BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D. C. 

--------------------------------------------- 

In the matter of : 

 : DOT-OST-2010- 

2010 U.S.-Haneda Combination Services : 0018 

Allocation Proceeding : 

--------------------------------------------- 

MOTION OF AMERICAN AIRLINES, INC. FOR DORMANCY WAIVER 

Communications with respect to this document should be sent to: 

VIRASB VAHIDI WILLIAM K. RIS, JR. 

Senior Vice President - Senior Vice President - 

Marketing and Planning Government Affairs 

and Chief Commercial Officer American Airlines, Inc. 

American Airlines, Inc. 1101 17th Street, N.W. 

P.O. Box 619616, MD 5634 Washington, D.C. 20036 

DFW Airport, Texas 75161 

 CARL B. NELSON 

KENJI C. HASHIMOTO Associate General Counsel 

Vice President – Strategic American Airlines, Inc. 

Alliances 1101 17th Street, N.W. 

American Airlines, Inc. Washington, D.C. 20036 

P.O. Box 619616, MD 5635 (202) 496-5647 

DFW Airport, Texas 75261 carl.nelson@aa.com 

 

ROBERT A. WIRICK 

Director, Regulatory Affairs 

American Airlines, Inc. 

P.O. Box 619616, MD 5635 

DFW Airport, Texas 75261 

(817) 963-0394 

robert.wirick@aa.com 

June 30, 2011
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D. C. 

--------------------------------------------- 

In the matter of : 

 : DOT-OST-2010- 

2010 U.S.-Haneda Combination Services : 0018 

Allocation Proceeding : 

--------------------------------------------- 

MOTION OF AMERICAN AIRLINES, INC. FOR DORMANCY WAIVER 

 American Airlines, Inc. respectfully requests temporary 

relief from the 90-day dormancy provision applicable to our New 

York (JFK)-Haneda slots so that American can manage JFK-Haneda 

service in line with current market conditions. While American 

is resuming daily service in this market on July 1, 2011, U.S.-

Tokyo demand remains far below normal levels due to the lingering effects of the Japanese earthquake, and forward bookings on 

our JFK-Haneda flights are weak. We request that the Department 

grant us the flexibility to adjust JFK-Haneda service levels by 

waiving the 90-day dormancy condition until June 1, 2012. 

 By Notice of Action Taken in this docket on June 29, 

2011, the Department granted Delta Air Lines, Inc. a waiver of 

the 90-day dormancy condition applicable to Detroit-Haneda slots 

until June 1, 2012. We are asking for equivalent relief. 
- 2 - 

 The reasons supporting Delta’s request apply with equal 

force to American’s request here. As the Department found in 

granting dormancy relief to Delta, “a catastrophic natural 

disaster with a comparably catastrophic aftermath occurred in 

Japan and seriously disrupted traffic.” In light of “these 

extraordinary circumstances” the Department determined to “grant 

Delta relief, until June 1, 2012, from the 90-day dormancy 

condition applicable to its Detroit-Haneda slot-pair” (p. 2). 

 In our answer filed on June 14, 2011 to Delta’s motion, 

we asked for extra-bilateral relief from the requirement that 

flights bound for the United States from Haneda cannot depart 

prior to midnight. In its June 29, 2011 Notice of Action Taken 

granting Delta’s motion, the Department addressed our request by 

stating it will consider “bilateral issues separately from this 

regulatory proceeding” (p. 2 n. 2). We appreciate the Department’s promise of future consideration, but it appears that 

there is now no immediate prospect for re-timing our Haneda 

departures to improve the viability of our JFK-Haneda operations. In these circumstances, we are seeking the same dormancy 

relief the Department has accorded to Delta. 
- 3 - 

 American’s JFK-Haneda service is heavily reliant on U.S. 

point of sale passengers, including premium business demand from 

major commercial centers in the Eastern United States. Under 

normal circumstances, JFK is a proven and successful gateway to 

Tokyo. However, current U.S.-Tokyo market conditions are not 

normal, and U.S. passenger demand (including essential business 

traffic) has fallen significantly below normal levels. 

 American’s waiver request is consistent with the public 

interest and with Department precedent. See Order 2003-4-18, 

April 10, 2003, granting a blanket 11-month dormancy waiver to 

all U.S. carriers for all international routes following the 

decline in traffic as a result of the Iraq war. More recently, 

the Department has required a showing of specific facts and 

circumstances affecting particular routes before it will grant 

dormancy relief (see for example Order 2008-7-6, July 5, 2008). 

Here, the effects of the Japanese earthquake continue to have a 

severe impact on U.S.-Tokyo traffic, and there is a strong case 

for a waiver. When carriers are confronted with unusual and 

distressed conditions in specific markets, they “should not be 

obligated to reach decisions . . . based on the ‘use-it-or-loseit’ constraints associated with a dormancy condition” (Order 

2003-4-18, p. 2). 
- 4 - 

 American’s request for relief through June 1, 2012 is 

consistent with dormancy waiver periods that have been granted 

in similar cases, most recently to Delta with respect to 

Detroit-Haneda slots. Indeed, in DOT-OST-2007-28574, the 

Department has granted United three successive 12-month start-up 

waivers for San Francisco-Guangzhou due to distressed market 

conditions and high fuel costs. 

 We expect to operate daily JFK-Haneda service for a 

portion of the current summer season, but may determine to 

temporarily reduce or suspend service until Tokyo business 

demand returns to normal levels. These are important commercial 

scheduling decisions that should be made on the basis of market 

conditions rather than regulatory constraints. The requested 

waiver will allow American the flexibility to adjust operations 

as the market situation warrants. 

 In recognition of the unusual circumstances that exist in 

Japan, the JCAB has issued a use-or-lose waiver for operating 

slots at both Tokyo airports, Narita and Haneda. This waiver 

was granted upon the strong recommendation and support of IATA 

(including U.S. carrier IATA members that participated in the 

Haneda route case). 
- 5 - 

 It is clear that U.S.-Tokyo demand will remain depressed 

for the remainder of the summer season and beyond, and that 

flexibility will be needed to judiciously manage capacity, 

especially over the off-peak winter months and shoulder season 

in the early spring. The requested waiver will enable American 

to conserve its resources and be in a position to operate daily 

JFK-Haneda flights for the 2012 peak travel season. 

 For the foregoing reasons, and consistent with the 

Department’s dormancy waiver for Delta’s Detroit-Haneda slots, 

American respectfully requests a waiver for its JFK-Haneda slots 

until June 1, 2012. Such action is consistent with the public 

interest, as it will provide American with the flexibility to 

respond to the difficult and unexpected market conditions caused 

by the Japanese earthquake. 

 Respectfully submitted, 

 

 _____________________________ 

 CARL B. NELSON 

 Associate General Counsel 

 American Airlines, Inc. 

June 30, 2011 
CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing document by email 

on the following persons: 

sascha.vanderbellen@delta.com jhill@dlalaw.com 

scott.mcclain@delta.com bill@mietuslaw.com 

sametta.c.barnett@delta.com mgoldman@sgbdc.com 

kquinn@pillsburywinthrop.com rsilverberg@sgbdc.com 

bkeiner@crowell.com dhainbach@ggh-airlaw.com 

esahr@eckertseamons.com mcmillin@woa.com 

bruce.rabinovitz@wilmerhale.com eskraft@jamhoff.com 

jeffrey.manley@united.com dpdean@jamhoff.com 

bob.kneisley@wnco.com dkirstein@yklaw.com 

robert.land@jetblue.com jyoung@yklaw.com 

msinick@ssd.com William.stallings@usdoj.gov 

cdonley@ssd.com dwight.moore@ustranscom.mil 

gbleopard@fedex.com john.allen@faa.gov 

david.heffernan@wilmerhale.com urskr@state.gov 

kevin.montgomery@polaraircargo.com recohn@hoganlovells.com 

jrichardson@johnlrichardson.com cjsimpson@zsrlaw.com 

lhalloway@crowell.com pmurphy@lopmurphy.com 

efaberman@wileyrein.com lachter@starpower.net 

mroller@rollerbauer.com anita.mosner@hklaw.com 

howard.kass@usairways.com jennifer.nowak@hklaw.com 

benjamin.slocum@usairways.com gmurphy@crowell.com 

dan.weiss@coair.com russell.bailey@alpa.org 

rpommer@atlasair.com 

 ________________________________ 

 CARL B. NELSON 

June 30, 2011