Order 2014

- 11

- 9

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation

on the 9 th day of September

, 20 14

Served: November 1 2 , 2014

D ocket DOT

- OST

- 2014

- 0131

ORDER ISSUING CERTIFICATE

Summary

By this order we grant Frontier Airlines , Inc. ( Frontier ) certificate authority to provide scheduled foreign

air transportation of persons, property and mail between a point or points in the United States and a

point or points in the Dominican Republic.

Application

By application filed on July 31 , 2014

, Frontier request ed a certificate of public convenience and

necessity authorizing Frontier to provide scheduled foreign air transportation of persons, property and

mail between a point or points in the United States and a point or points in the Dominican Republic.

Because the public convenience and necessity bas is for granting this application is clear, and the

application i s not controversial, it is appropriate to use simplified, Subpart B procedure s to grant the

requested authority. 1 Frontier currently holds exemption authority to operate scheduled foreign air

1 14 CFR 302.212 et seq . Under Rule 33(b) we may, in our discretion, omit a tentative decision in proceedings under Subpart

B and proceed directly to a final decision.

Application of

FRONTIER AIRLINES , INC.

for a certificate of public convenience and

necessity u nder 49 U.S.C. § 41102 (U.S.

- Dominican Republic )transportation of persons, property, and mail between a point or points in the United States and a point

or points in the Dominican Republic. 2

No answers were filed.

Decision

We have decided, under assigned authority

, to grant Frontier’s request for a certificate of public

convenience and necessity authorizing sch eduled foreign air transportation of persons, property and mail

between a point or points in the United States and a point or points in the Dominican Republic

. 3 The

authority sought by the applicant is consistent with the civil aviation agreement between the United

States and the Dominican Republic and uses rights for which the United States has exchanged valuable

operating rights.

Terms, Conditions, and Limitations

The 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.

Findings and Conclusions

In view of the foregoi ng and all facts of record, we f ind and conclude that:

1. It is consistent with the public convenience and necessity to issue the applicant a certificate in the

form attached;

2. T he applicant 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 a nd 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 certi ficate be

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

such others required by the public interest as the Department may prescribe;

4. The issuance of this certificate does not constitute a major regu latory action under the Energy,

Policy and Conservation Act of 1975, as defined by section 313.4(a)(1) of the Department’s

regulations; 4 and

2 See Notice of Action Taken, dated November 12, 2013 (Docket DOT

- OST

- 2011

- 0233).

3 We find that grant of this authority is consistent with the public interest and, based on officially noticeable data, we find that

Frontier is fit to conduct th e scheduled foreign air transportation for which it seeks authority here ( s ee Order 2010

- 12

- 24 ).

Frontier is an operating certificated air carrier, for which the authority at issue here would not constitute a substantial change

in operations requiring further review by the Department. No information has come to our attention which leads us to

question the fi tness of Frontier to perform the authority it seeks.

4 Our finding is based on the fact that grant of the application would not result in a near

- term increase in annual fuel

consumption in excess of 10 million gallons.5. The public interest does not require an oral evidentiary hearing or a show

- cause proceeding on this

application. T here 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 actions are consistent with Department policy.

ACCORDINGLY,

1. We issue in the form attached, a certificate of public convenience and necessity to Frontier Airlines,

Inc. to provide scheduled foreign air transportation of persons, property and mail between a point or

points in the United States and a point or points in the Dominican Republic ;

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

become effective on the 61 st day after its submission for section 41307 rev iew 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; 5

3. To th e extent not granted, explicitly denied, or dismissed, we deny all motions and requests in this

docket; and

4. We will serve a copy of this order on Frontier Airlines Inc.

, the Embassy of the Dominican Republic

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

5 This order was submitted for revie w under 49 USC Section 41307 on September 9 , 2014 . The 61 st day is November 10

, 20 1 4 . Since the President’s designee did not disapprove this Order before that date it became effective on November 10

, 20 1 4

.Appendix A



# Certificate of Public

Convenience and Necessity

for

ROUTE 911

This Certifies That



# FRONTIER AIRLINES , INC.

i s 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 transferrable without the approval of the Department of

Transportation.

By Direction of the Secretary

Issued by Order 2014

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- 9 Paul L. Gretch

On September 9

, 20 14 Director, Office of

Effective on November 10 , 20 14 International AviationAs issued by

Order 2014

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Route 911

Page 1 of 2

Terms, Conditions, and Limitations

Frontier Airlines , Inc.

for Route 911

is authorized to provide scheduled foreign air transportation of persons, property and mail between a point or

points in the United States and a point or points in the Dominican Republic.

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 th e 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 gran ted 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 sele ction procedures to determine which carrier(s) should be authorized to

exercise such rights. 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 p reference 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, i ncl uding, 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 that security is adequate to allow such airport(s) to be served.As issued by

Order 2014

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Route 911

Page 2 of 2

(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 ) Should the holder propose any substantial changes in its ownership, management, or operations (as that

ter m is defined in 14 CFR 204 of the Departmen t’s regulations) , it must first comply with the requirements of 14

CFR 204.5.

( 8 ) In the event 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 re commence

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.

This certificate shall become effective November 10 , 20 1 4

.