Order 2013

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Served: July 18, 2013 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 11 day of July, 2013

Application of

Pinnacle Airlines, Inc.

for the reissuance of its certificates of public convenience and necessity Docket DOT

- OST

- 2013

- 0123

ERRATUM*

ORDER REISSUING CERTIFICATES

Pinnacle Airlines, Inc. d/b/a Delta Connection (“Pinnacle”), an operating U.S. air carrier, holds certificate authority to engage in interstate and foreign scheduled air transportation of persons, property, and mail. 1

On June 27, 2013, Pinnacle filed an application in Docket DOT

- OST

- 2013

- 0123 requesting reissuance

of its certificates i n the new corporate name of the company, Endeavor Air, Inc. 2 The air carrier states that this is a change in corporate name only and does not constitute a change in operations, ownership,

or management.

Part 215 of the Department’s regulations provide s that any air carrier wishing to change its name must first register that name with the Department. The rule further states that the Department may register such name after the air carrier gives notification to similarly named air carriers of the propose d use of the name. In this case, we identified no similarly named air carriers.

By this order, we reissue the certificates of public convenience and necessity held by Pinnacle to reflect the change in corporate name.

ACCORDINGLY , Pursuant to authority assigned by the Depart ment in its regulations,

14 CFR 385.12:

1. We reiss ue in the name Endeavor Air, Inc. d/b/a Delta Connection the certificates of public convenience and necessity issued to Pinnacle Airlines, Inc. d/b/a Delta Connection by Order 2007

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- 2 7 and Order 2008

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- 1 in the forms attached and subject to the terms, conditions, and limitations,

*This erratum is issued to remove a con dition inadvertently left in the “Terms, Conditions, and Limitations” pages of both the Reissued Interstate and Foreign Certificates

. 1 See Order 2007

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- 27 and Order 2008

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- 1, issued October 24, 2007.

2 One hundred percent of outstanding shares of Pinnacle were acquired by Delta Air Lines, Inc. pursuant to a Plan of Reorganization approved by the Pinnacle Bankruptcy Court.2

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

mail.



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

Persons entitled to petition the Department for review of this order under the Department’s Regulations, 14 CFR 385.30, may file their petitions within 10 days of this service date of this order.

This action taken by t his order is effective immediately and the filing of a petition for review shall not

alter its effectiveness.

By:

TODD M. HOMAN

Director Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at http://www.regulations.gov

# Certificate of Public Convenience and Necessity for Interstate Air Transportation

(as reissued)

This Certifies That



# ENDEAVOR AIR, INC.

d/b/a DELTA CONNECTION

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 interstate air transportation of persons,

prop erty, and mail.

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

By Direction of the Secretary

Issued by Order 2013

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- 2 Todd M. Homan On July 11 , 2013 Director Effective on July 11 , 2013 Office of Aviation Analysis

### Attachment

 

### As reissued by Order 2013

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### Terms, Conditions, and Limitations

ENDEAVOR AIR, INC.

d/b/a DELTA CONNECTION

is authorized to engage in interstate scheduled 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 authority is subject to the following provisions:

(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 certificat e, and with such other reasonable terms, conditions, and limitations as the Department of Transportation may prescribe in the public interest.

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

are a lso 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

.  

(3 ) The holder shall at all times remain a "Citizen of the United Sta tes" as required by 49 U.S.C. 40102(a)(15).

(4 ) 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 suf ficient grounds to revoke this certificate.

(5 ) The holder is authorized to conduct charter flights in interstate and/or foreign air transportation in accordance with the provisions of 14 CFR 212

.

(6 ) The holder may reduce or terminate service at any p oint or between any two points, subject to compliance with the provisions of 49 U.S.C. 41734 and all orders and regulations issued by the Department of Transportation under that section.

(7 ) The holder may not provide scheduled passenger air transportation to or from Dallas (Love Field), Texas, except within the limits set forth in section 29 of the International Air Transportation

 This certificate is being reissued to reflect the change in the holder’s corpora te na me from Pinnacle Airlines, Inc. to Endeavor Air, Inc. d/b/a Delta Connection

.

  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.2

Compet ition Act of 1979, as amended or as modified by any futu re legislation addressing access restrictions to or from Love Field.

(8 ) Should 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 commences but subsequently 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 th e 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 authorit y shall be revoked for dorm ancy

.

# Certificate of Public Convenience and Necessity for Foreign Air Transportation

(as reissued)

This Certifies That



# ENDEAVOR AIR, INC.

d/b/a DELTA CONNECTION

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 persons,
propert y, and mail.

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

By Direction of the Secretary

Issued by Order 2013

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- 2 Todd M. Homan On July 11 , 2013 Director Effective on July 11 , 2013 Office of Aviation Analysi sAttachment

 As reissued by Order 2013

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### Terms, Conditions, and Limitations

ENDEAVOR AIR , INC.

d/b/a DELTA CONNECTION

is authorized to engage in foreign air transportation of persons, property, and mail:

Between a point or points in the United States and a point or points in Canada.

This authority is subject to the following provisions:

(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 shall at all times con duct 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 order o f 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 rig hts (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 notif ied 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.

(3) 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.

(4) The holder's authority under this certificate is effective only to the extent that such operations comply with all applicable requirements of the Federal Aviation Administration, Transportation Security Administration, and with all applicable U.S.

 This certificate is being reissued to reflect the change in the holder’s corporate name from
Pinnacle Airlines, Inc. to Endeavor Air, Inc. d/b/a Delta Connection.2

Governme nt requirements concerning security, including, but not limited to, 40 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 i nsurance 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 De partment's regulations shall be sufficient grounds to revoke this certificate.

(7) The holder is authorized to conduct charter flights in interstate and/or foreign air transportation in accordance with the provisions of 14 CFR 212

.

(8) Should 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 commences but subsequently 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 th e 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 securi ty, 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 Administrati on has determined that security is adequate to allow such airport(s) to be served.ATTACHMENT A

SERVICE LIST FOR ENDEAVOR AIR, INC. d/b/a DELTA CONNECTION

ALEXANDER VAN DER BE LLEN

MANAGING DIRECTOR

- INTERNATIONAL AND

REGULATORY AFFAIRS & ASSOCIATE GENERAL

COUNSEL

DELTA AIR LINES INC

1212 NEW YORK AVENUE NW

WASHINGTON DC 20005

1873 SHELL SIMMONS D RIVE

JUNEAU AK 99801 PETER LYNCH

ASST CHIEF COUNSEL FOR ENFORCEMENT (AGC

- 300)

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

CHRISTOPHER WALKER

REGIONAL DIRECTOR

- INTERNATIONAL AND

REGULATORY AFFAIRS

DELTA AIR LINES INC

1212 NEW YORK AVENUE NW

WASHINGTON DC 20005 DAVID SPEED MCLEAN

PRINCIPAL OPERATIONS INSPECTOR

FAA MEMPHIS FSDO

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2847 BUSINESS PARK DR

MEMPHIS TN 38118

MARK MAZOR

CERTIFICATION SECTION MANAGER

FEDERAL AVIATION ADMINISTRATION

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166 OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590