Order 2015

- 5

- 9

Served : May 13, 2015

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 13 day of May , 2015

Application of

Charter Air Transport, Inc.

for the reissuance of its commuter authority Docket DOT

- OST

- 2009

- 0187

ORDER REISSUING COMMUTER AUTHORITY

Charter Air Transport, Inc.

, d/b/a Via Airlines (“CAT”), is an operating U.S. air carrier holding a

commuter air carrier authorization. 1

On April 17, 2015, CAT filed an application in Docket DOT

- OST

- 2009

- 0187 requesting the

reissuance of its commuter air carrier authorization to reflect a change in its corporate name to V ia

Airlines, Inc. The company also requested that the Department regi ster the trade name “Charter Air

Transport.” The change in the corporate name was accomplished on February 19, 2015

, by an

amendment to its articles of incorporation. In support of its request , CAT states that this is a change in

corporate name only and that it intends to continue to perform some of its operations using the name

“ Charter Air Transport. ” CAT further stat es that the name changes enable it to better market its

operations.

Part 21 5 of the Department’s regulations (14 CFR Part 215) provides that any air carrier wishing to

change its name must first register that name with the Department. The rule further states that the

Department may register such name after the air carrier gives notification to similarly named air

carriers of the proposed use of the name. In this case, we identified no similarly named air carriers.

By this order, we reissue the commuter authority held by CAT to refle ct the change in corporate name

and to register the new trade name.

ACCORDINGLY , Pursuant to authority assigned by the Depart ment in its regulations,

14 CFR 385.12:

1. We reiss ue in the name Via Airlines, Inc.

, d/b/a Charter A ir Transport, the commuter authority

issued to Charter Air Transport, Inc. by Order 2011

- 4

- 11 in the form attached and subject to the t erms,

conditions, and limitations, authorizing it to engage in commuter operations.

1 See Order 2011

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- 11, issued April 8, 2011. By Notice dated September 17, 2014, the Department registered

the trade name “Via Airlines” for immediate use in CAT’s operations.2



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

Persons entitled to petition the Department for review of this order under the Department’s

Regulations, 14 CFR § 385.30, may file their petitions within 10 days of this service date of this order.

This action taken by this order is effective immediately and the filing of a petition for review shall not

alter its effectiveness.

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

# Commuter Air Carrier Authorization

(as reissued)



# VIA AIRLINES, INC.

d/b/a CHARTER AIR TRANSPORT

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 Limitati ons, to engage in scheduled passenger air transportation as a

commuter air carrier.

This authorization is not transferable without the appro val of the Department of

Transportation.

By Direction of the Secretary

Issued by Order 2015

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- 9 Todd M. Homan

On May 13

, 2015 Director

Effective on May 13 , 2015 Office of Aviation Analysis

### Attachment

 

### As reissued by Order 2015

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### Terms, Conditions, and Limitations

VIA AIRLINES, INC.

d/b/a CHARTER AIR TRANSPORT

is au thorized to engage in scheduled passenger air transportatio n operations as a commuter air

carrier

.

This authority is subject to the following provisions:

(1) The holder shall at all times conduct its operations in accordance with the regulations of

14 CFR Part 298 and any other regulations prescribed by the Department of Transportation for

the service s authorized here , 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 is limited to operations conducted pursuant to Part 135 of the

Federal Aviation Regulations. In the event that the holder wishes to institute operations that

would require Part 121 certification from the FAA, it must first be determined fit for such

operations.

( 3 ) The holder may not operate aircraft designed to have a maximum passenger capacity of

more than 60 seats or a maximum payload capacity of more than 18,000 pounds.

( 4 ) The holder's authority 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

.  

( 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 this authority 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 gr ounds to revoke this authority

.

 This authorization is being reissued to reflect the change in the holder’s corporate na me from Charter

Air Transport, I

nc.

, to Via Airlines, Inc.

, and to register the trade name “ Charter Air Transport .”

  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.( 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.

( 8 ) 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.

( 9 ) In the event that the holder does not commence actual flying operations as a commuter

air carrier under this authority within one year of the date of the Department’s determination of

its fitness, its commuter authority shall be revoked for dormancy. Further, in the event that the

holder commences but subsequently ceases all operations, th e authority granted here 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 authorit y

shall be revoked for dormancy.Attachment A

SERVICE LIST FOR VIA AIRLINES , INC.

d/b/a CHARTER AIR TRANSPORT

AMOS VIZER

PRESIDENT

VIA AIRLINES INC

218 JACKSON STREET

MAITLAND FL 32751 JASON E MADDUX

GAROFALO GOERLICH HAINBACH PC

COUNSEL FOR VIA AIRLINES INC

1200 NEW HAMPSHIRE AVE NW

SUITE 590

WASHINGTON DC 20036

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590 PETER LYNCH

ASST CHIEF COUNSEL

FOR ENFORCEMENT

FAA AGC

- 300

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MARK MAZOR

CERTIFICATION SECTION MANAGER

FAA AFS

- 900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166 JAMES A STENHOUSE

POI FOR VIA AIRLINES INC

FAA ORLANDO FISDO

5950 HAZELTINE NATIONAL DRIVE

SUITE 500

ORLANDO FL 32822

KATHERINE TATUM

TECHNICAL PROGRAMS BRANCH

FAA AFS 260

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591