Order 2013-2-1

Served: February 1, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 1st day of February, 2013

Application of

AIR TRANSPORT INTERNATIONAL 

LIMITED LIABILITY COMPANY 

for a disclaimer of jurisdiction and reissuance of 

certificates of public convenience and necessity

 Docket DOT-OST-2012-0133

ORDER CONFIRMING ORAL ACTION DISCLAIMING JURISDICTION

AND REISSUING CERTIFICATES

Summary

By this order, we (1) confirm our oral action of August 31, 2012, disclaiming jurisdiction over 

the transfer of the interstate scheduled certificate and other operating authorities issued to Air 

Transport International Limited Liability Company (“ATI”) to Air Transport International, Inc., 

and (2) reissue the air carrier’s interstate and foreign certificates in its new corporate name.

Request for Disclaimer

Established as a limited liability company under the laws of the State of Nevada, ATI is an 

operating air carrier that holds certificates of public convenience and necessity authorizing it to 

engage in interstate scheduled and foreign charter air transportation of persons, property and 

mail,1 as well as blanket open-skies all-cargo certificate authority.2

 ATI’s ownership is divided 

among Cargo Holdings, Inc. (“CHI”), which owns 99 percent of ATI’s membership interests, 

and Cargo Aviation, Inc. (“CAI”), which owns the remaining 1 percent of ATI’s membership 

interest. CAI, in turn, is a wholly owned subsidiary of CHI, while CHI is a wholly owned 

subsidiary of Air Transport Services Group, Inc. (“ATSG”). 

On August 7, 2012, ATI filed an application in Docket DOT-OST-2012-0133 requesting that the 

Department disclaim jurisdiction over the transfer of its operating authorities to a newly-formed 

 1 See Order 94-9-34. ATI’s authority to conduct scheduled passenger flight operations is not yet effective. 2 See Order 2007-7-4. By Order 94-10-6, ATI was reissued certificate authority to provide all-cargo foreign air 

transportation between the U.S. and Austria, Belgium, Denmark, the Federal Republic of Germany, Finland, France, 

Ireland (Shannon), Luxembourg, The Netherlands, Norway, Spain, Sweden, Switzerland, and the United Kingdom. 

However, since this authority has been superseded by ATI’s blanket-open skies certificate it will not be reissued.

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
2

Delaware corporation named Air Transport International, Inc. Under the proposed 

reorganization plan, ATI states that it intends to form a new subsidiary, Newco ATI, LLC 

(“Newco”). ATI will then contribute all of its airline-related assets to Newco. ATI will also 

contribute 100 percent of the membership interests in Newco to CHI and at the same time 

contribute tangible assets equal to 1 percent of the membership interests in Newco to CAI. CAI 

will then distribute those tangible assets to CHI, which will in turn, contribute those assets to 

Newco. Newco will then be converted, under applicable Nevada and Delaware law, into a 

Delaware corporation and will be renamed Air Transport International, Inc. (“ATI Corp.”). 

Following the steps described above, ATI will contribute one hundred percent of the stock of 

ATI Corp to ATSG, which will result in ATI Corp becoming a direct wholly owned subsidiary 

of ATSG. 

In support of its application ATI states that the request for the disclaimer of jurisdiction is 

necessitated by a corporate reorganization for business and tax purposes. ATI further states that 

the reorganization will not result in any material changes to the ownership, citizenship, financial 

condition, or operations of the company.3

No answers opposing ATI’s application were received.

Decision

Upon review of the information provided by ATI, we have decided to disclaim jurisdiction over

the air carrier’s reincorporation from a Nevada LLC to a Delaware corporation. We have 

examined the information provided by ATI in this proceeding and find that the proposed 

reorganization will have no effect on the actual ownership, control, management, citizenship, 

financial condition, or operations of the air carrier. In previous cases, the Department has 

disclaimed jurisdiction over similar corporate reorganizations based on the conclusion that the 

circumstances of the proposed transfer did not fall within the meaning of section 41105 of the 

Transportation Code.4

 Therefore, on August 31, 2012, we orally advised ATI of this decision. 

Subsequently, ATI provided evidence that the proposed reincorporation was completed on 

September 30, 2012. By this order, we confirm our oral action and reissue ATI’s certificates to 

reflect the Air Transport International, Inc. name.

ACCORDINGLY, 

1. We confirm our oral action of August 31, 2012, disclaiming jurisdiction over the transfer of 

the certificates of public convenience and necessity currently held by Air Transport International 

Limited Liability Company to Air Transport International, Inc.

2. We reissue in the name Air Transport International, Inc. the certificates of public 

convenience and necessity issued to Air Transport International Limited Liability Company by

 3 On October 24, 2012, ATI informed the Department of several changes in its management, including the 

replacement of its President. In light of the reported substantial change in management, we intend to conduct a 

continuing fitness review to assess the air carrier’s fitness. 4 See, for example, Order 2010-11-11 and Order 2003-3-2. 
3

(a) Order 94-9-34 authorizing the holder to engage in Interstate Scheduled 5Air 

Transportation of persons, property, and mail.

(b) Order 2007-7-4, certificate of Public Convenience and Necessity for Route 857,

Blanket Open Skies All-Cargo Route Authority

3. We will serve a copy of this order on the persons listed in Attachment A.

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

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

http://www.regulations.gov

 5 See Order 94-9-34, issued September 23, 1994. In this order, the Department granted ATI authority to conduct 

interstate scheduled air transportation of persons, property, and mail as a U.S. certificated air carrier. However, since 

ATI did not provide evidence from the Federal Aviation Administration authorizing the transport of passengers in 

scheduled service, ATI’s interstate scheduled certificate is limited to operations involving the transport of property 

and mail. 
Certificate of Public Convenience and Necessity 

for

Interstate Air Transportation

(as reissued)

This Certifies That

AIR TRANSPORT INTERNATIONAL, INC.

is 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 interstate 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 2013-2-1 Todd M. Homan

On February 1, 2013 Director 

Effective on August 31, 2012 Office of Aviation Analysis
Attachment ∗As reissued by 

Order 2013-2-1

Terms, Conditions, and Limitations

AIR TRANPORT INTERNATIONAL, INC.

is authorized to engage in interstate air transportation of persons, property, and mail between any

point in any State, territory, or possession of the United States or the District of Columbia, and any 

other point in any of those entities.

This authority is subject to the following provisions:

(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's authority under this certificate is effective only to the extent that such operations 

are also authorized by the Federal Aviation Administration (FAA), and comply with all U.S. 

Government requirements concerning security, including, but not limited to 49 CFR Part 1544.

∗∗

(3) The holder shall at all times remain a "Citizen of the United States" as required by 49 U.S.C. 

40102(a)(15).

(4) 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 Title 49 of the United States Code or the 

Department's regulations shall be sufficient grounds to revoke this certificate.

(5) The authority to conduct scheduled passenger operations is conditioned upon the holder’s 

being redetermined fit, willing, and able to conduct such operations and upon receipt of amended 

Operations Specifications from the FAA. 

(6) The holder is authorized to conduct charter flights in interstate and/or foreign air 

transportation in accordance with the provisions of 14 CFR 212. 

(7) The holder may reduce or terminate service at any point or between any two points, subject to 

compliance with the provisions of 49 U.S.C. 41734 and all orders and regulations issued by the 

Department of Transportation under that section.

 ∗ This certificate is being reissued to reflect the transfer of the authority contained herein from Air Transport 

International, LLC to Air Transport International, Inc. 

∗∗ 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.
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(8) The holder may not provide scheduled passenger air transportation to or from Dallas (Love 

Field), Texas, except within the limits set forth in section 29 of the International Air Transportation 

Competition Act of 1979, as amended or as modified by any future legislation addressing access 

restrictions to or from Love Field.

(9) Should the holder propose any substantial change in its ownership, management, or operations 

(as defined in 14 CFR 204.2(l)), it must first comply with the requirements of 14 CFR 204.5.

(10) In the event that the holder commences but subsequently 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 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.
Certificate of Public

Convenience and Necessity

(as reissued)

Route 857 

This Certifies That

Air Transport 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 2013-2-1 Paul L. Gretch

On February 1, 2013 Director

Effective on August 31, 2012 Office of International Aviation

 
Terms Conditions and Limitations

Air Transport International, Inc. for Route 857

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

property, and mail between the United States and: 6 7

Albania

Armenia

Aruba 

Australia

Austria 

Bahrain 

Barbados

Belgium

Bosnia-Herzegovina

Bulgaria

Burkina Faso

Cameroon

Canada

Cape Verde 

Chad

Columbia

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

Montenegro

Morocco

Namibia

Netherlands 

Netherlands Antilles 

Nicaragua 

Nigeria 

Norway 

Oman 

Pakistan 

Panama 

Paraguay

Peru 

Poland 

Portugal 

Qatar

Romania 

Rwanda

St. Christopher and 

Nevis

Senegal

Sierra Leone

Slovak Republic 

Slovenia

Spain

Sri Lanka 

Sweden

Switzerland 

Taiwan 

Tanzania 

Thailand

Trinidad and Tobago

Turkey 

Uganda 

United Arab Emirates 

United Kingdom8

Uruguay

Uzbekistan

Zambia

MALIAT Membership

Brunei Darussalam

Chile

Cook Islands

Mongolia (cargo-only)

New Zealand

Samoa

Singapore

Tonga

Cargo Open-Skies 

Only

Argentina

Vietnam

 6 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. 

7 This list, as of January 2013, 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://www.dot.gov/policy/aviation-policy/open-skies-agreements-being-applied. The 

holder shall be responsible for operating at all times in compliance with the list maintained by the Department. 8 This does not apply to UK dependencies.
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This authority is subject to the following provisions:

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 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 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 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.

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 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. 

6. 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. 

7. The holder shall at all times remain a “Citizen of the United States" as required by 49 U.S.C. 

40102(a)(15).

8. The holder shall maintain in effect liability insurance as required under 14 CFR Part 205. 

Failure to maintain such issuance coverage will render a certificate ineffective, and this or 

other failure to comply with the provision of Subtitle VII of Title 49 of the United States 

Code or the Department's regulation shall be sufficient grounds to revoke this certificate.

9. Should the holder propose any substantial changes in its ownership, management, or 

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

requirements of 14 CFR 204.5.

10. In the event that the holder commences but subsequently 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 not 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.
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Attachment A

AIR TRANSPORT INTERNATIONAL LIMITED LIABILITY COMPANY

MR DENNIS MANIBUSAN

PRESIDENT

AIR TRANSPORT INTERNATIONAL

2800 CANTRELL ROAD

LITTLE ROCK AK 72202

MR ROBERT P SILVERBERG

COUNSEL FOR AIR TRANSPORT 

INTERNATIONAL LIMITED LIABILITY COMPANY

SILVERBERG GOLDMAN & BIKOFF LLP

1101 30TH STREET NW 

SUITE 130

WASHINGTON DC 20007

MR PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR 

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MARK MAZOR

CERTIFICATION SECTION MANAGER

FAA AFS-900

45005 AVIATION DRIVE, SUITE 131

DULLES, VA 20166

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR CHARLES E CARNES

POI FOR AIR TRANSPORT INTL LLC

FEDERAL AVIATION ADMINISTRATION

LITTLE ROCK FSDO

1701 BOND STREET

LITTLE ROCK AR 72202-5733