificate application herein bythe various relevant constituents, including: Alaska's Congressman, Rep. Don Young; the local representative to the AlaskaLegislature, State Rep. Kreiss-Tomkins; plus the Alaska cities and communities Harris Air has been successfully serving for many years,5 as well as various local businesses and the local school district, all ofwhom have for manyyears used andrelied onthe services that Harris Airprovides. Lone Objector's Motion should be denied as a continuing misuse ofthe regulatory process.

November 5, 2014 Pierre urphy Law Offices ofPierre Murphy 1200 New Hampshire Avenue, NW Suite 590 Washington, DC 20036 Telephone: (202) 776-3980 Facsimile: (202) 776-3975 Email: pmurphy@lopmurphy.com Attorney for Harris Aircraft Services, Inc.

5 Cities ofPelican, Port Alexander and Klawock and the City & Borough ofSitka. 4

### Certificate ofService I hereby certify that onNovember 5, 2014, a copy ofthe foregoing Answer ofHarris Aircraft Services, Inc. was served viaUS Mail (and by electronic transmission where indicated) to the following persons: Attn: Terry L. Gordon Manager Attn: Troy McClanahan POI Juneau Flight Standards District Office (FSDO AL05) Federal Aviation Administration 3032 Vintage Park Boulevard Suite 106 Juneau,AK 99801 PeterJ. Lynch Assistant ChiefCounsel for EnforcementAGC-300 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Regional Counsel, AAL-7 Federal Aviation Administration Alaskan Region Headquarters 222 West 7th Avenue, Suite 14 Anchorage,AK 99513 Office ofAirline Info DOTIRITAIBTS E-36-RTS-42 1200 NewJersey Avenue, SE Washington, DC 20590 Robert E. Cohn, Esq. (via email) Patrick R. Rizzi, Esq. Counsel for AIR E:XURSIONS, LLC/ALASKA SEAPLANES, LLC Hogan Lovells US, LLP Columbus Square 555 13th Street, NW Washington, DC 20004 robert.cohn@hoganlovells.com patrick.rizzi@hoganlovells.com

Kristin Leake