Order 2015

- 5

- 11 Served: May 1 8 , 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

Application of

EASTERN AIR LINES GROUP, INC.

for a certificate of public convenience and necessity under 49 U.S.C. § 41102 to engage in foreign charter air transportation of persons, property, and mail Docket DOT

- OST

- 2014

- 0013

ORDER ISSUING FOREIGN CERTIFICATE

By Order 2015

- 4

- 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 t he show

- cause order were received. Thus, by this order, we are issuing a certificate authorizing Eastern to engage in foreign charter air transportation of persons, property, and mail. 1

ACCORDINGLY

,

1. We find that Eastern Air Lines Group, Inc., is fit , willing, and able to engage in foreign charter air transportation of persons, property, and mail.

2. We issue a certificate of public convenience and necessity to Eastern Ai r Lines Group, Inc. , to engage in foreign charter air transportation of persons, property

, and mail.

3

. Unless disapproved by the President of the United States under section 41307 of the Transportation Code, this order shall become effective on the 61 st day after its submission for section 41307 review or upon the date of receipt o f advice from the President or his designee under Executive Order 12597 and implementing regulations that he or she does

1 By Order 2015

- 4

- 22

, issued April 28, 2015 , the Department found Eastern fit to engage in interstate

charter passenger air transportation and issued to the air carrier an interstate charter certificate authorizing such operations

.2

not intend to disapprove the Department's order under that section, whichever occurs

earlier. 2

4. We direct that s hould Eastern Air L ines 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

.

5

. 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. 3

6. We will serve a copy of this order on the persons listed in Atta chment A.

By:

SUSAN L. KURLAND Assistant Secretary for Aviation

and International Affairs

An electronic version of this document is available at http://www.regulations.gov

2 This order was submitted for section 41307 review on April 28, 2 015. On May 1 8 , 2015, we received notification that the President’s designee under Executive Order 12597 and implementing regulations did not intend to disapprove the Department’s order.

3 The report shall include a description of the air carrier’s cur rent operations (number and type of aircraft, principal markets served, total number of full

- time and part

- time employees), a summary of how these operations have changed during the year, a discussion of any changes it anticipates from its current operatio ns during its second year, current financial statements, and resumes of current senior management and key technical personnel. Eastern 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 Foreign 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 foreign charter air transportation of pers ons, 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

- 5

- 11 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 foreign charter air transportation of persons, property and mail:

Between any place in the United States and any place outside thereof.

This authority is subject to the following provisions:

(1) The authority to operate under this certificate will not become effective until six (business) days afte r the Department has received the following documents; provided

, however

, that the Department may stay 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 insurance 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 remai ning 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 mo nths 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 enter into contracts for the operations proposed under this certificate, and any advertisement by the hol der must prominently state: "This service is subject to receipt of government operating authority."

(3) The holder shall at all times conduct its operations in accordance with the regulations prescribed by the Department of Transportation for the service s authorized by this certificate, and with such other reasonable terms, conditions, and limitations as the Department of Transportation may prescribe in the public interest.

(4) The holder shall at all times conduct its operations in accordance with all t reaties 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 with2

any orders of the Department of Transportation issued u nder them or for the purpose of requiring compliance with them.



### ( 5 ) 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.

( 6 ) The holder' s authority under this certificate is effective only to the extent that such operations are also authorized by the FAA, and comply with all U.S. Government requirements
concerning security, including, but not limited to 49 CFR Part 1544. ∗

( 7

) The holder s hall at all times remain a "Citizen of the U nited States" as required by

49 U.S.C. § 40102(a)(15).

( 8 ) The holder shall maintain in effect liability insuranc e coverage as required under

14 CFR Part 205. Failure to maintain such insurance coverage will re nder 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.

( 9 ) Should the holder pro pose 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.

(1 0 ) In the event that the holder does not commence actual flying operations 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 operat ions under another type of certificate authority. Further, in the event 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 su spended 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 ce ssation, its authority shall be revoked for dormancy.

∗ 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 a dvise 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.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

M R 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

KATHERINE TATUM

TECHNICAL PROGRAMS BRANCH

AFS 260

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591