Order: 2014

- 4

- 13 Served: April 15, 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 15 th day of April , 20 14

A pplication of

AMERICAN EAGLE AIRLINES, INC.

for registration of trade name and reissuance

of certificates of public convenience and necessity

under 49 U.S.C. § 41102 Docket DOT

- OST

- 2014

- 0027

Docket DOT

- OST

- 2011

- 0076

ORDER

On February 7, 2014, American Eagle Airlines, Inc. (“American Eagle Airlines”), filed an application in Docket DOT

- OST

- 2014

- 0027 requesting that the Department reissue its certificates of public convenience and necessity and certain other authorities currently issued to the company in the corporate name Envoy Air Inc. (“Envoy Air”). Specifically, American Eagle Airlines requests that the Department reissue its interstate certificate issued by Order 98

- 4

- 24 and its foreign certificates for Routes 537, 905, and 906, issued by Orders 98

- 5

- 12, 2011

- 8

- 9,

and 2011

- 11

- 19

, respectively. American Eagle Airlines also request s that the Department reissue

its s mall

- a ircraft designation s

. 1 The company states that this request is for a change in corporate

name only and does not constitute a change in the air carrier’s operations, ownership, or management. The change in name is expected to occur on April 15, 2014.

B y letter dated March 12, 2014, American Eagle Airlines also r equested that the Department register to Envoy Air the trade name “American Eagle” for use in connection with the services that Envoy Air will perform on behalf of American Airlines, Inc.

Part 215 of the Department’s regulations provides that any air carr ier 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 proposed use of the name. In this case, we identified no similarly named air carriers.

Therefore, by this order, we (1) revise American Eagle Airlines’ interstate certificate to reflect

the company’s new corporate name ; (2) revise American Eagle Airlines’ foreign certificates to

1 In accordance with 14 CFR § 206.5, American Eagle Airlines currently operate s small aircraft in several

U.S.

- Mexico city

- pair markets. As requested in the instant Docket, we will withdraw the designation of American Eagle Airlines and designate Envoy Air for those routes ( See Attachment C)

. We will also post notice of our action

in the Mexico Procedural Docket , Docket DOT

- OST

- 2011

- 0076.

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

reflect the change in corporate name ; and (3) register the trade name “American Eagle” for use by Envoy Air in certain of its air transportation operations.

ACCORDINGLY

, Pursuant to authority assigned by the Department in its regulations,

14 CFR 385.12:

1. We revise in the name Envoy Air Inc.

, the interstate certificate of public convenience and necessity issued to American Eag le Airlines, Inc., by Order 98

- 4

- 24 in the form attached and subject to the terms, conditions, and limitations authorizing it to engage in interstate air transportation of persons, property, and mail ( See Attachment A)

.

2. We revise the foreign certificates of public convenience and necessit y issued to American Eagle Airlines, Inc., by Order 98

- 5

- 12 (Route 537), Order 2011

- 8

- 9 (Route 905), and Order

2011

- 11

- 19 (Route 906) to reflect the corporate name change of the certificate holder from American Eagle Airlines, Inc.

, to Envoy Air Inc. ( See Attachment B )

.

3. We revise all other economic authorities issued to American Eagle Airlines, Inc.

, by changing the name of the holder to Envoy Air Inc.

4. We register to Envoy Air Inc. the trade name “American Eagle” for use in certain of its operations.

5. We will serve a copy of this order on all interested parties.

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

or der.

This action taken by this 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



## ENVOY AIR 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 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 2014

- 4

- 13 Todd M. Homan

On April 15, 2014 Director Effective on April 15, 201 4 Office of Aviation AnalysisAttachment A

∗ As revised by Order

- 2014

- 4

- 13



### Terms, Conditions, and Limitations

ENVOY AIR INC.

is authorized to engage in interstate 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 i s 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 reasonab le 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 also authorized by the Federal Aviat ion 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 States" as required by 49 U.S.C. 40102(a)(1 5).

(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 Subt itle VII of Title 49 of the United States Code or the Department's regulations shall be sufficient 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 point 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 corporate name from American Eag le Airlines, Inc., to Envoy Air Inc.

∗ ∗ 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 Pr incipal 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 197 9, as amended or as modified by any future 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 co mply 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 the Department. Moreover, if the holder does not resume operations within one year of its cessation, its authority shall be rev oked for dormancy.Attachment B

∗ As revised by Order

- 2014

- 4

- 13



### AMERICAN EAGLE AIRLINES, INC.

for Routes 537, 905, and 906

Revise the holder of the certificates to read as follows:



### ENVOY AIR INC.

This revision shall become effective April 15, 2014

.

∗ This certificate is being revised to reflect the change in the holder’s corporate name from American Eagle Airlines, Inc., to Envoy Air Inc.Attachment C

Envoy Air Inc. (Envoy Air) REQUEST FOR DESIGNATION

Docket DOT

- OST

- 2011

- 0076

We have approved the carrier’s request for authorization to provide direct

- carrier (own

- aircraft) service, using small aircraft (60 seats or less) on th e following U.S.

- Mexico routes: 2

Dallas/Ft. Worth

- Aguascalientes

Dallas/Ft. Worth

- Hermosillo

Dallas/Ft. Worth

– Leon/Guanajuato

Dallas/Ft. Worth

- Mazatlan

Dallas/Ft. Worth

- Morelia

Dallas/Ft. Worth

- Puebla

Dallas/Ft. Worth

- Queretaro

Dallas/Ft. Worth

- Veracruz

Dallas/Ft. Worth

- Zacatecas

Code

- Share Conditions : The code

- share operations conducted under this approval are subject to the following conditions:

(a) The carrier’s compliance with Part 298 of the Department’s regulations, as well as the provisions of the a viation agreement between the United States and Mexico.

(b) The code

- share operations conducted under this authority must comply with 14 CFR 257 and with any amendment to the Department’s regulations concerning code

- share arrangements that

may be adopted. No twithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned upon the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service in computer reservat ion systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety of the code

- share journey for all obligations established in its contract of carriage with the passenger; and that the passenger liability of the operating carrier be unaffected; and

(c) The authority granted here is specifically conditioned so that neither Envoy nor American shall give any force or effect to any contractual provisions between themselves th at are contrary
to these conditions.

U.S.

- Mexico Dormancy Conditions : The U.S.

- Mexico air transportation services approved here are subject to the dormancy notice requirements set forth in condition 7 of Appendix A of Order 88

- 10

- 2.

General U.S. Carrier Conditions: In the conduct of the operations approved here, the U.S. carrier shall:

(1) Hold at all times effective operating authority from the government of each country served;

2 We note that Envoy Air conducts U.S.

- Mexico services under the name “American Eagle” under an arrangement with American Airlines, Inc. (American) and with US Airways, Inc. (US Airways).2

(2) Comply with applicable requirements concerning oversales co ntained in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the Department, contained in 14 CFR 205;

(4) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(5) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation

S ecurity 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 tha t security is adequate to allow such airport(s) to be served; and

(6) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department of Transportation, with all applicable order s and regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority approved shall be effective only during the period when the holder is in compliance with the conditions imposed above.