Order 2011-8-9 

 

 

 UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, D.C.

Issued by the Department of Transportation 

on the 2nd of June, 2011

 

Served: August 4, 2011

In the Matter of Blanket Open-Skies 

Route Authority for: 

American Eagle Airlines, Inc. 

under a certificate of public convenience 

and necessity pursuant to 49 USC 41101 

Dockets DOT-OST-2005-22228 

 DOT-OST-2011-0068 

ORDER ISSUING CERTIFICATE 

Summary

By this order we grant American Eagle Airlines, Inc. (American Eagle) certificate authority to 

provide combination service to all of our foreign aviation partners that have entered into an openskies agreement with the United States where that agreement is being applied (hereafter “openskies partners”).

Application

On March 29, 2011, American Eagle applied for blanket open-skies certificate authority to conduct 

scheduled foreign air transportation of persons, property and mail, consistent with our open-skies 

licensing and streamlining initiative.1

 American Eagle filed and perfected its application as 

required by 14 CFR Part 201 and served the application as required by 14 CFR § 302.203.2 

 

1

 See the Notice issued April 3, 2007, in Docket DOT-OST-2005-22228. 

2

 No answers were filed. 
Decision

Under assigned authority and consistent with our streamlining and blanket open-skies certificate 

initiatives, we have decided to grant American Eagle certificate authority to serve all open-skies 

partners; that is, foreign aviation partners with which the United States has entered into an openskies agreement where that agreement is being applied.3

 We have also decided to grant to 

American Eagle certificate authority to serve Brunei Darussalam, Chile, Cook Islands, New 

Zealand, Samoa, Singapore, and Tonga, each a signatory to the Multilateral Agreement on the 

Liberalization of International Air Transportation (“MALIAT”).4 Our action here establishes for 

the carrier a new route certificate, in the form attached at Appendix A. We find that grant of the 

certificate is consistent with the public convenience and necessity. We find further that the 

pending open-skies request is not controversial and that it is appropriate to grant the authority at 

issue here under simplified procedures.5 

We will also grant the carrier blanket authority such that when an additional foreign aviation 

partner enters into an open-skies agreement with the United States, and where that agreement is 

being applied, authority to serve that open-skies partner will automatically be included as part of 

the carrier’s certificate authority without the need for further action by the Department or the 

carrier. We find that the award of such authority, on a prospective basis, with the enhanced 

administrative convenience it would accord to the carrier, is consistent with the public interest. 

 

The Department’s Office of International Aviation maintains a list of currently applied open-skies 

aviation agreements between the United States and its open-skies partners.6

 The Department will 

update the list as open-skies partners are added.7 8

The attached form of certificate is consistent with open-skies aviation agreements that are currently 

being applied and that authorize the use of rights for which the United States has exchanged 

valuable operating rights. All of the authority conferred here contributes to the variety of price and 

service options available to travelers and shippers. 

 

3

 We find that grant of this authority is consistent with the public interest. Based on officially noticeable data, we find 

that the carrier is an operating certificated air carrier and that it is qualified to provide the services proposed. By Order 

98-4-24, the Department found the carrier fit, willing, and able to engage in foreign scheduled air transportation of 

persons, property, and mail using large aircraft. No information has come to our attention which leads us to question 

the fitness of the applicant being awarded authority here to conduct air transportation operations. Should the carrier’s 

proposed exercise of the authority granted here result in a substantial change in operations, the carrier must first 

comply with the requirements of 14 CFR 204.5. 

4

 We have open-skies relationships with the Cook Islands, Samoa and Tonga, under the MALIAT. Also, the MALIAT 

supersedes our bilateral open-skies agreements with Brunei, Chile, New Zealand, and Singapore. 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. 

6 See http://ostpxweb.dot.gov/aviation/international/agreementsbeingapplied.htm for the list of open-skies agreements 

that are being applied. 7

 Each U.S. air carrier holding a blanket open-skies certificate shall be responsible for operating at all times in 

compliance with the list maintained by the Department. 

8

 The Department will also update the list if an open-skies partner is removed and will provide notice when this occurs. 

If an open-skies partner is removed we will allow a carrier 120 days to seek exemption authority to serve that foreign 

aviation partner, as the certificate authority to serve that foreign aviation partner will no longer be effective 120 days 

from its removal from the list. Notice will be provided by publication in the Federal Register. 
 

We therefore find, under assigned authority, that the public interest warrants granting American 

Eagle certificate authority in the form 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. Duration of certificate 

authority is determined by the nature of the routes at issue. Where, as here, routes may be served 

by multiple U.S. carriers, without restrictions on additional entrants, the certificates are of 

indefinite duration. 

The authority granted by this order supersedes any orders previously issued or actions taken by the 

Department granting the carrier operating rights to an open-skies partner. For those services 

currently operated under an exemption, the exemption will terminate upon the effectiveness of the 

attached certificate of public convenience and necessity. Currently authorized certificate authority 

to serve an open-skies partner will be realigned such that all authority held by the carrier to serve 

markets covered by a currently applied open-skies agreement is consolidated into a single 

certificate. 

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 American Eagle 

Airlines, Inc. a certificate in the form attached; 

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 

certificate 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 American Eagle Airlines, Inc. 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;9

 and 

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

proceeding on the applications and the actions taken here. There are no material, 

determinative issues of fact requiring such procedures for their resolution. 

 

9

 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. 
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. 

ACCORDINGLY, 

 1. We issue, in the form attached in Appendix A, a certificate of public convenience and 

necessity to American Eagle Airlines, Inc., to serve open-skies partners, as defined by 

this order; 

 2. This order supersedes any orders previously issued or actions taken by the 

Department granting the carrier operating rights, by certificate or exemption, to an 

open-skies partner; 

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

service date of this order; 

4. 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;10

and 

5. We will serve this order on American Eagle Airlines, Inc., the Ambassador in 

Washington, D.C. of each foreign aviation partner that the applicant seeks authority 

to serve, 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) 

Appendix 

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

http://www.regulations.gov

 

10 This order was submitted for section 41307 review on June 2, 2011. The 61st day is August 2, 2011. Since the 

President’s designee did not disapprove this order before that date, it became effective on August 2, 2011.
APPENDIX A 

Certificate of Public 

Convenience and Necessity 

For 

Route 905 

This Certifies That 

American Eagle Airlines, 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 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 2011-8-9 Paul L. Gretch 

On June 2, 2011 Director, Office of 

Effective On August 2, 2011 International Aviation 
Terms Conditions and Limitations 

American Eagle Airlines, Inc. for Route 905 

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

mail between the United States and: 11 12

Albania 

Armenia 

Aruba 

Australia 

Austria 

Bahrain 

Barbados 

Belgium 

Bosnia-Herzegovina 

Bulgaria 

Burkina Faso 

Cameroon 

Canada 

Cape Verde 

Chad 

Costa Rica 

Cyprus 

Czech Republic 

Denmark 

El Salvador 

Estonia 

Ethiopia 

Finland 

France 

Gabon 

The Gambia 

Germany 

Ghana 

Georgia 

Greece 

Guatemala 

Honduras 

Hungary 

Iceland 

India 

Indonesia 

Ireland 

Israel 

Italy 

Jamaica 

Japan 

Jordan 

Kenya 

Korea, Republic of 

Kuwait 

Laos 

Latvia 

Liberia 

Lithuania 

Luxembourg 

Madagascar 

Malaysia 

Maldives 

Mali 

Malta 

Morocco 

Namibia 

Netherlands 

Netherlands Antilles 

Nicaragua 

Nigeria 

Norway 

Oman 

Pakistan 

Panama 

Paraguay 

Peru 

Poland 

Portugal 

Qatar 

Romania 

Rwanda 

Senegal 

Slovak Republic 

Slovenia 

Spain 

Sri Lanka 

Sweden 

Switzerland 

Taiwan 

Tanzania 

Thailand 

Trinidad and Tobago 

Turkey 

Uganda 

United Arab Emirates 

United Kingdom13

Uruguay 

Uzbekistan 

Zambia 

MALIAT Membership

Brunei Darussalam 

Chile 

Cook Islands 

Mongolia (cargo-only) 

New Zealand 

Samoa 

Singapore 

Tonga 

Cargo Open-Skies 

Only

Argentina 

Vietnam 

 

11 The authority granted here to serve between the United States and the listed open-skies partners includes 

authority to operate via the United States and intermediate points to a point or points within the places 

identified, and beyond, to the extent the applicable aviation agreement grants such rights. 12 This list, as of May 2011, identifies all current open-skies partners, that is (1) aviation partners with 

whom the United States has an open-skies agreement that is currently being applied and (2) aviation 

partners that are a signatory to the MALIAT. All future open-skies partners shall be included in the 

carrier’s certificate authority without the need for further action by the Department or the carrier. The 

Department’s Office of International Aviation maintains a list at 

http://ostpxweb.dot.gov/aviation/international/agreementsbeingapplied.htm. The holder shall be 

responsible for operating at all times in compliance with the list maintained by the Department. 

13 This does not apply to UK dependencies. 
This authority is subject to the following conditions: 

(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 its foreign aviation partners, and the 

exercise of the privileges granted by this certificate is subject to compliance with such 

treaties and agreements and with any order of the Department of Transportation issued 

under them. To the extent that the holder has authority to serve more than one foreign 

aviation partner or points in more than one foreign aviation partner on the same route, 

that authority does not confer upon the holder any additional rights (including fifthfreedom 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 

aviation partner(s) 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 foreign aviation 

partner 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 to serve an open-skies partner under this certificate is 

effective as long as that open-skies agreement is being applied. If an open-skies 

agreement has been terminated or is no longer being applied, the holder’s authority under 

this certificate to serve that open-skies partner will terminate in accordance with the 

following procedures. The Department will issue a Notice and provide official notice in 

the Federal Register announcing its decision to remove an open-skies partner from the list 

of open-skies aviation agreements maintained by the Department. The holder’s authority 

under this certificate to serve the named open-skies partner(s) will terminate 120 days 

after the publication date of the Notice. The holder may file an application for exemption 

authority to continue service to that foreign aviation partner after the termination date. 

(5) The holder’s authority under this certificate is effective only to the extent that 

such operations comply with all applicable requirements of the Federal Aviation 

Administration, Transportation Security Administration, and with all applicable U.S. 

Government requirements concerning security, including, but not limited to, 40 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 International Principal Security 

Inspector (IPSI) to advise the IPSI 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. 
(6) The holder shall at all times remain a “Citizen of the United States” as required by 

49 U.S.C. 40102(a)(15). 

(7) 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. 

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

or operations (as that term is defined in 14 CFR 204.2(l)), it must first comply with the 

requirements of 14 CFR 204.5. 

(9) In the event that the holder 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 determined by the Department. 

This certificate shall become effective August 2, 2011.