Order 2012-1-30

 UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation

on the 31st day of January, 2012

 Served: January 31, 2012

 Docket DOT-OST-2011-0076

 

 

 Docket DOT-OST-2005-22228

FINAL ORDER

Summary

By this order, we finalize our tentative actions proposed in Order 2011-9-4, issued September 12, 

2011, by modifying certain regulatory procedures for U.S. carriers serving or, in the case of small 

aircraft operations, seeking to serve the U.S.-Mexico market.

Background

By Order 2011-9-4, we proposed to address a number of informal U.S.-Mexico-related filing 

arrangements. These informal arrangements have been used by U.S. carriers seeking operational 

flexibility to adjust, delay, or temporarily cease services, or seeking the designation necessary to 

provide small-aircraft services in the U.S.-Mexico market.1 Specifically, we proposed to establish a 

Mexico Procedural Docket (the “Mexico Procedural Docket”), in Docket DOT-OST-2011-0076, 

where U.S. carrier requests and notices, previously filed informally (and generally undocketed), would 

be filed and where related Department actions would be posted. We tentatively found that by using a 

 1 We did not consider in this proceeding our formal licensing procedures and policies pertaining to U.S.-Mexico operating 

authority. For more information on these policies and procedures, see, e.g., Orders 88-10-2, 88-7-43, 88-10-30, 96-11-24, 

98-8-18, 99-6-6, 2000-5-31, 2006-10-13, and 2008-3-12.

U.S.-Mexico Procedures for U.S. Carriers

(MEXICO PROCEDURAL DOCKET)

In the Matter of Consolidated International Route Authority 

for:

 

 AMERICAN AIRLINES, INC.

 AMERICAN EAGLE AIRLINES, INC.

 CONTINENTAL AIRLINES, INC.

 AND/OR UNITED AIR LINES, INC.

 DELTA AIR LINES, INC.

 FRONTIER AIRLINES, INC.

 JETBLUE AIRWAYS CORPORATION

 PINNACLE AIRLINES, INC.

Under 49 U.S.C. §41102 for a certificate of public convenience 

and necessity (U.S.-Mexico only)
more transparent, centralized, and user-friendly approach, as proposed, we would enhance industry and 

public awareness of newly-available route opportunities, pending requests, and our action on those 

requests, and would significantly improve administrative efficiency.

2

No answers or comments were filed in response to our proposals.

Decision

We have decided to make final the actions proposed in Order 2011-9-4, and will begin implementing 

the revised procedures upon issuance of this final order.

3

 We now establish the Mexico Procedural 

Docket, in Docket DOT-OST-2011-0076, and direct U.S. carriers to file U.S.-Mexico-related requests 

and notices in that Docket, as more fully described below.

For administrative clarity, and to provide easy identification of submissions for Departmental action 

and/or interested parties’ use, U.S. carriers shall use the following titles when submitting 

requests/notices to the Mexico Procedural Docket, as follows: (1) Small-Aircraft Designation; 

(2) Small-Aircraft Code-Share Authorization; (3) Waiver to Extend Start-Up Deadlines; (4) Temporary 

Waiver of Dormancy Conditions; (5) Conversion of Authorized Service;4 (6) Reactivation of Dormant 

Exemption Authority;

5 (7) Notice of Service-Level Change(s);6 and (8) Notice of Dormancy.7

 

Filing Fees: There will be no filing fees associated with the above requests/notices filed in the Mexico 

Procedural Docket. 

Cover Page, Docket Requirement(s), and Required Service: All submissions, as identified above, filed 

in the Mexico Procedural Docket shall include: a cover page with a caption for the Mexico Procedural 

Docket and, where applicable, a caption for the docket where the filing carrier’s underlying exemption 

or certificate authority to serve the subject U.S.-Mexico city-pair route segment(s) was awarded; the 

title of the type of submission being filed; the name and address of the filing carrier; the name, address, 

telephone number, and e-mail address of the filing carrier’s representative, and the date of the filing. 

All submissions should be served on all U.S. carriers providing scheduled air transportation service in 

the U.S.-Mexico market, with a copy also served on: esta.rosenberg@dot.gov, brett.kruger@dot.gov,

and brian.hedberg@dot.gov. 

 2 Generally, these informal/undocketed U.S.-Mexico licensing practices called for U.S. carriers to file U.S.-Mexico-related 

requests and notices in the form of a letter addressed to the U.S. Air Carrier Licensing Division at the U.S. Department of 

Transportation. Once filed, these requests/notices were summarized in the Department’s Weekly List of Applications Filed

published at the end of each week and, to eliminate unnecessary duplication, we proposed that the Weekly List of 

Applications Filed would no longer include the various types of requests and notices covered here. Upon issuance of this 

final order the types of requests and notices covered here will no longer be included in the Weekly List of Applications 

Filed. 3 As we provided for the submission of views in response to our proposed modifications, we will not entertain petitions for 

reconsideration of this order.

4 Requests to convert direct-carrier service to code-share service, or vice versa. 5 We note that only dormant U.S.-Mexico authority granted by exemption may be reactivated. U.S.-Mexico authority 

granted in a Certificate of Public Convenience and Necessity is not eligible for reactivation once dormant since it reverts to 

the Department ninety (90) days after a service ceases. Carriers are reminded that they are obligated to inform the 

Department when they cease operations on any U.S.-Mexico route. 6 Notices to advise that a carrier has changed its level of service in a U.S.-Mexico city-pair market (from year-round service 

to seasonal service, or vice versa). We note that these notices serve to, among other things, ensure that the Department 

applies dormancy conditions appropriately, depending on the level of service provided. For information on the application 

of dormancy conditions with respect to identified seasonal or intermittent services, see, e.g., Orders 96-11-24, at 3-5, and 

2000-5-31, at 4. 7 We remind carriers that the requirement to file dormancy notices is applicable whether the carrier is serving the market 

with its own aircraft or on a code-share basis only (see Order 2000-5-31, at 3).
Answers and Replies to Submissions Requiring Department Approval: We establish a period of 15 

days for answers/objections to submissions filed, and seven calendar days for replies to 

answers/objections filed. We conclude that this uniform standardized response date for all submissions 

requiring Department approval will virtually eliminate response- and action-date ambiguities that exist 

under our current informal licensing arrangements, while providing an adequate opportunity for 

interested parties to respond. 

Criteria for Approval of Submissions: For those submissions requiring Department approval, we will

continue our practice of granting approvals where good cause is shown, no objections are filed, and our 

action is consistent with the aviation agreement.

8

 We find that this basis for approvals has worked 

well to serve the public interest and we find no basis for altering our approval criteria. We note that 

requests that are controverted may require disposition through other Department procedures.

Notices: Notices on service-level changes or dormancy on U.S.-Mexico city-pair route segments have 

not, and will not, require Departmental action. These notices will continue to provide vital U.S.-

Mexico service information, including immediate notification of newly-available route opportunities in 

the market.

Consolidated U.S.-Mexico Certificates – Docket DOT-OST-2005-22228

We will also continue our practice to grant, to qualified U.S. air carriers, consolidated U.S.-Mexico 

certificate authority pursuant to, and consistent with, the procedures described in the Department’s 

February 13, 2009 Notice, in Docket DOT-OST-2005-22228. However, in furtherance of our 

continued streamlining measures, and consistent with our centralization efforts here, we have decided: 

(1) to move previously-issued consolidated U.S.-Mexico certificate authority posted in Docket DOTOST-2005-22228 to the Mexico Procedural Docket in Docket DOT-OST-2011-0076;9 (2) to require 

that all future requests for consolidated U.S.-Mexico certificates be filed in the Mexico Procedural 

Docket, and served on all U.S. carriers providing scheduled air transportation in the U.S.-Mexico 

market, with a copy also served on: esta.rosenberg@dot.gov, brett.kruger@dot.gov and 

brian.hedberg@dot.gov; and (3) to require that all future U.S.-Mexico-related requests/notices 

involving U.S.-Mexico certificate authority previously issued in Docket DOT-OST-2005-22228 that 

fall into the earlier-described categories be filed in the Mexico Procedural Docket 10 – a docket 

pertaining exclusively to U.S.-Mexico licensing matters.

ACCORDINGLY,

1. We finalize the tentative decisions set forth in Order 2011-9-4 and establish Docket DOT-OST2011-0076 as the “Mexico Procedural Docket;” 

2. We direct U.S. carriers to file requests and notices in the Mexico Procedural Docket, DOT-OST2011-0076, as well as any other affected docket in which the carrier’s underlying economic authority 

was granted other than DOT-OST-2005-22228, as described in this Order;

 8 See, e.g., Orders 2008-3-12, at 2-3; 2000-5-31, at 3; and 88-10-30, at 6-7. 9 See the attached Appendix for a list of Orders currently posted in Docket DOT-OST-2005-22228 that will be placed in 

Docket DOT-OST-2011-0076. 10 These submissions should also be served on all U.S. carriers providing scheduled air transportation in the U.S.-Mexico 

market, with a copy also served on: esta.rosenberg@dot.gov, brett.kruger@dot.gov, and brian.hedberg@dot.gov. These

submissions need not be filed in Docket DOT-OST-2005-22228.
3. We will place consolidated U.S.-Mexico certificates of public convenience and necessity previously 

issued in Docket DOT-OST-2005-22228, in the Mexico Procedural Docket in Docket DOT-OST2011-0076; and

4. We will serve this order by electronic mail on all U.S. certificated and commuter air carriers; the 

National Air Carrier Association; the Air Transport Association; the Regional Airline Association; and 

the Cargo Airline Association.

By:

SUSAN L. KURLAND

Assistant Secretary for 

Aviation and International Affairs

(SEAL)

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov
Appendix

The table below lists consolidated U.S.-Mexico certificates of public convenience and necessity

previously issued in the streamlining docket, Docket DOT-OST-2005-22228, and which will now be 

posted in the Mexico Procedural Docket in Docket DOT-OST-2011-0076.

Route 

Number Order Number Date Issued Authorized Carrier

895 2009-9-4* September 9, 2009 JetBlue Airways Corporation

897 2010-1-2* January 4, 2010 Pinnacle Airlines, Inc.

901 2010-3-12 March 9, 2010 Delta Air Lines, Inc.

902 2010-5-17 May 13, 2010 United Air Lines, Inc.

903 2011-6-11 June 9, 2011 American Airlines, Inc.

904 2011-6-12 June 9, 2011 Frontier Airlines, Inc.

906 2011-11-19 November 16, 2011 American Eagle Airlines, Inc.

* This order issued economic authority other than U.S.-Mexico authority. Carriers should continue to 

rely upon Docket DOT-OST-2005-22228 for submissions pertaining to non-U.S.-Mexico matters.