Order 2013

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Served: March 1 , 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 1 st day of March , 2013

Application of

AIR TRANSPORT INTERNATIONA L

L IMITED LIABILITY COMPANY

for a disclaimer of jurisdiction and reissuance of

certificat e s of public convenience and necessity Docket DOT

- OST

- 2012

- 0133

ORDER REISSUING CERTIFICATES

On August 7, 2012, Air Transport International L imited L iability C ompany (“ATI”) filed an application in Docket DOT

- OST

- 2012

- 0133 requesting that t he Department disclaim jurisdiction over the transfer of its operating authorities to a newly formed corporation based in Delaware

, Air Transport International, Inc. , and that the Department reissue its certificates in the new name of the company. ATI operates under four separate certificates of public convenience and necessity: (1) an interstate schedule certificate; 1 (2) a n interstate charter certificate; (3) a foreign charter certificate; and (4) a blanket open

- skies all

- cargo certificate. 2

On August 31, 2012, the Department oral ly approved the air carrier ’s request for a disclaimer of jurisdiction and subsequently issued an order confirming our oral action and reissu ing the air

carrier’s interstate scheduled certificate authority and its blanket open

- skies all cargo certificate authority in its new corporate name

. 3 W e did not reissue ATI’s interstate or foreign charter certificates because we found the authority granted by these certificates was duplicative o f authority contained in ATI ’s interstate scheduled certificate authority since its interstate scheduled certificate authority also confers worldwide charter authority

.

On February 8, 2013, ATI request ed that the Department also reissue its interstate and foreign

charter certificate authority in the new name of the company. ATI does not dispute the redundancy of the authority contained in its interstate and foreign charter certificates, although it contends the separate certificates provides it with certain administrative conveniences when providing air transportation in foreign countries

.

1 ATI’s authority to conduct scheduled passenger flight operations is not yet effective.

2 By Order 94

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- 6, ATI also was previously issued 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.

See Order 94

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- 6. However, t his author ity has since bee n superseded by its blanket

- open skies cer tificate

. 3 See Order 2013

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- 1 , issued February 1, 2013.2

ACCORDINGLY

,

1

. We reissue in the name Air Transport Interna tional, Inc.

, the certificates of public convenience and necessity issued to Air Transport International Limited Liability Company by

Order 94

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- 34 authorizing the holder to engage i n interstate and foreign charter air transportation of persons, property, and mail.

2

. 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

# Certificate of Public Convenience and Necessity for

Interstate Charter 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 charter air transportation of per

sons, 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

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- 2 Todd M. Homan

On March 1 , 2013 Director Effective on August 31, 2012 Office of Aviation Analysis

### Attachment

 

### As reissued by Order 2013

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### Terms, Conditions, and Limitations

Air Transport International, Inc.

is authorized to engage in interstate charter 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 au thority 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 Fed eral 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 co verage 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 provisi ons 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 holder is not authorized to engage in air transportation operations between points

within the State o

f Alaska.

(6) 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.

 This certificate is being reissued to reflect the transfer of the authority contained herein from Ai r 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 it s 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.2

(7) 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 all certificates held shall be suspended under the terms of 14 CFR 204.7 and the holder may neither recommence nor advertise such operations u nless 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 for

Foreign Charter Air Transportation

(as reissued)



# 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 charter air transportation of persons, property, and mail.

This Certificate is not transferable without the approval of the Department of Transportati on.

By Direction of the Secretary



### Issued by Order 2013

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- 2 Todd M. Homan

On March 1 , 2013 Director Effective on August 31, 2012 Office of Aviation Analysis

### Attachment

 

### As reissued by Order 2013

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### Terms, Conditions, and Limitations

Air Transport International, Inc.

is authorized to engage in foreign charter air transportation of persons, property, and mail:

Between any place in the United States and any place outside thereof.

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 shall at all times conduct its operations in accordance with all treaties and

a greements 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 or for the purpose of requiring compliance with

them.

(3) 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.

(4) The holder's authority un der 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

.  

(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 insura nce 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.

(7) S hould 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.

 This certificate is being reissued to r eflect 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

commenci ng 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 ad equate to allow such airport(s) to be served.2

(8) 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 re determined by the Department. Moreover, if the holder does not resume operations within one year of its cessation, its authority shall be revoked for dormancy.Att achmen t A

SERVICE LIST FOR

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 30 TH 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

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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