### BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OFTHE SECRETARY WASIDNGTON, 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 )



### MOTION FORLEAVE TOFILE AND RESPONSE TO MOTION FORLEAVE TOFILEAND RESPONSE OFAIREXCURSIONS LLC Communications with respect to this document should be sent to: R. Scott Harris President Harris Aircraft Services, Inc. 400 Airport Road Sitka, AK 99835

October 23, 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 OFTRANSPORTATION 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 in interstate scheduled air ) transportation ofpersons, property and mail )



### MOTION FORLEAVE TO FILEAND RESPONSE TO MOTION FORLEAVE TO FILE AND RESPONSE OFAIREXCURSIONS LLC

Harris Aircraft Services, Inc. ("Harris Air" or "Applicant") respectfully submits this Motion for Leave to File an unauthorized document and response in opposition to the October 6, 2014 Motion for Leave to File and Response ofAir Excursions LLC ("Air Excursions" or "lone Objector") filed herein. The Department's procedural regulations afford no basis for the filing of such a Response by AirExcursions, which Response raises no new issue or facts not already raised by Objectorinits detailed 12-page Answer dated September 15, 2014. 1 Since it is unclear whether the Department will grant lone Objector's motion, Harris Air is obliged to make this response.

Whereas it appears almost automatic now for Alaska certificated air carrier objectors to

### MOTION AND RESPONSE OF HARRIS AIR file multiple, unauthorized sur-responses upon sur-responses in any application involving other Alaskacarriers, atboththe application and post-Show Cause phases, lone Objector's Response herein should be rejected as unduly burdensome and a misuse ofthe Department's procedural process. Lone Objector has already availed itselfofthe right to file a detailed Answer. This unauthorized Response raises nothing it has not already raised in its Answer orinthe 2013 Docket.

Notwithstanding, in the event the Department does grant the lone Objector's Motion, Applicant requests that its Motion to file be granted as well.

The lone Objector raises no new argument or issues offact in its October 6 Response not already raised by it inits September 15 Answer and which has already been responded to by Applicant. This device inAlaska cases ofmultiple, unauthorized pleadings filed inboththe predecision phase followed by more ofthe same inthe post-Show Cause Order process is a misuse ofthe process, interposed for delay, and is intended to improperly burden and harass legitimate applicants for certificate authority.

Responded to byApplicant in its September 29 Reply authorized bythe Department's procedural regulations. 2

### MOTIONAND RESPONSE OF HARRIS AIR

October23, 2014

3 

### Resr ctfully 

### submitted,

rreM

Offic s o 1erre 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.Certificate ofService I hereby certify that on October 23, 2014, a copy ofthe foregoing Motion and Response of Harris Aircraft Services, Inc. was served via US 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 Enforcement AGC-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 AIREXURSIONS, 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