BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

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 : 

Motion of : 

 : 

 DELTA AIR LINES, INC. : Docket DOT-OST-2010-0018 

 IN THE MATTER OF THE 2010 COMBINATION : 

 SERVICES ALLOCATION PROCEEDING : 

 : 

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ANSWER OF 

UNITED AIR LINES, INC. 

Communications with respect to this document should be sent to: 

Hershel I. Kamen 

Senior Vice President-Alliances, 

 Regulatory and Policy 

Daniel A. Weiss 

Managing Director-International 

 Affairs and Regulatory 

UNITED AIR LINES, INC. 

77 West Wacker Drive 

HDQIZ 

Chicago, IL 60601 

(312) 997-7573 

hershel.kamen@united.com

dan.weiss@united.com

Steve Morrissey 

Managing Director-Regulatory Affairs 

 and Policy 

Karine R. Faden 

Managing Counsel-Regulatory, Antitrust & 

Competition 

UNITED AIR LINES, INC. 

1225 New York Avenue, N.W. 

Suite 1100 DCAIZ/DCALD 

Washington, DC 20005 

(202) 521-4373 

(202) 521-4363 

steve.morrissey@united.com

karine.faden@united.com

December 3, 2012 

Thomas Newton Bolling 

Vice President and Deputy General Counsel 

Jonathan T. Linde 

Senior Counsel-Regulatory, Antitrust & 

Competition 

UNITED AIR LINES, INC. 

77 West Wacker Drive 

HDQLD 

Chicago, IL 60601 

(312) 997-8341 

thomas.bolling@united.com

jonathan.linde@united.com

Lorraine B. Halloway 

Gerald F. Murphy 

Steven J. Seiden 

CROWELL & MORING LLP 

1001 Pennsylvania Avenue, N.W. 

Washington, DC 20004 

(202) 624-2500 

lhalloway@crowell.com

gmurphy@crowell.com

sseiden@crowell.com

Counsel for 

United Air Lines, Inc. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

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

 : 

Motion of : 

 : 

 DELTA AIR LINES, INC. : Docket DOT-OST-2010-0018 

 IN THE MATTER OF THE 2010 COMBINATION : 

 SERVICES ALLOCATION PROCEEDING : 

 : 

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

ANSWER OF 

UNITED AIR LINES, INC. 

United1 answers the pleadings of American and Delta concerning the Department’s 

tentative decision to allow Delta to move its Detroit-Tokyo Haneda slot pair to the small Seattle 

gateway, rather than grant United’s application to initiate the first U.S.-flag nonstop service to 

Haneda in the much larger San Francisco-Tokyo market and enhance competition for Tokyo 

Haneda service.2 United continues to believe that its proposal to offer service from its San 

Francisco hub gateway should be selected under the Department’s well-established public 

interest standards, as supported by pleadings submitted by San Francisco International Airport 

and the United and Continental Master Executive Councils of the Airline Pilots Association, 

International and letters of support from Democratic Leader Nancy Pelosi, other members of 

Congress, and many other civic and business partners. If, however, the Department refuses to set 

aside its tentative decision, United urges the Department to grant United backup authority to 

ensure these Haneda slots are used for the maximum public benefit should Delta not begin its 

Seattle-Haneda service within the 90-day required startup period. United also asks the 

 

1

 Common names are used for airlines. 

2

 While American and Delta styled their pleading as “comments” rather than 

“objections” to the Department’s Order to Show Cause, each carrier proposes a substantive 

change to the Department’s tentative decision. To the extent it may be necessary, United 

requests leave to file this answer to address the issues raised by American and Delta in their 

comments. 
Answer of United 

Page 2 

Department to deny American’s request to allow incumbent Haneda carriers to freely move their 

slots between gateways. 

United states as follows in support of its answer: 

1. Even though the Department tentatively granted Delta a second chance with 

respect to these Haneda slots after it failed to deliver on its Detroit capacity and service 

commitments and its Los Angeles-Haneda capacity commitments, Delta nonetheless requests an 

extension of the startup date for its Seattle-Tokyo Haneda service from 90 to 120 days from the 

Department’s final order in this proceeding. See Comments of Delta at 2. Moreover, the 

Department provided for the 90-day startup condition included in its tentative decision when it 

instituted this proceeding. See Orders 2012-11-12 at 7 and 2012-8-20 at 3. Although Delta 

claims it will meet the 90-day startup condition, it has already given two different excuses as to 

why it should be given additional time. Compare Application of Delta at 6; 10-11 (citing low 

seasonal demand) with Comments of Delta at 2 (citing the need for advance marketing to 

compete with the existing Seattle-Tokyo Narita services of United and ANA, but failing to 

mention its own Seattle-Tokyo Narita service). Delta’s request, in light of its operating history at 

Haneda (see Objections of United at 7-8), underscores the serious questions regarding Delta’s 

ability to sustain its proposed Haneda service in the small Seattle-Tokyo market alongside its 

existing Seattle-Tokyo Narita service. It also highlights the need for the Department to grant 

backup authority to United so that these valuable Haneda slots can be utilized promptly should 

Delta not begin its Seattle-Haneda service within the 90-day required startup period, in the event 

the Department elects to finalize its tentative decision. 

2. The Department should similarly deny American’s request “that [it] should 

simply grant all U.S. Carriers operating to Haneda the flexibility to shift gateways as market 

conditions warrant.” Comments of American at 1-2. The Department has now twice-affirmed