Order 2011

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Served: February 2 2 , 2011

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 22 nd day of February , 201 1

In the matter of the cancellation of the interstate charter

certificate i ssued to

VICTORY AIR TRANSPORT , INC

.

Pursuant to the provisions of 14 CFR § 204.7 DOCKET DOT

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- 2002

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ORDER CANCE L ING CERTIFICATE AUTHORITY

Summary

By this order, we cancel the certificate authority issued to Victory Air Transport, Inc.

(“ Victory ” ) , a uthorizing it to engage in interstate charter air transportation of persons, property

, and mail , for reason of dormancy

.

Background

By Order 200 3

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, served July 23, 2003

, the Department found Victory fit to engage in

interstate charter air transportation of persons, property

, and mail as a U.S. certificated air

carrier. By Order 2003

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- 16, is sued September 23, 2003, Victory was issued a companion

certificate to engage in foreign passenger charter air transportation.

On February 8, 2011

, Victory advised the Department by letter that it was voluntarily

surrender ing its certificates of public convenience and necessity for interstate and foreign charter

air transpor tation and was also taking the necessary steps to voluntarily surrender its Part 135

Federal Aviation Administration (“FAA”) operating certificate.

Section 204.7 of the Department’s Aviation Regulations (14 CFR § 204.7) provides that, if an air

carrier ce ases conducting operations for which it was found fit, it may neither resume air

transportation operations nor advertise such services until its fitness to do so has been

redetermined by the Department. Section 204.7 further provides that, if an air carri er does not

have its fitness redetermined and resume operations within one year of the date of its cessation,

its certificate authority will be revoked for dormancy.2

Victory advised the Department that the air carrier did not intend to resume charter op erations.

Under these c ircumstances w e find it appropr iate to cancel the interstate certificate issued to

Victory

. 1 This action is without prejudice to the company’s filing for new authority in the future.

ACCORDINGLY , Pursuant to authority assigned by the Department in its regulations,

14 CFR 385.12:

1. We cancel the interstate charter certificate issued to Victory Air Transport

, Inc.

, by Order

2003

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- 25 aut horizing it to engage in inters tate charter air transportation of persons, property,

and mail.

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 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 availab le on the World Wide Web at:

http: / / www.regulations.gov

1 By this order, we cancel the interstate certific ate only. Cancel l a tion of Victory’s foreign certificate is subject to

Presidential review under 49 U.S.C. § 41307 and will be handled in a separate order.Attachment A

SERVICE LIST FOR VICTORY AIR TRANSPOR T , INC.

MR GARY GAROFALO

GAROFALO GOERLICH HAINBACH PC

1200 NEW HAMPSHIRE AVENUE NW

WASHINGTON DC 20036 MR BERNARD STANKUS RTS

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OFFICE OF AIRLINE INFORMATION

DOT/R ITA/BTS E

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR CHRISTOPHER SECREST

MR DUANE RICE

VICTORY AIR TRANSPORT

350 SW 34 TH STREET

FORT LAUDERDALE FL 33315 MR WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS

- 900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

MR EDWARD DASILVA

POI FOR VICTORY AIR TRANSPORT

FEDERAL AVIATION ADMINISTRATION

SOUTH FLORIDA FSDO

2895 SW 145 TH AVENUE

SUITE 120

MIRAMAR FL 33027 MR PETER LYNCH AGC

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ASST CHIEF COUNSEL FOR

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MGR FLIGHT STANDARDS DIV

FAA SOUTHERN REGION

P.O. BOX 20636

ATLANTA GA 30320 MS ANNE SUISSA RTS

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OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

REGIONAL COUNSEL

FAA SOUTHERN REGION

P.O. BOX 20636

ATLANTA GA 30320