UNITED AIRLINES, INC., 

Complainant, 

v. 

THE PORT AUTHORITY OF NEW YORK 

AND NEW JERSEY, 

Respondent. 

Docket No. FAA-16-14-13 

DECLARATION OF GAVIN MOLLOY IN SUPPORT OF 

UNITED AIRLINES, INC.'S ANSWER TO THE 

PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S 

MOTION FOR SUMMARY JUDGMENT 

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 

Washington, 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. 
To The Port Authority Of New York And New Jersey's Motion For Summary 

Judgment. The statements in this declaration are based upon my personal 

knowledge and upon review of information contained in business records of 

United. 

2. At EWR, as at JFK, airlines are charged a "Flight Fee," which is based 

on take-off weight rather than landing weight, for use of the airfield facilities. 

3. Due to fuel burn, landing weight is, on average, approximately 18% 

less than take-off weight. Accordingly, to compare the EWR Flight Fee with the 

more traditional landing fee charged at other airports, it is necessary to multiply 

the EWR Flight Fee by a factor of 1.18. 

4. In 2014, the EWR Flight Fee, including the charge for the A.iJ:Train, 

averaged $9.98 per 1,000 pounds of take-off weight, equivalent to a landing fee of 

$11.77. 

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CHICAGO O'HARE (ORD) 7.42 

JFK 6.71* 

DENVER (DEN) 4.67 

BOSTON LOGAN (BOS) 4.60 

LOS ANGELES (LAX) 4.54 

SAN FRANCISCO (SFO) 4.50 

WASHINGTON DULLES (lAD) 3.86 

WASHINGTON NATIONAL (DCA) 3.60 

PHILADELPHIA (PHL) 3.52 HOUSTON (IAH) 2.99 

DALLAS/FORT WORTH (DFW) 2.64 

MIAMI (MIA) 1.76 

ATLANTA (ATL) 0.82 

*EWR and JFK Fees converted to equivalent landing fee by 

multiplying by 1.18. 

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Charge Factor; and (4) the EWR AirTrain factor. These four factors produce an aggregate Flight Fee rate that is assessed for every 1000 lbs. of maximum take-off 

weight. 

7. EWR's operating revenues and profits for 2009 through 2013 were: 

2009 2010 2011 2012 2013 

Revenue $729,120,000 748,973,000 772,987,000 780,081,000 799,553,000 

Operating 214,555,000 218,009,000 245,619,000 241,672,000 239,923,000 

Profit 

Operating 29% 29% 32% 31% 31% 

Margin 

8. In contrast, while JFK and LGA showed operating profits as well, the 

levels were much lower: 

2009 2010 2011 2012 2013 

JFK Operating 20% 23% 22% 23% 22% 

Margin 

LGA Operating 15% 15% 15% 13% 8% 

Margin 

9. Under its new Aircraft Rescue and Fire Fighting ("ARFF") cadre, the 

Port Authority will continue to cross-train police officers for both firefighting and 

police duties, paying mandatory overtime for this additional training, regardless of 

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11. The EWR Flight Fee includes a cost component related to police and 

traffic functions at the airports other than terminal security and emergency 

services, such as the ARFF. 

12. Since 2010, this cost item has increased by more than 40%, from 

approximately $27 million to approximately $38 million in 2014. Further, due to 

the mark-up contained in the EWR Flight Fee formula, these police costs generated 

an additional $3.8 million in revenue for the Port Authority at EWR in 2013. 

13. At EWR, United is charged for terminal police on the basis of a cost per 

"tour." At Terminal C, which is occupied exclusively by United, there are five police 

tours per day. At Terminal A, where United operates along with other airlines, 

there are three police tours per day. 

14. Since 2010, the average annual cost per tour charged by the Port 

Authority at EWR has increased by more than 120%. This increase is a result of 

the Port Authority's above-market wages, benefits, and overtime. 

15. United never agreed- in writing or otherwise -to the new ARFF 

charges. To the contrary, United continually expressed to the Port Authority 

concern and opposition to the ARFF charges. 

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17. In 2014, the Port Authority charged higher Flight Fees at EWR than it 

did at JFK and LGA. The 2014 EWR Flight Fee was 75% higher than the 2014 JFK 

Flight Fee. 

18. In 2014, the difference between the Flight Fee at EWR and the Flight 

Fee at JFK meant that United paid more than $80 million more in flight fees than 

it would have paid if it flew its EWR schedule at JFK. (United's total take-off 

weight at EWR in 2014 multiplied by the difference between the EWR and JFK 

rates.) 

19. If the Flight Fee methodology currently used at JFK were to be used at 

EWR, the airlines operating at EWR would pay a total of $52 million less annually 

than they currently pay. 

20. The Port Authority's imposition of a higher Flight Fee at EWR than at 

JFK and LGA puts United at a significant competitive disadvantage. United has 

approximately 135,000 scheduled departures from EWR annually, in contrast to its 

12,500 scheduled flights from LGA and its 5,500 scheduled flights from JFK. 

21. Air carriers ope1·ating out of JFK and LGA, on the one hand, are 

making similar use of the New York area airport system as those air carriers 

operating out of EWR, on the other hand. 

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