Order 2015

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- 22

Served: April 28, 2015

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 28th day of April, 2015

Applications of

EASTERN AIR LINES GROUP, INC.

for certificates of public convenience and necessity under 49

U.S.C. § 41102 to engage in interstate and foreign charter air

transportation of persons, property

, and mail Docket DOT

- OST

- 201 4

- 0012

Docket DOT

- OST

- 2014

- 0013

FINAL ORDER ISSUING INTERSTATE CERTIFICATE

By Order 2015

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- 16, issued on April 20, 2015, we directed all interested persons to show cause

why we should not make final our tentative findings and conclusions stated in it and award

certificates of public convenience and necessity to Eastern Air Lines Group, Inc. (“Eastern”),

authorizing it to engage in interstate and foreign charter air transportation of persons, property,

and mail. Interested persons were given 5 calendar days to file objections to the order.

No objections to the show

- cause order were received. Thus, by this order, we a re issuing a

certificate authorizing Eastern to engage in interstate charter air transportation of persons,

property, and mail

.

ACCORDINGLY:

1. We find that Eastern Air Lines Group, Inc., is fit, willing, and able to engage in interstate

charter air tr ansportation of persons, property and mail.

2. We issue a certificate of public convenience and necessity to Eastern Air Lines Group,

Inc., to engage in interstate charter air transportation in the form and subject to the Terms,

Conditions, and Limitations attached. 1

3. We direct that s hould Eastern Air Lines Group, Inc., propose to operate more than three

aircraft, it must first notify the Department in writing at least 45 days prior to the proposed

operation and demonstrate its fitness to conduct such operations before their commencement.

1 By this order, we issue only an interstate certificate to Eastern . Issuance of a foreign certificate is subject to

Presidential review under 49 U.S.C. § 41307 and will be handled in a separate order.

U N

I T E D S

T A T E S O F A

M E R I C A D E P A R T M E N T O F T R A N S P O R T A T

I O

N2

4. We direct Eastern Air Lines Group, Inc., to submit to the Air Carrier Fitness Division a

first year progress report within 45 days following the end of its first year of certificated

operations. 2

5. We will serve a copy of this order on the persons listed in Attachment A to this order.

By:

SUSAN L. KURLAND

Assistant Secretary for Aviation

and International Affairs

An electronic version of this document is ava ilable at

http://www.regulations.gov

2 The report shall include a description of the air carrier’s current operations (number and type of aircraft,

principal markets served, total number of full

- time and part

- time employees), a summary of how th ese operations

have changed during the year, a discussion of any changes it anticipates from its current operations during its second

ye ar, current financial statements, and a listing of current senior management and key technical personnel. The air

carri er should also be prepared to meet with staff members of the Fitness Division to discuss its current and future

operations.

# Certificate of Public Convenience and Necessity

for

Interstate Charter Air Transportation

This Certifies That



# EASTERN AIR LINES GROUP, INC.

is authorized, subject to the provisions of Subtitle VII of Title 49 of the United

States Code, the orders, rules, and regulations issued thereunder, and the

attached Terms, Conditions, and Limitations, to engage in interstate charter air

transportation of persons, property

, and mail.

This Certificate is not transferable without the approval of the Department of

Transportation.

By Direction of the Secretary

Issued by Order 2015

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- 22 Susan L. Kurland

On April 28, 2015 Assistant Secretary for

Effective on (see attached) Aviation and International Affairs

### Attachment



### Terms, Conditions, and Limitations

EASTERN AIR LINES GROUP, INC.

is authorized to engage in interstate charter air transportation of persons, property and

mail between any point in any State, territory, or possession of the United States or the

District of Columbia, and any other point in any of those entities.

This auth ority is subject to the following provisions:

(1) The authority to operate under this certificate will not become effective until six

(business) days after the Department has received the following documents; provided

, however , that the Department may sta y the effectiveness of this authority at any time

prior to that date:

(a) A copy of the holder's Air Carrier Certificate and Operations

Specifications authorizing such operations from the Federal Aviation

Administration (FAA).

(b) A certificate of insura nce on OST Form 6410 evidencing liability

insurance coverage meeting the requirements of 14 CFR 205.5(b) for all of its

aircraft.

(c) A statement of any changes the holder has undergone in its ownership, key

personnel, operating plans, financial posture, or compliance history, since the

date of the Show Cause Order in this case.

(d) A revised list of pre

- operating expenses already paid and those remaining

to be paid, as well as independent verification that the holder has available to it

funds sufficient to cover any remaining pre

- operating expenses and to provide a

working capital reserve equal to the operating costs that would be incurred in

three months of operations.

(2) Pending receipt of effective authority, the holder may not accept payment of any

kind (i.e., cash, check, or credit card) or issue waybills for the operations proposed under

this certificate, and any advertisement or listing of flights by the holder must prominently

state: "This service is subject to receipt of government operating aut hority."

(3) The holder shall at all times conduct its operations in accordance with the

regulations prescribed by the Department of Transportation for the services authorized

by this certificate, and with such other reasonable terms, conditions, and limitations as

the Department of Transportation may prescribe in the public interest.2

(4 ) The holder's authority under this certificate is effective only to the extent that such

operations are also authorized by the Federal Aviation Administration (FAA), and

comply with all U.S. Government requirements concerning security, including, but not

limited to 49 CFR Part 1544. ∗

( 5 ) The holder shall at all times remain a "Citizen of the United States" as required

by 49 U.S.C. 40102(a)(15).

( 6 ) The holder shall maintain in effect liability insurance coverage as required under

14 CFR Part 205. Failure to maintain such insurance coverage will render a certificate

ineffective, and this or other failure to comply with the provisions of Subtitle VII of Title

49 of the United States Code or the Department's regulations shall be sufficient grounds

to revoke this certificate.

( 7

) The holder is not authorized to engage in air transportation operations between

points within the State of Alaska.

( 8 ) Shoul d the holder propose any substantial change in its ownership, management,

or operations (as defined in 14 CFR 204.2(l)), it must first comply with the requirements

of 14 CFR 204.5.

( 9 ) In the event that the holder does not commence actual flying operation s under this

certificate within one year of the date of the Department's determination of its fitness, its

authority shall be revoked for dormancy, unless the holder is conducting operations

under another type of certificate authority. Further, in the eve nt that the holder

commences operations for which it was found "fit, willing, and able" and subsequently

ceases all such operations, its authority under all certificates held shall be suspended

under the terms of 14 CFR 204.7 and the holder may neither rec ommence nor advertise

such operations unless its fitness to do so has been redetermined by the Department.

Moreover, if the holder does not resume operations within one year of its cessation, its

authority shall be revoked for dormancy.

∗ To assure compliance with all applicable U.S. Government requirements concerning security, the holder

shall, before commencing an y new service (including charter flights) to or from a foreign airport, contact

its Principal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the

Transportation Security Administration has determined that security is adequat e to allow such airport(s) to

be served.ATTACHMENT A

SERVICE LIST FOR

EASTERN AIR LINES GROUP, INC.

MR ED WEGEL

CEO

EASTERN AIRLINES

MIAMI INTL AIRPORT

MIAMI FL 3 3142

MR JOHN MIETUS

LAW OFFICE OF JOHN MIETUS LLC

6701 DEMOCRACY BLVD

BETHESDA MD 20817

- 7500

MR BRIAN KARNS

CERTIFICATION PROJECT MANAGER

FEDERAL AVIATION ADMINISTRATION

MR PETER LYNCH AGC

- 300

ASST CHIEF COUNSEL FOR

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MR MICHAEL HAMBRICK

MR STEPHEN LEGERE

MR DAVID SAUCIER

FEDERAL AVIATION ADMINISTRATION

MIRAMAR FL 33027 MR WILLIAM CHADWICK

OFFICE OF AIRLINE INFO

DEPT OF TRANSPORTATION

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR MARK MAZOR AFS

- 900

MANAGER CSET

FAA SUITE 203B

45005 AVIATION DRIVE

DULLES VA 20166

- 7537

MS KATHERINE TATUM

TECHNICAL PROGRAMS BRANCH

AFS 260

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591