Order 2015-5-11

Served: May 18, 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 the 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 Air 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 61st day after its submission 

for section 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 

 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 should 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.

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 Attachment 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, 2015. On May 18, 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 current 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 

operations 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 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 2015-5-11 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 after 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 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 enter into contracts for the operations proposed under this 

certificate, and any advertisement by the holder 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 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.

(4) 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 
2

any orders of the Department of Transportation issued under 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 shall at all times remain a "Citizen of the United States" as required by 

49 U.S.C. § 40102(a)(15).

(8) 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.

(9) 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.

(10) 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 operations 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 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.

 ∗

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.
ATTACHMENT A

SERVICE LIST FOR

EASTERN AIR LINES GROUP, INC.

MR ED WEGEL

CEO

EASTERN AIRLINES

MIAMI INTL AIRPORT

MIAMI FL 33142

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

KATHERINE TATUM

TECHNICAL PROGRAMS BRANCH

AFS 260

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591