OST-98-3598
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OST-98-3598
Simmons Airlines, Inc. d/b/a American Eagle and American Eagle Airlines, Inc.
OST-98-3598 | March 10, 1998
Joint Application for Transfer of Certificates, or in the
Alternative for Disclaimer of Jurisdiction
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
American Eagle Airlines, Inc. and Simmons Airlines, Inc. d/b/a American Eagle (Transfer of Certificates)
Order 98-4-21 | OST-98-3598 | Issued and Served April 23, 1998
Order Transferring and Reissuing Certificates
On March 10, 1998, Simmons and a newly formed affiliate company, American Eagle, filed a joint application requesting that the Department disclaim jurisdiction or, in the alternative, approve a transfer of Simmons' section 41102 certificates to American Eagle. In support of their request, the applicants state that, in addition to the certificates, all operations, management, assets, liabilities, and employees will be transferred from Simmons to American Eagle. The applicants further state that the transfer is being implemented to reorganize and consolidate Simmons and its two other affiliates, Flagship and Wings West,' into one operating entity, American Eagle. The applicants have indicated their plans to complete the intra-corporate merger by April 30.
Attachment: Certificate of Public Convenience and Necessity for Interstate | Service List
By: Charles Hunnicutt
American Eagle Airlines, Inc. and Simmons Airlines, Inc. d/b/a American Eagle (Transfer of Certificates)
Order 98-5-12 | OST-98-3598 | Issued April 23, 1998 | Served May 11, 1998
Order Reissuing Foreign Certificates
By this Order, we are transferring and reissuing to American Eagle Airlines, Inc., under section 41105, the foreign scheduled passenger certificates issued to Simmons Airlines, Inc., by Orders 95-&26 (Route 661) and 95-9-23 (Route 537).
Attachment: Certificate of Public Convenience for Route 661 | Route 537 | Service List
By: Charles Hunnicutt
Simmons Airlines, Inc. d/b/a American Eagle and American Eagle Airlines, Inc. (Transfer of Certificates)
OST-9-3598 | May 22, 1998
Petition of Legend Airlines for Reconsideration
of Order 98-4-24
American's failure to include in its application an acknowledgment of limitations of its ability to operate at Love Field was not surprising because, as a signatory to a Use Agreement, American's operations at Love Field are vastly restricted. In fact, as described in Legend's Answer to four recent petitions by American, the Use Agreement prohibits American from conducting any interstate operations at Love Field. A copy of Legend's Answer is attached hereto and incorporated by reference. Because of the restrictions on Love Field operations imposed by the Use Agreement, American is not "fit, willing, and able" to conduct operations at Love Field. The Department's Order, served on April 23, 1998, was therefore in error.
Counsel: Ungaretti Harris, Edward Faberman, 202-778-4460
American Airlines, Inc. and Simmons Airlines, Inc. d/b/a American Eagle - (Certificate Transfer)
OST-98-3598 | June 2, 1998
Legend's petition is untimely and should be dismissed. If, however, the Department entertains Legend's petition, it should be denied. Legend's contentions regarding the DEW Use Agreement are nothing short of frivolous, as shown by American and Executive Airlines, Inc. in their joint reply to Legend, filed today. Legend's position is baseless, has no support in DOT precedent, and should be summarily rejected.
Counsel: Carl Nelson, Jr. for American Airlines, 202.496.5647
Simmons Airlines, Inc. d/b/a American Eagle and American Eagle Airlines, Inc. - (Certificates of Public Convenience and Necessity, or in the Alternative, For Disclaimer of Jurisdiction)
OST-98-3598 | June 10, 1998
Motion of Legend Airlines, Inc. for Leave to
File Reply in Support of Petition for Reconsideration
The Reply is necessary to clarify and emphasize the reasons for granting the petition for reconsideration. American Eagle and Simmons (or "American") protest the timeliness of Legend's petition for reconsideration; and Legend's Reply demonstrates good cause for filing the petition a few days after the deadline established by regulation.
Reply of Legend Airlines, Inc. in Support of
Petition for Reconsideration
Because American never provided Legend with a copy of the Order, while relying on it to obtain other certificate amendments, it has no legitimate basis for complaining that Legend's Petition for Reconsideration was filed 9 days after the reconsideration period expired. Moreover, Legend has expended significant legal resources in response to American's and its surrogates' attempts to keep Legend from initiating operations. Rewarding American for inundating Legend through initiation of numerous concurrent lawsuits, applications, and other actions would be inconsistent with the public interest. In these circumstances it is in the public interest to accept Legend's Petition for Reconsideration.
Counsel: Ungaretti Harris, Paul Olsen and Edward Faberman, 202.778.4460
Order 98-7-6 | OST-98-3817 | OST-98-3818 | OST-98-3819 | OST-98-3820 | OST-98-3598 | OST-98-4024 | Issued and Served July 8, 1998
By this order, we are (1) reissuing the interstate scheduled passenger certificates held by American Airlines, Inc. (American) and Executive Airlines, Inc. d/b/a American Eagle (Executive) under 49 U.S.C. 41102 to reflect the new standard "Love Field condition" and the current format for such certificates, (2) affirming our action in Order 98-4-24 reissuing American Eagle's certificate with this revised provision, and (3) amending the interstate scheduled certificates issued to other air carriers to reflect this new language.
By: Charles Hunnicutt
American Eagle Airlines, Inc. and Executive Airlines, Inc.
| OST-98-3598 | November 7, 2002 | Petition for Issuance of Separate Certificates for Routes 537 and 661 | Issuance of Separate Certificates of Public convenience and Necessity for Route 557 (US-Caribbean) and Route 661 (US-Canada) |
American Eagle Airlines, Inc. and Executive Airlines, Inc.
hereby petition the Department for issuance of separate certificates
of public convenience and necessity for Route 537 (U.S.-Caribbean)
and Route 661 (U.S.-Canada). The two certificates, as issued by Order
98-5-12, May 11, 1998, are in the names of both carriers (see
attachments). By this petition, we seek the following separate
certificates:
(1) American Eagle Airlines, Inc. (U.S.-Caribbean)
(2) American Eagle Airlines, Inc. (U.S.-Canada)
(3) Executive Airlines, Inc. (U.S.-Caribbean)
The purpose of this request is to facilitate a change in ownership and control of Executive described in the attached press release issued on November 6, 2002. Following completion of that transaction, American Eagle and Executive, which are now wholly-owned subsidiaries of AMR Corporation, will no longer be affiliated.
Counsel: American, Carl Nelson, 202 496-5647
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