Order 2013-7-7

 

 UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation

on the 8th day of May, 2013

 

Served: July 9, 2013

Dockets DOT-OST-2011-0076

DOT-OST-2001-10068

Dockets DOT-OST-2011-0076

DOT-OST-2011-0179

DOT-OST-2008-0105

Dockets DOT-OST-2011-0076

DOT-OST-1999-6663

Application of

 AMERIJET INTERNATIONAL, INC.

 (Amerijet)

for renewed certificate of public convenience and 

necessity pursuant to 49 U.S.C. §41102 (U.S.-

Mexico all-cargo)

Application of

 FEDERAL EXPRESS CORPORATION

 (FedEx Express)

for renewed certificate of public convenience and 

necessity pursuant to 49 U.S.C. §41102 (U.S.-

Mexico all-cargo)

Application of

 UNITED PARCEL SERVICE CO. (UPS)

for renewed certificate of public convenience and 

necessity pursuant to 49 U.S.C. §41102 (U.S.-

Mexico all-cargo)
ORDER ISSUING CERTIFICATES

Decision

By this order we renew certificate authority to the captioned applicants to provide foreign 

scheduled air transportation of property and mail between various points in the United States and 

various points in Mexico.1

 We also amend the certificate authority of FedEx Express to add new 

U.S.-Mexico city pairs (Memphis-Queretaro, Mobile-Queretaro, and Indianapolis-Guadalajara) 

that the carrier had requested in an earlier filed certificate application.2

 The subject carriers have 

filed and perfected each application as required by 14 CFR 201 and served it as required by 14 

CFR 302.203(b). (See Attachment A to this order for a summary description of these 

applications, the relevant authority the applicants currently hold, and the disposition of their 

requests.)

The public convenience and necessity bases for granting these applications to the extent set forth 

in this order are clear, and the applications are not controversial. Therefore, it is appropriate to 

use these simplified Subpart B procedures to grant the requests under assigned authority.3 Each 

of the applicants receiving authority by this order is fit and a citizen of the United States as 

defined in 49 U.S.C. §40102(a)(15).4

The attached certificates are consistent with the U.S.-Mexico Air Transport Agreement and 

authorize the use of rights for which the United States has exchanged valuable operating rights. 

All of the authority conferred here contributes to the variety of price and service options 

available to shippers. We therefore find, under assigned authority, that the public interest 

warrants granting the certificates, in the form attached and subject to the conditions outlined in 

each of those certificates.5

 1 Since we last renewed this authority, we have established a Mexico Procedural Docket (DOT-OST-2011-0076), a 

docket pertaining exclusively to U.S.-Mexico licensing matters. Consistent with Order 2012-1-30, we are placing a 

copy of this order in that docket. 2 FedEx Express applied in Docket DOT-OST-2011-0179 for both exemption and certificate authority to serve the 

new points. We awarded the exemption authority and deferred on the certificate request. See Notice of Action 

Taken dated September 30, 2011, in that docket. FedEx Express’ certificate amendment request sought either the 

specific new points, or “between a point or points in the United States and a point or points in Mexico.” We are 

awarding the specific point authority, as we had previously done by exemption, but not the broad authority. We 

have previously considered the issue of awarding broad U.S.-Mexico scheduled all-cargo authority and are again 

deciding against doing so. See Order 2008-7-15. We find that the determinations we reached before remain 

applicable. Therefore, we will deny FedEx Express’ alternative request for broad U.S.-Mexico certificate authority. 3

 Under Rules 33(b) and 212, we may, in our discretion, omit a tentative decision in proceedings under Subpart B 

and proceed directly to a final decision. 4 By Order 2007-7-4 (issued May 7, 2007), Amerijet, FedEx, and UPS were found to be citizens of the United States 

and fit, willing, and able to provide scheduled foreign air transportation of property and mail as certificated air 

carriers under section 41102 of Title 49 U.S.C.

5 The renewal applications of Amerijet and UPS were not timely filed (i.e., 180 days before expiration of the subject 

authority), and the carriers accompanied their renewal applications with requests for waivers of the advance filing 

requirements pursuant to 14 CFR Part 377. In the circumstances presented, including the absence of opposition to 

the applications, we will grant Amerijet and UPS waivers of the advance filing requirement.
Terms, Conditions, and Limitations

General

Each certificate of public convenience and necessity is subject to the standard terms, conditions, 

and limitations we consistently impose in the public interest. All of the certificate actions taken 

by this order pertain to limited-entry routes. Therefore, consistent with our established policy in 

this regard, the certificates issued here are for five years’ duration under 49 U.S.C. §41102 (c).6

Further, consistent with our policy regarding U.S.-Mexico authorizations, we will issue the 

subject U.S.-Mexico authority on a city-pair basis, imposing the standard 90-day dormancy 

condition and dormancy notice requirements for U.S.-Mexico authority set forth in condition 7 

of Appendix A of Order 88-10-2.7 Also, consistent with our policy for U.S.-Mexico authority, 

we will not impose our standard condition on authority that is identified as intermittent.8

 

Further, the U.S.-Mexico all-cargo certificates attached include a standard condition that 

provides for each of the carriers to (1) combine services on all of their authorized U.S.-Mexico 

city-pair route segments, and (2) combine those services with other all-cargo certificate or 

exemption authorizations for U.S.-Mexico city-pair markets granted by the Department. 

With respect to each of the applicants’ requests for U.S.-foreign country route integration 

authority, we note that, by Order 2010-12-24, the Department renewed each of the applicant’s

blanket route integration certificates. Therefore, we dismiss, as moot, that portion of each 

applicant’s request.

Findings and Conclusions

In view of the foregoing and all the facts of record, we find and conclude that: 

1. It is consistent with the public convenience and necessity to issue each applicant a 

certificate in the form attached;

2. Each applicant is a citizen of the United States and is fit, willing and able to perform 

properly the foreign air transportation described in the attached certificate and to conform 

to the provisions of Subtitle VII of Title 49, United States Code (Transportation), and to 

the Department’s rules, regulations, and requirements;

3. The public interest requires that the exercise of the privileges granted by the attached 

certificates be subject to the terms, conditions, and limitations contained in and attached 

to those certificates and to such others required by the public interest as the Department 

may prescribe;

 6 14 CFR Part 399.120. 7 Dormancy conditions require carriers to advise the Department as soon as the decision to discontinue service is 

made, but in no case later than the 91st day of dormancy. Notices should be filed in the Mexico Procedural Docket 

(DOT-OST-2011-0076), pursuant to the procedures described in Order 2012-1-30. 8 See Order 96-11-24, issued November 7, 1996, for a description of such intermittent all-cargo service and the 

Department’s policy for implementing modified dormancy conditions to provide carriers with adequate operational 

flexibility in markets that have been identified as being served on an intermittent basis.
4. The issuance of the certificates does not constitute a major regulatory action under the 

Energy Policy and Conservation Act of 1975, as defined by section 313.4(a)(1) of the 

Department’s regulations;9 and

5. The public interest does not require an oral evidentiary hearing or a show-cause 

proceeding on any of these applications. There are no material, determinative issues of 

fact requiring such procedures for their resolution.

In view of the above, and acting under authority assigned by the Department , we find that the

action here is consistent with Department policy. Persons entitled to petition the Department for 

review of this action under the Department’s Regulations, 14 CFR § 385.30, may file their 

petitions within seven (7) days after the date of service of this Order. This action was effective 

on the date indicated below, and the filing of a petition for review will not alter such 

effectiveness.

ACCORDINGLY,

1. We amend, renew, and reissue, as appropriate and as stated, in the form attached, 

certificates of public convenience and necessity to the applicants listed in the caption of 

this order;

2. The certificates issued to each of the captioned carriers will be effective upon the 

service date of this order; 

3. We grant the requests of Amerijet International, Inc. and United Parcel Service Co. for 

waivers of the 180 day advance filing requirement under 14 CFR 377.10(c);

4. We deny the application of Federal Express Corporation, in Docket DOT-OST-2011-

0179, to the extent that it requests broad U.S.-Mexico all-cargo certificate authority;

5. We dismiss, as moot, the applications to the extent that the applicants request route 

integration authority for the subject U.S.-Mexico all-cargo services authorized by this 

order; 

6. Unless disapproved by the President of the United States under 49 U.S.C. § 41307, this 

order shall become effective upon the 61st day after its submission for § 41307 review, 

or upon the date of receipt of advice from the President or his designee under Executive 

Order 12597 and implementing regulations that he or she does not intend to disapprove 

the Department’s order under that section, whichever occurs earlier; 10 and

 9 Our finding is based on the fact that the grant of each application would not result in a near-term increase in annual 

fuel consumption in excess of 10 million gallons. 10 This order was submitted for review under 49 USC Section 41307 on May 8, 2013. The 61st day is July 8, 2013. 

Since the President or his designee did not disapprove this order before that date, it became effective on July 8, 

2013.
7. We will serve this order on Amerijet International, Inc.; Federal Express Corporation; 

United Parcel Service Co.; the Ambassador of Mexico in Washington, D.C.; the U.S. 

Department of State (Office of Aviation Negotiations), and the Federal Aviation 

Administration.

By: 

PAUL L. GRETCH

 Director

Office of International Aviation
Attachment A

Page 1 of 2

SUMMARY OF U.S.-MEXICO CERTIFICATE APPLICATIONS – FOR 

INFORMATION ONLY

CARRIER APPLICATION 

DATE

DOCKET APPLICATION 

REQUESTS

DISPOSTION 

OF REQUESTS 

IN THIS 

ORDER

Amerijet March 4, 2013 DOT-OST-2001-

10068

Renewal of the U.S.-

Mexico authority for 

Route 570, last issued by 

Order 2008-7-15.

The carrier also requested 

renewal of its route 

integration authority.

Waiver of advance filing 

requirements required by 

14 CFR Part 377.

Grants carrier’s 

request to renew 

Route 570.

Dismisses, as 

moot, carrier’s 

U.S.-foreign 

route integration 

request.

Grants waiver.

FedEx

Express

January 10, 2013 DOT-OST-2011-

0105

Renewal of the U.S.-

Mexico authority for 

Route 568, last issued by 

Order 2008-7-15.

The carrier also requested 

route integration authority.

Grants carrier’s 

request to renew 

Route 568.

Dismisses, as 

moot, carrier’s 

U.S.-foreign 

route integration 

request
Attachment A

Page 2 of 2

FedEx 

Express

September 19, 

2011

DOT-OST-2011-

0179

Amendment of certificate 

for Route 568 to add the 

authority for all-cargo 

service between (1) 

Memphis and Mobile, on 

the one hand, and 

Queretaro, on the other 

hand; and (2) Indianapolis

and Guadalajara. FedEx 

Express currently holds 

authority by exemption. 

See Notice of Action 

Taken dated 9/30/11, in 

Docket DOT-OST-2011-

0179.

In the alternative, FedEx 

Express requests broad 

U.S.-Mexico certificate 

authority.

Grants request 

for amendment.

Denies 

alternative 

request. See

footnote 2, 

above.

UPS February 26, 2013 DOT-OST-1999-

6663

Renewal of the U.S.-

Mexico authority for 

Route 569, last issued by 

Order 2008-7-15.

The carrier also requested 

renewal of its route 

integration authority.

Waiver of advance filing 

requirements required by 

14 CFR Part 377.

Grants carrier’s 

request to renew 

Route 569.

Dismisses, as 

moot, carrier’s 

U.S.-foreign 

route integration 

request.

Grants waiver.
Experimental

Certificate of Public

Convenience and Necessity

for 

 

ROUTE 570

(as reissued)

This Certifies That

AMERIJET INTERNATIONAL, INC.

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

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

attached Terms, Conditions, and Limitations, to engage in foreign air 

transportation of property and mail.

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

the Transportation.

 By Direction of the Secretary

Issued by Order 2013-7-7 Paul L. Gretch 

On May 8, 2013 Director, Office of 

Effective on July 8, 2013 International Aviation
* As renewed by 

Order 2013-7-7

Route 570

Page 1 of 3

Terms, Conditions, and Limitations

Amerijet International, Inc. for Route 570

is authorized to engage in scheduled foreign air transportation of property and mail over the 

following U.S.-Mexico city-pair route segments:

Ft. Lauderdale, Florida-Cancun

Ft. Lauderdale, Florida-Guadalajara

Ft. Lauderdale, Florida-Merida

Ft. Lauderdale, Florida-Mexico City

Miami, Florida-Cancun

Miami, Florida-Guadalajara

Miami, Florida-Merida

Miami, Florida-Mexico City

This authority is subject to the following conditions:

(1) 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) The holder is not authorized to carry passengers (other than cargo attendants 

accompanying freight shipments).

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

agreements between the United States and other countries, and the exercise of the privileges 

granted by this certificate is subject to compliance with such treaties and agreements and with 

any orders of the Department of Transportation issued under them. To the extent that the holder 

has authority to serve more than one country or points in more than one country on the same 

route segment, that authority does not confer upon the holder any additional rights (including 

fifth-freedom intermediate and/or beyond rights) in limited-entry markets unless the Department 

has completed any necessary carrier selection procedures to determine which carrier(s) should be 

authorized to exercise such rights and has notified the foreign country(ies) involved that any such 

selected carrier(s) has the required authority. In such cases, the fact that the carrier may hold 

authority to serve the countries (points) at issue on the same segment will not be considered as 

providing any preference to the holder in a carrier selection proceeding.

(4) The exercise of the authority granted here is subject to the holder’s first obtaining from 

the appropriate foreign governments such operating rights as may be necessary. 
Order 2013-7-7

Route 570

Page 2 of 3

(5) The holder’s authority is effective only to the extent that such operations comply with all 

applicable requirements of the Federal Aviation Administration, the Transportation Security 

Administration, and with all applicable U.S. Government requirements concerning security, 

including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. 

Government requirements concerning security, the holder shall, before commencing any 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 adequate to allow such airport(s) to be served. 

(6) The holder shall at all times remain a “Citizen of the United States,” as required by 

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

(7) 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 49 U.S.C. or the 

Department’s regulations shall be sufficient grounds to revoke this certificate.

(8) The holder acknowledges that this certificate is granted to determine if the holder’s 

projected services, efficiencies, methods, rates, fares, charges, and other projected results will, in 

fact, materialize and remain for a sustained period of time, and to determine whether the holder 

will provide the innovative and low-priced air transportation it proposed in its application for this 

authority. 

(9)(a) The holder may combine services on all city-pair route segments of this certificate and 

combine services on this certificate with U.S.-Mexico all-cargo services authorized by other 

Department of Transportation certificates or exemptions, subject to the conditions below.

(9)(b) The provisions in paragraph (9)(a), above, shall not authorize services which would 

constitute multiple designations on city-pair route segments where such multiple designations are 

not agreed to by the United States and Mexico. 

(10) The holder shall file a notice with the Department if it discontinues services on a city-pair 

route segment for 90 days or longer. This notice shall be given as soon as the decision to 

discontinue service (other than seasonal/intermittent) is made, but in no case later than the 91st

day of dormancy. Notices shall be filed in the Mexico Procedural Docket (DOT-OST-2011-

0076), pursuant to the procedures described in Order 2012-1-30 and identify the dormant citypair route segment, and the date the market became (or will become) dormant.

(11) Should the holder propose any substantial changes in its ownership, management, or 

operations (as that term is defined in 14 CFR 204 of the Department’s regulations), it must 

comply with the requirements of 14 CFR 204.5.
Order 2013-7-7

Route 570

Page 3 of 3

(12) In the event the holder ceases all operations for which it was found “fit, willing, and 

able,” its authority under this certificate shall be suspended under the terms of 14 CFR 204.7 and 

the holder may neither recommence 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.

This certificate shall become effective July 8, 2013; provided, however, that prior to the date on 

which the certificate would otherwise become effective, the Department, either on its own 

initiative or upon the timely filing of a petition for reconsideration of the order issuing this 

certificate, may by order or orders extend such effective date from time to time.

The authority to serve each city-pair route segment in this certificate shall continue in effect until

July 8, 2018; notwithstanding the above, however, the authority to serve any city-pair route 

segment shall expire automatically and revert to the Department (a) the 90th day after the holder 

discontinues service on that segment, or (b) the holder notifies the Department (as provided in 

this certificate) that the segment is dormant, whichever occurs earlier; unless the Department 

earlier suspends, modifies, or deletes the authority.
Experimental

Certificate of Public

Convenience and Necessity

for 

ROUTE 568

(as reissued)

This Certifies That

FEDERAL EXPRESS CORPORATION

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

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

attached Terms, Conditions, and Limitations, to engage in foreign air 

transportation of property and mail.

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

the Transportation.

 By Direction of the Secretary

Issued by Order 2013-7-7 Paul L. Gretch 

On May 8, 2013 Director, Office of 

Effective on July 8, 2013 International Aviation
* As renewed and amended by 

Order 2013-7-7

Route 568

Page 1 of 3

Terms, Conditions, and Limitations

Federal Express Corporation for Route 568

is authorized to engage in scheduled foreign air transportation of property and mail over the 

following U.S.-Mexico city-pair route segments:

Lafayette, Louisiana-Guadalajara

Harlingen, Texas-Guadalajara

Harlingen, Texas-Monterrey

Harlingen, Texas-Toluca

Indianapolis, Indiana-Guadalajara

Memphis, Tennessee-Guadalajara

Memphis, Tennessee-Monterrey

Memphis, Tennessee-Queretaro

Memphis, Tennessee-Toluca

Mobile, Alabama-Queretaro

Oakland, California-Guadalajara

Oakland, California-Monterrey

This authority is subject to the following conditions:

(1) 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) The holder is not authorized to carry passengers (other than cargo attendants 

accompanying freight shipments).

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

agreements between the United States and other countries, and the exercise of the privileges 

granted by this certificate is subject to compliance with such treaties and agreements and with 

any orders of the Department of Transportation issued under them. To the extent that the holder 

has authority to serve more than one country or points in more than one country on the same 

route segment, that authority does not confer upon the holder any additional rights (including 

fifth-freedom intermediate and/or beyond rights) in limited-entry markets unless the Department 

has completed any necessary carrier selection procedures to determine which carrier(s) should be 

authorized to exercise such rights and has notified the foreign country(ies) involved that any such 

selected carrier(s) has the required authority. In such cases, the fact that the carrier may hold 

authority to serve the countries (points) at issue on the same segment will not be considered as 

providing any preference to the holder in a carrier selection proceeding.
Order 2013-7-7

Route 568

Page 2 of 3

(4) The exercise of the authority granted here is subject to the holder’s first obtaining from 

the appropriate foreign governments such operating rights as may be necessary. 

(5) The holder’s authority is effective only to the extent that such operations comply with all 

applicable requirements of the Federal Aviation Administration, the Transportation Security 

Administration, and with all applicable U.S. Government requirements concerning security, 

including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. 

Government requirements concerning security, the holder shall, before commencing any 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 adequate to allow such airport(s) to be served. 

(6) The holder shall at all times remain a “Citizen of the United States,” as required by 

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

(7) 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 49 U.S.C. or the 

Department’s regulations shall be sufficient grounds to revoke this certificate.

(8) The holder acknowledges that this certificate is granted to determine if the holder’s 

projected services, efficiencies, methods, rates, fares, charges, and other projected results will, in 

fact, materialize and remain for a sustained period of time, and to determine whether the holder 

will provide the innovative and low-priced air transportation it proposed in its application for this 

authority. 

(9)(a) The holder may combine services on all city-pair route segments of this certificate and 

combine services on this certificate with U.S.-Mexico all-cargo services authorized by other 

Department of Transportation certificates or exemptions, subject to the conditions below.

(9)(b) The provisions in paragraph (9)(a), above, shall not authorize services which would 

constitute multiple designations on city-pair route segments where such multiple designations are 

not agreed to by the United States and Mexico. 

(10) The holder shall file a notice with the Department if it discontinues services on a city-pair 

route segment for 90 days or longer. This notice shall be given as soon as the decision to 

discontinue service (other than seasonal/intermittent) is made, but in no case later than the 91st

day of dormancy. Notices shall be filed in the Mexico Procedural Docket (DOT-OST-2011-

0076), pursuant to the procedures described in Order 2012-1-30 and identify the dormant citypair route segment, and the date the market became (or will become) dormant.

(11) Should the holder propose any substantial changes in its ownership, management, or 

operations (as that term is defined in 14 CFR 204 of the Department’s regulations), it must 

comply with the requirements of 14 CFR 204.5.
Order 2013-7-7

Route 568

Page 3 of 3

(12) In the event the holder ceases all operations for which it was found “fit, willing, and 

able,” its authority under this certificate shall be suspended under the terms of 14 CFR 204.7 and 

the holder may neither recommence 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.

This certificate shall become effective July 8, 2013; provided, however, that prior to the date on 

which the certificate would otherwise become effective, the Department, either on its own 

initiative or upon the timely filing of a petition for reconsideration of the order issuing this 

certificate, may by order or orders extend such effective date from time to time.

The authority to serve each city-pair route segment in this certificate shall continue in effect until

July 8, 2018; notwithstanding the above, however, the authority to serve any city-pair route 

segment shall expire automatically and revert to the Department (a) the 90th day after the holder 

discontinues service on that segment, or (b) the holder notifies the Department (as provided in 

this certificate) that the segment is dormant, whichever occurs earlier; unless the Department 

earlier suspends, modifies, or deletes the authority.
Experimental

Certificate of Public

Convenience and Necessity

for

 

ROUTE 569

(as reissued)

This Certifies That

UNITED PARCEL SERVICE CO.

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

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

attached Terms, Conditions, and Limitations, to engage in foreign air 

transportation of property and mail.

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

the Transportation.

 By Direction of the Secretary

Issued by Order 2013-7-7 Paul L. Gretch 

On May 8, 2013 Director, Office of 

Effective on July 8, 2013 International Aviation
* As renewed by 

Order 2013-7-7

Route 569

Page 1 of 3

Terms, Conditions, and Limitations

United Parcel Service Co. for Route 569

is authorized to engage in scheduled foreign air transportation of property and mail over 

the following U.S.-Mexico city-pair route segments:

Austin, Texas-Monterrey

Houston, Texas-Mexico City

Louisville, Kentucky-Guadalajara

Louisville, Kentucky-Mexico City

Louisville, Kentucky-Monterrey

San Antonio, Texas-Guadalajara

San Antonio, Texas-Monterrey

This authority is subject to the following conditions:

(1) 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) The holder is not authorized to carry passengers (other than cargo attendants 

accompanying freight shipments).

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

and agreements between the United States and other countries, and the exercise of the 

privileges granted by this certificate is subject to compliance with such treaties and 

agreements and with any orders of the Department of Transportation issued under them. 

To the extent that the holder has authority to serve more than one country or points in 

more than one country on the same route segment, that authority does not confer upon the 

holder any additional rights (including fifth-freedom intermediate and/or beyond rights) 

in limited-entry markets unless the Department has completed any necessary carrier 

selection procedures to determine which carrier(s) should be authorized to exercise such 

rights and has notified the foreign country(ies) involved that any such selected carrier(s) 

has the required authority. In such cases, the fact that the carrier may hold authority to 

serve the countries (points) at issue on the same segment will not be considered as 

providing any preference to the holder in a carrier selection proceeding.

(4) The exercise of the authority granted here is subject to the holder’s first obtaining 

from the appropriate foreign governments such operating rights as may be necessary. 
Order 2013-7-7

Route 569

Page 2 of 3

(5) The holder’s authority is effective only to the extent that such operations comply 

with all applicable requirements of the Federal Aviation Administration, the 

Transportation Security Administration, and with all applicable U.S. Government 

requirements concerning security, including, but not limited to, 49 CFR Part 1544. To 

assure compliance with all applicable U.S. Government requirements concerning 

security, the holder shall, before commencing any 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 adequate to allow such airport(s) to be served. 

(6) The holder shall at all times remain a “Citizen of the United States,” as required 

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

(7) 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 49 

U.S.C. or the Department’s regulations shall be sufficient grounds to revoke this 

certificate.

(8) The holder acknowledges that this certificate is granted to determine if the 

holder’s projected services, efficiencies, methods, rates, fares, charges, and other 

projected results will, in fact, materialize and remain for a sustained period of time, and 

to determine whether the holder will provide the innovative and low-priced air 

transportation it proposed in its application for this authority. 

(9)(a) The holder may combine services on all city-pair route segments of this certificate 

and combine services on this certificate with U.S.-Mexico all-cargo services authorized 

by other Department of Transportation certificates or exemptions, subject to the 

conditions below.

(9)(b) The provisions in paragraph (9)(a), above, shall not authorize services which 

would constitute multiple designations on city-pair route segments where such multiple 

designations are not agreed to by the United States and Mexico. 

(10) The holder shall file a notice with the Department if it discontinues services on a 

city-pair route segment for 90 days or longer. This notice shall be given as soon as the 

decision to discontinue service (other than seasonal/intermittent) is made, but in no case 

later than the 91st day of dormancy. Notices shall be filed in the Mexico Procedural 

Docket (DOT-OST-2011-0076), pursuant to the procedures described in Order 2012-1-30 

and identify the dormant city-pair route segment, and the date the market became (or will 

become) dormant.

(11) Should the holder propose any substantial changes in its ownership, management, 

or operations (as that term is defined in 14 CFR 204 of the Department’s regulations), it 

must comply with the requirements of 14 CFR 204.5.
Order 2013-7-7

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(12) In the event the holder ceases all operations for which it was found “fit, willing, 

and able,” its authority under this certificate shall be suspended under the terms of 14 

CFR 204.7 and the holder may neither recommence 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.

This certificate shall become effective July 8, 2013; provided, however, that prior to the 

date on which the certificate would otherwise become effective, the Department, either 

on its own initiative or upon the timely filing of a petition for reconsideration of the order 

issuing this certificate, may by order or orders extend such effective date from time to 

time.

The authority to serve each city-pair route segment in this certificate shall continue in 

effect until July 8, 2018; notwithstanding the above, however, the authority to serve any 

city-pair route segment shall expire automatically and revert to the Department (a) the 

90th day after the holder discontinues service on that segment, or (b) the holder notifies 

the Department (as provided in this certificate) that the segment is dormant, whichever 

occurs earlier; unless the Department earlier suspends, modifies, or deletes the authority.