Order 2011-11-19 

 

 

 UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, D.C.

Issued by the Department of Transportation 

on the day of 15th of September, 2011

 

Served: November 16, 2011

In the Matter of Consolidated 

International Route Authority for: 

American Eagle Airlines, Inc. 

under a certificate of public convenience 

and necessity pursuant to 49 USC 41101 

 Docket DOT-OST-2005-22228 

 

ORDER ISSUING CERTIFICATES 

Summary

By this order we grant American Eagle Airlines, Inc. (referred to as American Eagle or the 

captioned air carrier) consolidated certificate authority to provide combination service in 

U.S.-Mexico city-pair markets for which American Eagle holds economic authority by exemption. 

Background and Consolidation Request

In furtherance of the Department’s regulatory streamlining initiative for licensing U.S. air carriers, 

we announced by Notice on February 13, 2009 (February Notice) our intention to realign the 

existing non-open-skies economic authority held by carriers already holding a blanket open-skies 

certificate into new consolidated certificates of public convenience and necessity.1

 We stated that 

we would realign economic authority involving markets, other than Mexico, that are not openskies partners of the United States into two certificates -- an indefinite duration certificate for 

markets that are not entry- or frequency-limited and a five-year certificate for limited-entry and 

limited-frequency markets so that all authority in limited-entry or limited-frequency markets will 

have a common expiration date. We stated that we would cover a carrier’s U.S.-Mexico authority 

 

1

 February 13, 2009 Notice in Docket DOT-OST-2005-22228. 
in a third, separate certificate, as a carrier must obtain new economic authority on a city-pair basis 

each time it proposes to add a new city-pair market to its U.S.-Mexico services. 

We invited carriers to request realignment of their economic authority by submitting a letter to the 

streamlining docket, Docket DOT-OST-2005-22228, identifying the authority to be included in the 

new certificates. Specifically, the carrier must identify the authority it holds for a particular 

market, whether it is limited to code-share services only, whether the market is entry- or 

frequency-limited, the number of the order in which the authority was granted (for previouslyissued certificate authority) and the docket in which it was granted (for exemption authority). We 

stated that if no issues arise making it impractical to consolidate currently-held authority as 

requested by the carrier, we would draft a self-executing final order designed to issue the nonopen-skies market certificates upon completion of the 49 USC 41307 Presidential review process. 

American Eagle submitted a request by letter dated September 2, 2011, confirming the U.S.-

Mexico city-pair markets for which it seeks consolidation.2

Decision

Under assigned authority and consistent with our streamlining and consolidated certificate 

initiative, we have decided to grant the consolidation request of American Eagle and to reissue the 

carrier’s existing economic authority to serve U.S.-Mexico city-pair markets. 

American Eagle is eligible to receive the consolidated certificate, as described in the February 

Notice, as it holds a blanket open-skies certificate.3

Our action here establishes for the carrier a new route certificate, attached at Appendix A. The 

authority to serve a particular market is included in the certificate as a route segment. We find that 

grant of the certificate is consistent with the public convenience and necessity.4 We find further 

that the pending consolidated certificate request is not controversial and that it is appropriate to 

grant the authority at issue here under simplified procedures, as explained in the February Notice.5 

 

The authority in the attached certificate is consistent with the aviation agreement currently being 

applied. All of the authority conferred here contributes to the variety of price and service options 

available to travelers and shippers. 

 

 

2

 The markets for which American Eagle seeks a consolidated certificate are listed in Appendix B. 3

 By Order 2011-8-9, issued June 2, 2011, American Eagle was issued a Certificate of Public Convenience and 

Necessity for Route 905, authorizing the carrier to serve the open-skies partners of the United States. American Eagle 

had initially submitted its consolidation request pursuant to the February 13, 2009 Notice on March 25, 2011, before it 

had received a blanket open-skies certificate. The carrier reaffirmed its consolidation request by letter dated 

September 2, 2011. We can now act favorably upon its request. 

4

 Based on officially noticeable data, the Department has found the carrier fit, willing, and able to engage in foreign 

scheduled air transportation of persons, property, and mail using large aircraft. See Order 2011-8-9. 5

 In accordance with 14 CFR § 302.207, et seq., we may, in our discretion, omit a tentative decision in proceedings and 

proceed directly to a final decision. 
We therefore find, under assigned authority, that the public interest warrants granting American 

Eagle the consolidated certificate authority attached at Appendix A, and subject to the conditions 

attached. 

The attached certificate of public convenience and necessity is subject to the standard terms, 

conditions, and limitations we consistently impose in the public interest. The certificate holder 

may request amendment of the certificate to include newly obtained authority, through the addition 

of a new route segment, as described in the February Notice. 

Upon effectiveness, the authority granted by this order supersedes any orders previously issued or 

actions taken by the Department granting the carrier operating rights in the listed markets. For 

those services currently operated under an exemption, the exemption will terminate upon the 

effectiveness of the attached certificate of public convenience and necessity. 

Findings and Conclusions

In view of the foregoing and all the facts of record, we find and conclude that: 

1. It is consistent with the public convenience and necessity to issue the captioned air 

carrier the certificate attached as Appendix A, to this order; 

2. On the basis of data officially noticeable under 14 CFR 302.24 of the Department’s 

regulations, the captioned air carrier is a citizen of the United States and is fit, willing, 

and able to perform properly the foreign air transportation described in the attached 

certificates and to conform to the provisions of Subtitle VII of Title 49, United States 

Code (Transportation), and to the Department’s rules, regulations, and requirements; 

3. The public interest requires that the exercise of the privileges granted by the attached 

certificate be subject to the terms, conditions and limitations contained in the attached 

certificate and to such others required by the public interest as the Department may 

prescribe; 

4. The issuance of the attached certificate to the captioned air carrier does not constitute a 

major regulatory action under the Energy Policy and Conservation Act of 1975, as 

defined by section 313.4(a)( 1) of the Department’s regulations;6

 and 

5. The public interest does not require an oral evidentiary hearing or a show-cause 

proceeding on the application and the action taken here. There are no material, 

determinative issues of fact requiring such procedures for their resolution. 

In view of the above, and acting under authority assigned by the Department in its regulations, 

14 CFR Part 385, we find that our action here is consistent with Department policy. 

 

6

 Our finding is based on the fact that the grant of this portion of the application would not result in a near-term 

increase in annual fuel consumption in excess of 10 million gallons. 
ACCORDINGLY, 

1. We issue, as attached in Appendix A, an experimental certificate of public convenience 

and necessity to American Eagle Airlines, Inc., covering U.S.-Mexico city-pair markets 

the carrier is authorized to serve by exemption; 

3. This order supersedes any orders previously issued or actions taken by the Department to 

the extent such order or action grants the carrier operating rights, by certificate or 

exemption, in markets covered by the attached certificate; 

4. The certificate issued to American Eagle Airlines, Inc. will be effective upon the service 

date of this order; 

5. Unless disapproved by the President of the United States under 49 U.S.C. § 41307, this 

order shall become effective upon the 61st day after its submission for § 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 not intend to disapprove 

the Department’s order under that section, whichever occurs earlier;7 and 

 

7

 This order was submitted for review under 49 USC Section 41307 on September 15, 2011. The 61st day is November 

15, 2011. Since the President or his designee did not disapprove the order before that date, it became effective on 

November 15, 2011.
6. We will serve this order on American Eagle Airlines, Inc.; the Ambassador of Mexico in 

Washington, D.C.; the U.S. Department of State (Office of Aviation Negotiations); and 

the Federal Aviation Administration. 

By: 

PAUL L. GRETCH 

Director 

Office of International Aviation 

(SEAL) 

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

http://www.regulations.gov
 

Appendix A 

Experimental Certificate of Public 

Convenience and Necessity 

for 

ROUTE 906 

This Certifies That 

American Eagle Airlines, 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 foreign air 

transportation of persons, property and mail. 

This certificate is not transferable without the approval of the Department of 

the Transportation.

 By Direction of the Secretary 

 

Issued by Order 2011-11-19 Paul L. Gretch 

On September 15, 2011 Director, Office of 

Effective on November 15, 2011 International Aviation
Order 2011-11-19 

 Route 906 

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Terms, Conditions, and Limitations 

American Eagle Airlines, Inc. 

for Route 906 

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

over the following U.S.-Mexico city-pair route segments: 

 

Dallas/Ft. Worth-Chihuahua 

Dallas/Ft. Worth-Guadalajara 

Dallas/Ft. Worth-Monterrey 

Dallas/Ft. Worth-San Luis Potosi 

Dallas/Ft. Worth-Torreon 

This authority is subject to the following terms, conditions, and limitations: 

(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 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 

any orders of 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 rights (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 notified 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 is effective only to the extent that such operations comply with all 

applicable requirements of the Federal Aviation Administration, the Transportation Security 

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 
Order 2011-11-19 

Route 906 

Page 2 of 3 

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.

(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 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 49 U.S.C. or the 

Department’s regulations shall be sufficient grounds to revoke this certificate. 

(7) The holder acknowledges that this certificate is granted to determine if the holder’s 

projected services, efficiencies, methods, rates, fares, charges, and other projected results will, in 

fact, materialize and remain for a sustained period of time, and to determine whether the holder 

will provide the innovative and low-priced air transportation it proposed in its application for this 

authority. 

(8a) The holder may combine services on all city-pair route segments of this certificate and 

combine services on this certificate with U.S.-Mexico combination services authorized by other 

Department of Transportation certificates or exemptions, subject to the condition below. 

 

 (8b) The provisions in paragraph 8(a), above shall not authorize services which would 

constitute multiple designations on city-pair route segments where such multiple designations are 

not agreed to by the United States and Mexico. 

(9 ) The holder shall file a notice with the Department if it discontinues services on a citypair route segment for 90 days or longer. This notice shall be given as soon as the decision to 

discontinue service (other than seasonal/intermittent) is made, but in no case later than the 91st 

day of dormancy. Notices shall be filed in the form of a letter addressed to the U.S. Department 

of Transportation, U.S. Air Carrier Licensing Division, X-44, 1200 New Jersey Avenue, SE, 

Washington, DC 20590, and shall identify the dormant city-pair route segment, the certificate 

route number, and the date the 90th day of dormancy will or did occur. 

(10) Should the holder propose any substantial changes in its ownership, management, or 

operations (as that term is defined in 14 CFR 204 of the Department’s regulations), it must first 

comply with the requirements of 14 CFR 204. 
 Order 2011-11-19 

 Route 906 

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(11) 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 this certificate shall be 

suspended under the terms of 14 CFR 204 of the Department’s regulations 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. 

The authority to serve each city-pair route segment in this certificate shall continue in effect until 

November 15, 2016; notwithstanding the above, however, the authority to serve any city-pair 

route segment shall expire automatically and revert to the Department (a) the 90th day after the 

holder discontinues service on that segment, or (b) when the holder notifies the Department (as 

provided in this certificate) that the segment is dormant, whichever occurs earlier; unless the 

Department earlier suspends, modifies, or deletes the authority. 
 

Appendix B 

List of Currently-Held Economic Authority Submitted for Consolidation by American Eagle* 

Dallas/Ft. Worth-Chihuahua, DOT-OST-2004-18042 

Dallas/Ft. Worth-Guadalajara, DOT-OST-2004-17128 

Dallas/Ft. Worth-Monterrey, DOT-OST-2003-16101 

Dallas/Ft. Worth-San Luis Potosi, DOT-OST-2004-19024 

Dallas/Ft. Worth-Torreon, DOT-OST-2004-17469 

*American Eagle operates on a year-round basis with its own aircraft in each market.