UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Order 2008-7-15 Issued by the Department of Transportation on the 16th day of May, 2008 Application of AMERIJET INTERNATIONAL, INC. (Amerijet) Served: July 11, 2008 Docket DOT-OST-2001-10068 for renewed certificate of public convenience and necessity pursuant to 49 U.S.C. 41102 (U.S.-Mexico all-cargo) Applications of ASTAR AIR CARGO, INC. (Astar) for amended and/or renewed certificate of public convenience and necessity pursuant to 49 U.S.C. 41102 (U.S.-Mexico all-cargo) Dockets DOT-OST-2001-10052 1 DOT-OST-2004-17348 DOT-OST-2005-20828 DOT-OST-2005-21307 DOT-OST-2005-22621 Application of CAPITAL CARGO INTERNATIONAL AIRLINES, INC. (Capital Cargo) Docket DOT-OST-2005-22750 for new certificate of public convenience and necessity pursuant to 49 U.S.C. 41102 (U.S.-Mexico all-cargo) Application of FEDERAL EXPRESS CORPORATION (Federal Express) for amended and/or renewed certificate of public convenience and necessity pursuant to 49 U.S.C. 41102 (U.S.-Mexico all-cargo) Dockets DOT-OST-2001-9824 DOT-OST-2008-0105 1 The predecessor of Astar, DHL Airways, Inc., filed the original application in this docket.
2 Applications of UNITED PARCEL SERVICE CO. (UPS) for amended and/or renewed certificate of public convenience and necessity pursuant to 49 U.S.C. 41102 (U.S.-Mexico all-cargo) Dockets DOT-OST-1999-6663 DOT-OST-2001-10393 Decision ORDER ISSUING CERTIFICATES By this order we grant, renew, and/or amend certificate authority to the captioned applicants to provide foreign scheduled air transportation of property and mail between various points in the United States and various points in Mexico. The subject carriers have filed and perfected each application as required by 14 CFR 201 and served it as required by 14 CFR 302.203(b). (See Attachment A to this order for a summary description of these applications, the relevant authority they currently hold, and the disposition of their requests.) Because the public convenience and necessity bases for granting these applications, to the extent set forth in this order, 1 are clear, and the applications are not controversial, 2 it is appropriate to use these simplified Subpart B procedures to grant the requests under assigned authority. 3 Each of the applicants receiving authority by this order is a citizen of the United States as defined in 49 U.S.C. 40102(a)(15). 4 The attached certificates are consistent with the U.S.-Mexico Air Transport Agreement and 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. We therefore find, under assigned authority, that the public interest warrants granting the certificates (including new, renewed, and/or 1 There were certain requests from the captioned applicants for broad U.S.-Mexico authority and for permanent U.S.-Mexico certificate authority. Some responses were filed to those requests. Consistent with our policy for handling limited-entry route authority, however, we could not grant those requests (we will discuss this in more detail, below). 2 Except as described below, no responses to the applications were filed. We note that citizenship issues were raised involving DHL, now Astar, but those issues have since been resolved by the Department in favor of Astar s U.S. citizenship and are not addressed here (see Order 2004-5-10, issued May 13, 2004, in Docket DOT-OST-2002-13089). In addition, we note that the Department registered the name Astar for use in DHL s air transportation operations on July 16, 2003 (see Docket DOT-OST-2003-15678). 3 Under Rule 33(b), 14 CFR 302.212, we may, in our discretion, omit a tentative decision in proceedings under Subpart B and proceed directly to a final decision. 4 By Order 2007-7-4 (issued May 7, 2007), Amerijet, Astar, Capital Cargo, Federal Express, and UPS were found to be citizens of the United States and fit, willing, and able to provide scheduled foreign air transportation of property and mail as certificated air carriers under section 41102 of Title 49 U.S.C.
3 amended authority), in the form attached and subject to the conditions outlined in each of those certificates. 5 Terms, Conditions, and Limitations General Each certificate of public convenience and necessity is subject to the standard terms, conditions, and limitations we consistently impose in the public interest. 6 All of the certificate actions taken by this order pertain to limited-entry routes. Therefore, consistent with our established policy in this regard, the certificates issued here are for five years duration under 49 U.S.C. 41102 (c). 7 8 Further, consistent with our policy regarding U.S.- Mexico authorizations, we will issue the subject U.S.-Mexico authority on a city-pair basis, 9 imposing the standard 90-day dormancy condition and dormancy notice requirements for U.S.-Mexico authority set forth in condition 7 of Appendix A of Order 88-10-2. 10 Also, 5 With respect to the applicants renewal requests, the following applicants filed timely applications to keep their certificate authority in effect pursuant to the provisions of the Administrative Procedure Act (APA), 5 U.S.C. 558(c), pending action on their respective renewal applications: Astar in Dockets DOT-OST-2001-10052 and DOT-OST-2001-17348; Federal Express, in Docket DOT-OST-2001-9824; and UPS, in Docket DOT-OST-1999-6663. The renewal application of Amerijet, in Docket DOT-OST-2001-10068 was not timely filed (i.e., 180 days before expiration of its subject certificate authority), and the carrier accompanied its renewal application with a request for a waiver of the advance filing requirements pursuant to 14 CFR Part 377, so that the subject certificate authority would remain in effect beyond the prescribed expiration date, pending the Department s action on the renewal request. The Director, Office of International Aviation, acting under assigned authority, orally granted the carrier s request on October 19, 2001. We confirm that action here. 6 We note here that, on July 14, 2003, DHL filed an application, in Docket DOT-OST-2003-15678, to notify the Department, among other things, that it was changing its name to Astar, and requested that its certificates and other operating authority issued to DHL be reissued to reflect the Astar name. Pending reissuance of the various certificates, DHL requested authority to begin using the Astar name immediately. By letter dated July 16, 2003, the Department registered the Astar name and granted DHL s request to immediately begin using the Astar name in its air transportation operations. The Department stated further that reissuance of the carrier s certificates and other operating authority would follow subsequently (see letter to Astar from the Chief, Air Carrier Fitness Division dated July 16, 2003, in Docket DOT-OST-2003-15678). Thus, DHL s existing U.S.- Mexico certificate handled by this order will be reissued in the name Astar. 7 14 CFR Part 399.120. 8 Capital Cargo and Astar requested permanent certificate authority for certain of the carriers U.S.-Mexico all-cargo services (Dockets DOT-OST-2005-22750 and DOT-OST-2005-22621, respectively). Consistent with our policy for handling limited-entry route authority, however, we elected not to grant those requests (we will discuss this in more detail, below). 9 Certain of the older U.S.-Mexico certificates reissued by this order used a numerical system for listing the authorized city-pair route segments. On more recently issued or reissued U.S.-Mexico certificates, we deleted the numerical system for segments. We will follow that same approach here. 10 Dormancy conditions require carriers to advise the Department as soon as the decision to discontinue service is made, but in no case later than the 91 st day of dormancy (emphasis added). Notices should 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 20590-0001, and must identify the dormant city-pair market, and the date the market became (or will become) dormant.
consistent with our policy for U.S.-Mexico authority, we will not impose our standard condition on authority that is identified as intermittent. 11 12 Further, the U.S.-Mexico allcargo certificates attached include a standard condition that provides for each of the carriers to (1) combine services on all of their authorized U.S.-Mexico city-pair route segments, and (2) combine those services with other all-cargo certificate or exemption authorizations for U.S.-Mexico city-pair markets granted by the Department. We also note that U.S.-Mexico certificates have routinely included U.S.-foreign country route integration authority. By Order 2006-1-1, issued January 3, 2006, we granted to Amerijet, Astar, Federal Express, and UPS blanket route integration authority, which supercedes the route integration authority previously reflected in these carriers U.S.-Mexico certificates. 13 Thus, the U.S.-foreign country route integration provision will no longer be included in those carriers certificates issued herein. As to Capital Cargo, however, it does not currently hold the blanket route integration authority granted by Order 2006-1-1. Under those circumstances, we will include a provision in Capital Cargo s Mexico certificate for what has otherwise been standard in U.S.-Mexico certificates to permit U.S.-foreign country route integration authority. Mexico City Airports For many years the U.S.-Mexico aviation agreement treated Mexico City and Toluca as a single point. Therefore, a carrier holding economic authority to serve Mexico City could provide services to both the Mexico City Benito Juarez Airport and Toluca Airport. The amended U.S.-Mexico aviation agreement, dated December 12, 2005 (the 2005 Amendment ), provides that, among other things, Mexico City and Toluca are treated as separate points. 14 We have verified with the carriers that hold Mexico City economic authority issued before the 2005 Amendment, which ones currently serve Mexico City and which ones currently serve Toluca. 15 Consistent with the 2005 Amendment, the attached certificates will be granted and/or amended to reflect each carrier s point of service at either Mexico City or Toluca. 4 11 See Order 96-11-24, issued November 7, 1996, for a description of such intermittent all-cargo service and the Department s policy for implementing modified dormancy conditions to provide carriers with adequate operational flexibility in markets that have been identified as being served on an intermittent basis. 12 Amerijet and Astar requested waivers of our dormancy conditions with respect to their intermittently served city-pair markets. Because identified intermittent authority is not considered dormant (as discussed above), we will dismiss, as moot, the carriers requests for waiver of our dormancy conditions. 13 See Docket DOT-OST-2005-22228. 14 The 2005 Amendment provides that carriers designated to serve Toluca, Puebla, or Queretaro may hold out, sell and provide services to these cities as cargo services to Mexico City. 15 We note here that the amended agreement still provides for city-pair market limitations for all-cargo services. In addition, the amended agreement provides that the United States may designate only up to a total of five U.S. carriers to provide all-cargo service at Benito Juarez. (The five U.S. carriers currently designated to serve Benito Juarez are: ABX Air, Inc. (ABX), Amerijet, Astar, Centurion Air Cargo, Inc. (Centurion), and UPS.) There are no limitations as to the number of U.S. carriers that may be authorized to provide all-cargo services at Toluca.
5 Pendente Lite Exemptions For those services operated under current exemptions, those exemptions will terminate upon the effectiveness of the corresponding certificate authority issued here. For those routes operated under expired exemptions and kept in force by 5 U.S.C. 558(c), the exemption renewal applications on file will be dismissed by separate order. The attached summary cites the relevant currently held authority for each carrier. 16 Miscellaneous Request for Broad U.S.-Mexico Certificate Authority In addition to filing for specific U.S.-Mexico city-pair route authority, Amerijet, Astar, Capital Cargo, Federal Express, and UPS each filed certificate requests for broad U.S.- Mexico authority to provide foreign scheduled air transportation of property and mail between a point or points in the United States and a point or points in Mexico. 17 In support of their requests, the applicants maintain, among other things, that: (1) the requested broad authority is consistent with the U.S. carrier all-cargo route description in the U.S.-Mexico aviation agreement; (2) the requested broad authority would avoid the burden of the carriers requesting, and the Department processing, costly certificate amendments or exemption authorizations each time a carrier desires to add or drop a specific city-pair market; and (3) the requested broad authority would afford the Department and U.S. carriers significant flexibility and efficiencies for all-cargo services in the market. Responses were filed in support of the requests. 18 UPS, however, urged that, should the Department grant the broad authority requested, the Department establish a clearly-defined notice procedure, whereby carriers would have adequate notice and an opportunity to file comments, objections, and/or competing applications to requests to institute new city-pair services in limited-entry markets pursuant to the broad U.S.-Mexico certificates. 16 We list here the current exemption authority held by the captioned applicants that will be converted to certificate authority by this order: (1) Amerijet s exemption authority to serve the Ft. Lauderdale- Cancun/Guadalajara/Merida/Mexico City markets (see Notice of Action Taken dated March 31, 2006, in Docket DOT-OST-1998-3383, and the carrier s timely exemption renewal application dated January 28, 2008, which keeps the authority in effect pursuant to the APA pending action by the Department); (2) Astar s exemption authority to serve the Wilmington-Mexico City/Guadalajara/Monterrey/Saltillo, Houston-Saltillo, Austin-Saltillo, and Cincinnati-Saltillo markets (see Notice of Action Taken dated May 8, 2007, in Docket DOT-OST-2005-20827); exemption authority to serve the Los Angeles-Mexico City market (see Notice of Action Taken dated May 8, 2007, in Docket DOT-OST-2005-21306); and exemption authority to serve the El Paso-Saltillo and San Antonio-Saltillo markets (see Notice of Action Taken dated May 8, 2007, in Docket DOT-OST-2005-22042); (3) Capital Cargo s exemption authority to serve the Toledo-Saltillo/Guadalajara/ Monterrey markets (see Notice of Action Taken dated December 3 2007, in Docket DOT-OST-2005-22149); and Federal Express exemption authority to serve the Oakland-Guadalajara/Monterrey and Lafayette- Guadalajara markets (see Notice of Action Taken dated March 26, 2008, in Docket DOT-OST-2008-0105). 17 These requests were filed as part of the carriers applications and/or as answers to the applications of the other applicants here. 18 We also note here that Emery Worldwide, a now defunct air carrier, also filed an answer in support of the broad U.S.-Mexico authority sought by certain of the captioned applicants.
We have decided not to grant the broad authority requested. Pursuant to the U.S.-Mexico Air Transport Agreement, as amended December 12, 2005, the United States continues to be limited as to the number of U.S. carriers that may be designated to provide scheduled allcargo services on a given U.S.-Mexico city-pair route. Given these restrictions, we have pursued a licensing approach designed to promote maximum use of the limited route rights, and to ensure that those rights not being used are readily available to other carriers that would use them. Specifically, we structure our awards so that the particular authority held by any carrier for U.S.-Mexico all-cargo service is readily apparent, is a matter of public record, and can be determined immediately by looking directly at a carrier s certificate and/or exemption authority. Indeed, UPS has recognized that a new system would have to be established and implemented to provide the industry and the general public with the information that is now readily available under our existing approach, and to provide for the possibility of competing requests for newly proposed U.S.-Mexico city-pair market service. Under these circumstances, we see no persuasive reason to change this long-standing approach, which has well served our public interest objectives. 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 each applicant a certificate in the form attached; 2. Each 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 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 certificates be subject to the terms, conditions, and limitations contained in and attached to those certificates and to such others required by the public interest as the Department may prescribe; 4. The issuance of the certificates 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; 19 and 6 19 Our finding is based on the fact that the grant of each 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 showcause proceeding on any of these applications. There are no material, determinative issues of fact requiring such procedures for their resolution. 7 ACCORDINGLY, 1. We amend, renew, issue, or reissue, as appropriate and as stated, in the form attached, certificates of public convenience and necessity to the applicants listed in the caption of this order; 2. We grant all motions for leave to file otherwise unauthorized documents in the captioned dockets; 3. We confirm the October 19, 2001, oral action of the Director, Office of International Aviation, granting the request of Amerijet International, Inc., for a waiver of the 180-day advance filing requirements of Part 377 of the Department s regulations to the extent its renewal application in Docket DOT-OST-2001-10068 was not timely filed; 4. We deny the applications of Amerijet International, Inc., in Docket DOT-OST-2001-10068; Astar Air Cargo, Inc., in Dockets DOT-OST-2001-10052 and DOT-OST-2004-17023; Capital Cargo International Airlines, Inc., in Docket DOT-OST-2005-22750; Federal Express Corporation, in Dockets DOT-OST-2001-9824 and DOT-OST-2008-0105; and United Parcel Service Co., in Docket DOT-OST-2001-10393, to the extent that the applicants request broad U.S.-Mexico all-cargo certificate authority; 5. We deny the application of Astar Air Cargo, Inc., in Docket DOT-OST-2005-22621, to the extent that the applicant requests permanent certificate authority for El Paso- Saltillo and San Antonio-Saltillo all-cargo services; 6. We deny the application of Capital Cargo International Airlines, Inc., in Docket DOT- OST-2005-22750, to the extent that the applicant requests permanent certificate authority for its Toledo-Saltillo, Toledo-Guadalajara, and Toledo-Monterrey or, in the alternative, broad U.S.-Mexico all-cargo services; 7. We dismiss, as moot, the applications of Amerijet International, Inc., in Docket DOT- OST-2001-10068; Astar Air Cargo, Inc., in Dockets DOT-OST-2001-10052, DOT-OST- 2004-17348, DOT-OST-2005-20828; DOT-OST-2005-21307; DOT-OST-2005-22621; Federal Express Corporation, in Docket DOT-OST-2001-9824; and United Parcel Service Co., in Dockets DOT-OST-1999-6663 and DOT-OST-2001-10393, to the extent that the applicants request route integration authority for the subject U.S.-Mexico allcargo services authorized by this order;
8 8. We dismiss, as moot, the applications of Amerijet International, Inc., in Docket DOT- OST-2001-10068; Astar Air Cargo, Inc., in Dockets DOT-OST-2001-10052, DOT-OST- 2004-17348, DOT-OST-2005-20828, DOT-OST-2005-21307, and DOT-OST-2005-22621; and Capital Cargo International Airlines, Inc., in Docket DOT-OST-2005-22750, to the extent that the applicants request waivers of the Department s dormancy notice provisions for already-identified intermittent U.S.-Mexico all-cargo services; 9. To the extent not granted, explicitly denied, or dismissed, we deny all motions and requests in these dockets; 10. The certificates issued to each of the captioned carriers will be effective upon the service date of this order; 11. 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 section 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; 20 and 12. We will serve this order on the parties listed in the captioned dockets, which includes the applicants; the Ambassador of Mexico in Washington, D.C.; other parties in these dockets; 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 order is available on the World Wide Web at: http://www.regulations.gov 20 This order was submitted for section 41307 review on May 16, 2008. On July 10, 2008, we received notification that the President s designee, under Executive Order 12597 and implementing regulations, did not intend to disapprove the Department s Order.
SUMMARY OF U.S.-MEXICO CERTIFICATE APPLICATIONS FOR INFORMATION ONLY Page 1 of 4 CARRIER APPLICATION DATE DOCKET and PUBLIC NOTICE APPLICATION REQUESTS and RELEVANT AUTHORITY HELD DISPOSITION OF REQUESTS THIS ORDER: Amerijet 7/6/01, supplemented 10/17/05 DOT-OST-2001-10068 66 FR 37720, 7/19/01 Renewal of route segments one through four on its certificate for Rt. 570 for a five-year term: Miami-Merida; Miami-Mexico City; Miami-Cancun; and Miami-Guadalajara (see carrier s authority for Rt. 570, last issued by Order 96-11-24). Grants carrier s request to renew route segments one through four on Rt. 570. The carrier also included requests for certain U.S.-foreign route integration authority and dormancy waiver for intermittent/seasonal U.S.-Mexico service. Dismisses, as moot, carrier s U.S.-foreign route integration and dormancy waiver requests (see text of order). Amendment of certificate for Rt. 570 to add the point Ft. Lauderdale, Florida, as an alternate to Miami, Florida, for its Mexico all-cargo services. (Carrier currently holds this authority by exemption. See Notice of Action Taken dated 3/31/06, in Docket DOT-OST-1998-3383.) Grants carrier s request to amend its certificate for Rt. 570 to add Ft. Lauderdale as an alternate to Miami. Amendment of certificate for Rt. 570 to replace specific city-pair route segments with authority for broad U.S.-Mexico all-cargo service. (No corresponding exemption authority held by applicant.) Denies the carrier s request for broad U.S.-Mexico certificate authority (see text of order). Waiver of advance filing requirements required by 14 CFR Part 377. Affirms waiver orally granted on October 19, 2001. Astar (formerly DHL) 7/3/01 DOT-OST-2001-10052 Renewal of route segments one through six on its certificate for Rt. 725 for 66 FR 37720, 7/19/01 a five-year term: Cincinnati-Mexico City: Cincinnati-Monterrey; Cincinnati-Guadalajara; Houston-Mexico City; Houston-Monterrey; and Houston-Guadalajara (see carrier s authority for Rt. 725, last issued by Order 98-8-18). The carrier also included requests for certain U.S.-foreign route integration authority and dormancy waiver for intermittent/seasonal U.S.-Mexico service. Amendment of certificate for Rt. 725 to replace specific city-pair route segments with authority for broad U.S.-Mexico all-cargo service. (No corresponding exemption authority held by applicant.) Grants carrier s request to renew route segments one through six on Rt. 725. Dismisses, as moot, carrier s U.S.-foreign route integration and dormancy waiver requests (see text of order). Denies the carrier s request for broad U.S.-Mexico certificate authority (see text of order).
SUMMARY OF U.S.-MEXICO CERTIFICATE APPLICATIONS FOR INFORMATION ONLY Page 2 of 4 CARRIER APPLICATION DATE DOCKET and PUBLIC NOTICE APPLICATION REQUESTS and RELEVANT AUTHORITY HELD DISPOSITION OF REQUESTS THIS ORDER: Astar 3/15/04 DOT-OST-2004-17348 Renewal of route segments seven through nine on its certificate for Rt. 725 Grants carrier s request to renew route 69 FR 17023, 3/31/04 for a five-year term: Austin-Mexico City; Austin-Monterrey; and Austin-Guadalajara (see carrier s authority for Route 725, last issued by Order 98-8-18). segments seven through nine on Rt. 725. The carrier also included requests for certain U.S.-foreign route integration authority and dormancy waiver for intermittent/seasonal U.S.-Mexico service. Dismisses, as moot, carrier s U.S.-foreign route integration and dormancy waiver requests (see text of order). Amendment of certificate for Rt. 725 to replace specific city-pair route segments with authority for broad U.S.-Mexico all-cargo service. (No corresponding exemption authority held by applicant.) Denies the carrier s request for broad U.S.-Mexico certificate authority (see text of order). Astar 3/29/05, and 4/5/07 (supplemented on 4/5/07, to seek expedited action) DOT-OST-2005-20828 70 FR 19551, 4/13/05 Amendment of its certificate for Rt. 725 to (1) add the point Wilmington, Ohio, as an alternate U.S. gateway and (2) add the point Saltillo, Mexico, as a new point in Mexico for its U.S.-Mexico all-cargo services. Specifically, these markets are: Wilmington-Guadalajara; Wilmington-Mexico City; Wilmington-Monterrey; Wilmington-Saltillo; Austin-Saltillo; Cincinnati-Saltillo; and Houston-Saltillo. (Carrier currently holds this authority by exemption. See Notice of Action Taken dated 5/8/07, in Docket DOT-OST-2005-20827.) Grants carrier s request to amend certificate Rt. 725 to add Wilmington in the United States and Saltillo in Mexico. The carrier also included requests for certain U.S.-foreign route integration authority and dormancy waiver for intermittent/seasonal U.S.- Mexico service. Dismisses, as moot, carrier s U.S.-foreign route integration and dormancy waiver requests (see text of order). Astar 5/19/05, and 4/5/07 (see above) DOT-OST-2005-21307 70 FR 33254, 6/7/05 Amendment of its certificate for Rt. 725 to include the route segment Los Angeles-Mexico City). (Carrier currently holds authority by Exemption. See Notice of Action Taken dated 5/8/07, in Docket DOT-OST-2005-21306.) Grants carrier s request to amend certificate Rt. 725 to add the Los Angeles- Mexico City city-pair route segment. The carrier also included requests for certain U.S.-foreign route integration authority and dormancy waiver for intermittent/seasonal U.S.- Mexico service. Dismisses, as moot, carrier s U.S.-foreign route integration and dormancy waiver requests (see text of order).
SUMMARY OF U.S.-MEXICO CERTIFICATE APPLICATIONS FOR INFORMATION ONLY Page 3 of 4 CARRIER APPLICATION DATE DOCKET and PUBLIC NOTICE APPLICATION REQUESTS and RELEVANT AUTHORITYY HELD DISPOSITION OF REQUESTS THIS ORDER: Astar 9/30/05, and 4/5/07 (see above) DOT-OST-2005-22621 70 FR 62016, 10/27/05 Amendment of its certificate for Rt. 725 to add the route segments El Paso- Saltillo and San Antonio-Saltillo. (Carrier currently holds authority by exemption. See Notice of Action Taken dated 5/8/07, in Docket DOT- OST-2005-22042.) Grants carrier s request to amend certificate Rt. 725 to add El Paso- Saltillo and San Antonio-Saltillo authority. The carrier also requests that the El Paso/San Antonio-Saltillo certificate authority be granted permanently. Denies carrier s request for permanent El Paso/San Antonio-Saltillo certificate authority (see text of order). The carrier also included requests for certain U.S.-foreign route integration authority and dormancy waiver for intermittent/seasonal U.S.-Mexico service. Dismisses, as moot, carrier s U.S.-foreign route integration and dormancy waiver requests (see text of order). Capital Cargo 10/17/05 DOT-OST-2005-22750 New certificate authority to serve the Toledo-Saltillo; Toledo-Guadalajara; 70 FR 67210, 11/04/05 and Toledo-Monterrey markets. (Carrier currently holds authority by exemption. See Notice of Action Taken dated 12/3/07, in Docket DOT-OST-2005-22149.) Carrier requests that, in the alternative to the above, the Department grant it broad U.S.-Mexico authority on a permanent basis. (No corresponding exemption authority held by applicant.) Grants carrier s request for new certificate authority to serve the Toledo- Saltillo/Guadalajara/Monterrey markets. Denies carrier s request for broad U.S.-Mexico and permanent certificate authority (see text of order). The carrier also included requests for certain U.S.-foreign route integration authority. Grants the carrier s request for U.S.- foreign route integration authority.
SUMMARY OF U.S.-MEXICO CERTIFICATE APPLICATIONS FOR INFORMATION ONLY Page 4 of 4 CARRIER APPLICATION DATE DOCKET and PUBLIC NOTICE APPLICATION REQUESTS and RELEVANT AUTHORITY HELD DISPOSITION OF REQUESTS THIS ORDER: Federal Express Federal Express 5/3/01 DOT-OST-2001-9824 Renewal of route segments one through six on its certificate for Rt. 568: 66 FR 37731, 6/12/01 Harlingen-Toluca; Harlingen-Guadalajara; Harlingen-Monterrey; Memphis- Toluca; Memphis-Guadalajara; and Memphis-Monterrey (see carrier s authority for Route 568, last issued by Order 96-11-24). The carrier also included a request for U.S.-foreign route integration authority. Amendment of certificate for Rt. 568 to replace specific city-pair route segments with authority for broad U.S.-Mexico all-cargo service. (No corresponding exemption authority held by applicant.) 3/14/08 DOT-OST-2008-0105 Amendment of certificate for Rt. 568 to add the route segments Oakland- 73 FR 25822, 5/7/08 Guadalajara; Oakland-Monterrey; and Lafayette-Guadalajara. (Carrier currently holds authority by exemption. See Notice of Action Taken dated 3/26/08, in Docket DOT-OST-2008-0105.) Grants carrier s request to renew route segments one through six on Rt. 568. Dismisses, as moot, carrier s U.S.- foreign route integration request (see text of order). Denies the carrier s request for broad U.S.-Mexico certificate authority (see text of order). Grants carrier s request to amend certificate Rt. 568 to add Oakland- Guadalajara; Oakland-Monterrey; and Lafayette-Guadalajara authority. UPS 11/23/04, amended on 10/21/05 (see below) DOT-OST-1999-6663 69 FR 72231, 12/13/04 Renewal of the following unnumbered route segments on its certificate for Rt. 569: Austin-Monterrey; Houston-Mexico City; Louisville-Guadalajara; Louisville-Mexico City ; Louisville-Monterrey; San Antonio-Guadalajara; and San Antonio-Monterrey (see carrier s authority for Route 569, last reissued by Order 2000-5-31). * Grants carrier s request to renew the listed city-pair route segments. The carrier also included a request for certain U.S.-foreign route integration authority. Dismisses, as moot, carrier s U.S.-foreign route integration request (see text of order). UPS 8/13/01 DOT-OST-2001-10393 Amendment of certificate for Rt. 569 to replace specific city-pair route 66 FR 37720, 7/19/01 segments with authority for broad U.S.-Mexico all-cargo service, including route integration. (No corresponding exemption authority held by applicant.) Denies the carrier s request for broad U.S.-Mexico certificate authority, including route integration (see text of order). * In a pleading dated October 21, 2005, UPS clarifies that it was not requesting renewal of previously granted certificate authority to serve the Houston- Guadalajara and San Antonio-Mexico City markets, due to dormancy. See also dormancy letter of carrier dated April 12, 2001 (Docket DOT-OST-1999-6663).
Experimental Certificate of Public Convenience and Necessity for Route 570 (as reissued) This Certifies That AMERIJET INTERNATIONAL, 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 property and mail. This Certificate is not transferable without the approval of the Department of Transportation. By Direction of the Secretary Issued by Order 2008-7-15 On May 16, 2008 Effective July 10, 2008 Paul L. Gretch Director, Office of International Aviation
Terms, Conditions, and Limitations Amerijet International, Inc., for Route 570 * As renewed, amended, and reissued by Order 2008-7-15 Route 570 Page 1 of 3 is authorized to engage in scheduled foreign air transportation of property and mail over the following U.S.-Mexico city-pair route segments: Ft. Lauderdale, Florida-Cancun Ft. Lauderdale, Florida-Guadalajara Ft. Lauderdale, Florida-Merida Ft. Lauderdale, Florida-Mexico City Miami, Florida-Cancun Miami, Florida-Guadalajara Miami, Florida-Merida Miami, Florida-Mexico City 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 is not authorized to carry passengers (other than cargo attendants accompanying freight shipments). (3) 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 * This certificate, last reissued by Order 96-11-24, is reissued to (1) reflect new certificate authority to serve the Ft. Lauderdale-Merida/Mexico City /Cancun/Guadalajara markets; (2) renew certificate authority to serve the Miami-Cancun, Miami-Guadalajara, Miami-Merida, and Miami-Mexico City markets; (3) remove the U.S.-foreign country route integration provision that is now superseded by Amerijet s blanket route integration authority granted by Order 2006-1-1; (4) remove the city-pair route segment numbering system; and (5) amend and/or delete obsolete terms and conditions.
Order 2008-7-15 Route 570 Page 2 of 3 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. (4) 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. (5) 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 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. (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) 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. 9(a) The holder may combine services on all city-pair route segments of this certificate and combine services on this certificate with U.S.-Mexico all-cargo services authorized by other Department of Transportation certificates or exemptions, subject to the condition below.
Order 2008-7-15 Route 570 Page 3 of 3 9(b) The provisions in paragraph 9(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. (10) The holder shall file a notice with the Department if it discontinues services on a city-pair 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. (11) 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. (12) 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. This certificate shall become effective July 10, 2008; provided, however, that prior to the date on which the certificate would otherwise become effective, the Department, either on its own initiative or upon the timely filing of a petition for reconsideration of the order issuing this certificate, may by order or orders extend such effective date from time to time. The authority to serve each city-pair route segment in this certificate shall continue in effect until July 10, 2013; 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) 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.
Experimental Certificate of Public Convenience and Necessity for Route 725 (as reissued) This Certifies That ASTAR AIR CARGO, 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 property and mail. This Certificate is not transferable without the approval of the Department of Transportation. By Direction of the Secretary Issued by Order 2008-7-15 On May 16, 2008 Effective July 10, 2008 Paul L. Gretch Director, Office of International Aviation
Terms, Conditions, and Limitations Astar Air Cargo, Inc., for Route 725 * As renewed, amended, and reissued by Order 2008-7-15 Route 725 Page 1 of 4 is authorized to engage in scheduled foreign air transportation of property and mail over the following U.S.-Mexico city-pair route segments: Austin, Texas-Guadalajara Austin, Texas-Mexico City Austin, Texas-Monterrey Austin, Texas-Saltillo Cincinnati, Ohio-Guadalajara Cincinnati, Ohio-Mexico City Cincinnati, Ohio-Monterrey Cincinnati, Ohio-Saltillo El Paso, Texas-Saltillo Houston, Texas-Guadalajara Houston, Texas-Mexico City Houston, Texas-Monterrey Houston, Texas-Saltillo Los Angeles, California-Mexico City San Antonio, Texas-Saltillo Wilmington, Ohio-Guadalajara Wilmington. Ohio-Mexico City Wilmington, Ohio-Monterrey Wilmington, Ohio-Saltillo 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 * This certificate, last reissued to DHL Airways, Inc., by Order 98-8-18, is reissued to (1) reflect the carrier s new operating and registered name (Astar); (2) reflect new certificate authority to serve the Wilmington- Guadalajara/Mexico City/Monterrey, Houston/Austin/Cincinnati-Saltillo, Los Angeles-Mexico City, El Paso- Saltillo, and San Antonio-Saltillo markets; (3) renew certificate authority to serve the Cincinnati- Guadalajara/Mexico City/Monterrey, Houston-Guadalajara/Mexico City / Monterrey, and Austin- Guadalajara/Mexico City/Monterrey markets; (4) remove the U.S.-foreign country route integration provision that is now superseded by Astar s blanket route integration authority granted by Order 2006-1-1; (5) remove the citypair route segment numbering system; and (6) amend and/or delete obsolete terms and conditions.
Order 2008-7-15 Route 725 Page 2 of 4 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 is not authorized to carry passengers (other than cargo attendants accompanying freight shipments). (3) 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. (4) 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. (5) 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 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. (6) The holder shall at all times remain a Citizen of the United States as required by 49 U.S.C. 40102(a)(15).
Order 2008-7-15 Route 725 Page 3 of 4 (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) 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. 9(a) 9(b) The holder may combine services on all city-pair route segments of this certificate and combine services on this certificate with U.S.-Mexico all-cargo services authorized by other Department of Transportation certificates or exemptions, subject to the condition below. The provisions in paragraph 9(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. (10) The holder shall file a notice with the Department if it discontinues services on a city-pair 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. (11) 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. (12) 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
Order 2008-7-15 Route 725 Page 4 of 4 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 July 10, 2008; provided, however, that prior to the date on which the certificate would otherwise become effective, the Department, either on its own initiative or upon the timely filing of a petition for reconsideration of the order issuing this certificate, may by order or orders extend such effective date from time to time. The authority to serve each city-pair route segment in this certificate shall continue in effect until July 10, 2013; 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) 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.
Experimental Certificate of Public Convenience and Necessity for Route 885 This Certifies That Capital Cargo International 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 property and mail. This Certificate is not transferable without the approval of the Department of Transportation. By Direction of the Secretary Issued by Order 2008-7-15 On May 16, 2008 Effective July 10, 2008 Paul L. Gretch Director, Office of International Aviation