BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ )

Application of )

)

EASTERN AIR LINES GROUP, INC. ) DOCKET OST

- 201 4

- )

for a Certificate of Public Convenience )

and Necessity ( Foreign Passenger )

Charter Service) )

_________________________________________ )

APPLICATION OF EASTERN AIR LINES GROUP, INC.

FOR A CERTIFICATE OF P UBLIC CONVENIENCE AND NE CESSITY

Communications with respect to this document should be sent to:

Edward J. Wegel

President and CEO

EASTERN AIR LINES GROUP, INC.

Building 5A, Miami Int’l Airport

Miami, FL 33142

(305) 869

- 4249

ed.wegel@easternairlines.aero Edward P. Faberman

Wiley Rein LLP

1776 K Street, NW

Washington, DC 20006

(202) 719

- 7402

efaberman@wileyrein.com

John R. Mietus, Jr.

Law Office of John Mietus, LLC

6701 Democracy Blvd., Suite 300

Bethesda, MD 20817

- 7500

(202) 747

- 5212

j ohn@mietuslaw.com

Counsel for EASTERN AIR LINES

GROUP, INC.

APPLICANT REQUESTS THAT THIS APPLICATION BE PROCESSED

THROUGH EXPEDITED, NON

- HEARING PROCEDURES PURSUANT TO

SUBPART B OF THE DEPARTMENT’S PROCEDURAL REGULATIONS.

NOTICE: An y person may support or oppose this application by filing an

answer no later than February 1 8

, 2014 and serving a copy of the answer on

counsel for Applicant and upon persons served with this application.

January 2 8 , 2014BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ )

Application of )

)

EASTERN AIR LINES GROUP, INC. ) DOCKET OST

- 201 4

- ) January 2 8 , 2014

for a Certificate of Public Convenience )

and Necessity ( Foreign Passenger )

Charter Service) )

_________________________________________ )

APPLICATION OF EASTERN AIR LINES GROUP, INC.

FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

Pursuant to 49 U.S.C. § 41102 and subpart B of the Department’s

Procedural Regulations, Eastern Air Lines Group, Inc. (“ Eastern ”)

re spectfully applies for a certificate of public convenience and necessity

authorizing Eastern to engage in foreign charter air transportation of

persons, property, and mail between any place in the United States and any

place outside thereof. As Eastern wishes to begin passenger operations in

both domestic and foreign markets in late 2014 , it requ ests that the

Department process this application expeditiously, using written submissions

and simplified, non

- hearing procedures as contemplated by sections 302.207

and 302.210(a)(2) of the Procedural Regulations, and proceed directly to aEastern

Foreign Certificate Application

Page 2

final order gra nting the requested certificate. 1 In support of this Application,

Eastern states as follows:

1. Simultaneously with this Application, Eastern has applied for a

certificate authorizing it to engage in interstate charter air transportation of

persons, pro perty, and mail. Eastern has provided detailed citizenship and

fitness information in that Application and its Exhibits and Confidential

Exhibits, and pursuant to 14 C.F.R. § 204.3, Eastern hereby incorporates that

material by reference in this Applicatio n.

2 . As discussed in detail in the companion application, Eastern is a

U .S. citizen and will have the financial strength to insure its ability to

operate passenger charters. I ts senior management has the necessary

business expertise and technical ability to operate international passenger

flights.

3. Eastern wishes to make A320 aircraft service available to

charterers either in foreign or domestic U.S. markets. While this flexibility

requires additional economic authority from the Department, f oreign

1 / Eastern recognizes that the final order will undergo Presidential review under 49

U .S.C. § 41307, and it asks that the Department facilitate the prompt completion of

that review.Eastern

Foreign Certificate Application

Page 3

operations of the same type and with the same aircraft will not require any

material changes to Eastern 's business systems, finances, or management. 2

4. The foreign charter air transportation Eastern proposes is

consistent with the public convenience and necessity as required by 49 U.S.C.

§ 41102(b)(2). The Department continues to recognize the Civil Aeronautics

Board’s finding in Order 78

- 7

- 106, The Former Large Irregular Air Service

Investigation , that there is a continuing demand and nee d for additional

charter air carriers. See, e.g., Atlas Air, Inc. , Order 2010

- 5

- 24, at 1 n.1

.

Moreover, grant of the requested certificate authority is in the public interest,

as it will allow Eastern to offer charterers new price and service options for

international passenger transportation.

2 / Nor will substitution of foreign service for forecast domestic service cause any change

in its net fuel consumption, and Eastern has determined that adequate fuel is

available for this service. To the extent the Department nonetheless concludes that

grant of the requested authority would constitute a major regulatory action, Eastern

requests tha t the Department waive the requirement that an Energy Statement

under 14 C.F.R. Part 313 be prepared.