SILVERBERG 

GOLDMAN& 

B IKO FF, L.L.P. GEORGETOWN PLACE • SUITE 120 • 1101 30TH STREET, NW • WASHINGTON, D.C. 20007 

VoiCE(202)944-3300 • FAcsrMm(202)944-3306 

ATTORNEYS AT LAW 

VL4FEDEX 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building 

Suite 2W1000 

Washington, D.C. 20591 

July 2, 2014 

(Attention: Hearing Docket Clerk, AGC-430) 

Re: In the Matter of Comair, Inc. 

Dear Sir or Madam: 

Docket No. FAA-2014-0318, FAA Case No. 2011 S0271 015 

Docket No. FAA-2014-0319, FAA Case No. 2011S0271013 

" ~~· 

II 

~ 

Enclosed for filing in each of the two above-referenced cases please find an original and 

one copy of the Motion to Dismiss ofComair, Inc. 

Also enclosed is an additional copy of each of the Motions and a pre-addressed, postage 

paid envelope. Please date-stamp the additional copy and return it to our office in the enclosed 

envelope. 

Thank you for your assistance. Please call me at the telephone number listed above if 

you have any questions regarding this matter. 

Very truly yours, 

SILVERBERG, GOLDMAN & BIKOFF, LLP 

Attorneys for 

COMAIR, INC. 
In the matter of 

COMAIR, INC. 

Respondent 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Docket No. FAA-2014-0318 

FAA Case No. 201180271015 

Administrative Law Judge 

J.E. Sullivan 

MOTION TO DISMISS OF COMAIR, INC. 

Pursuant to Rules 209(a) and 218(f)(2)(ii) ofthe Rules of Practice (14 C.F.R. §§ 

13.209(a) and 13.218(f)(2)(ii)), Respondent Comair, Inc. ("Comair") hereby moves to dismiss, 

with prejudice, the Complaint filed against it by the Federal Aviation Administration ("FAA'') in 

the above-captioned matter. 

Comair' s parent shut down the operations of Comair and Comair ceased all revenue 

flight operations on September 29,2012 and no longer exists as a separate corporate entity. 1 By 

letter dated December 17, 2012, Comair notified the FAA that is was voluntarily surrendering its 

Air Carrier Certificate and requested that it be cancelled on December 27, 2012. See Exhibit 1. 

By letter dated December 17, 2012, the FAA accepted the voluntary surrender of Comair's Air 

Carrier Certificate and confirmed that the effective date of the voluntary surrender was 

December 27,2012. See Exhibit 2. 

As stated in FAA Order 2150.3B (FAA Compliance and Enforcement Program) the FAA 

is to "refuse the voluntary surrender of a certificate if it appears the surrender is being attempted 

to avoid certificate action." Order 2150.3B goes on to explain that "before determining whether 

to accept a certificate holder's voluntary surrender of a certificate, FAA investigative personnel 

1 Comair was merged into Delta Air Lines, Inc., effective December 28,2012. 
review actions in the EIS [Enforcement Information System] and other databases showing 

investigative or enforcement activity. Ifthe EIS or any other database reveals that the certificate 

holder is the subject of an enforcement investigation or enforcement action, FAA investigative 

personnel refuse the certificate holder's attempt to voluntarily surrender a certificate and 

continue with an investigation and recommend enforcement action, if appropriate." FAA Order 

2150.3B, Chapter 5, subparagraph 1 O.b., Page 5-14 (Emphasis added.) 

The Notice of Proposed Civil Penalty in this case was issued by the FAA on August 23, 

2011. Thus, Comair was clearly the subject of a FAA enforcement investigation or enforcement 

action when the FAA accepted the voluntary surrender of Comair' s Air Carrier Certificate on 

December 17, 2012. Since the FAA accepted the voluntary surrender of the Comair Air Carrier 

Certificate, and did so without even attempting to reserve the right to pursue this enforcement 

action, it is barred by its own internal rules and policies from prosecuting the Complaint filed 

against Comair in this matter. Further, the action taken by Comair to shut down and to cease air 

carrier operations was part of a corporate decision to reorder the arrangements from whom 

Comair's parent would obtain service from regional air carriers in the future. 

2 
WHEREFORE, for the reasons set forth above, Respondent Comair, Inc. respectfully 

requests the grant of this motion to dismiss, with prejudice, the Complaint filed against it by the 

Federal Aviation Administration in the above-captioned matter. 

Dated: July 2, 2014 

Respectfully submitted, 

SILVERBERG, GOLDMAN & BIKOFF, L.L.P. 

Attorneys for 

COMAIR, INC. 

By: -t~'4-~~~~~~ Robert P. Silverberg, Esq. 

3 

1101 30111 Street, N.W. 

Suite 120 

Washington, D.C. 20007 

Tel: (202) 944-3304 

Fax: (202) 944-3306 

Email: rsilverberg@sgbdc.com 
EXHIBIT 1 
December 17, 2012 

Mr. James A. Wohlhueter 

Principal Operations Inspector 

Comair Certificate Management Unit 

One Oxmoor Place 

101Bullit Lane, Suite 105 

Louisville, KY 40222 

Dear Mr. Wohlhueter, 

Comair, Inc. 

82 Comair Blvd. 

Erlanger, KY 41018 

859.767.2550 

www.comair.com 

This letter serves as notification that Comair, Inc. is voluntarily surrendering its operating 

certificate on December 27, 2012. As you know Comair, Inc. ceased revenue operations on 

September 29, 2012, but has maintained its operating certificate to allow an orderly transfer of 

aircraft back to lease holders or other entities. As of December 01, 2012 all aircraft have been 

removed from Comair's operations specifications. 

I respectfully request that Comair's operating certificate be cancelled on December 27, 2012. 

Sincerely, 

Kenneth B. Baell 

Vice President, Aircraft Operations 

Comair, Inc. 

(859) 980-7534 
EXHIBIT2 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

December 17,2012 

CERTIFIED Return Receipt 

Mr. Kenneth B. Baell 

Vice President, Aircraft Operations 

Comair Inc. 

82 Comair Blvd. 

Erlanger, KY 41018 

Dear Mr. Baell: 

A TL CMO, S0-65 

Comair certificate Management Unit 

One Oxmoor Place 

101 Bull itt Lane, Suite 105 

Louisville, KY 40222 

We are in receipt of your letter informing us of the voluntary surrender of 

COMA005B Air Carrier Certificate. 

We will archive the Operations Specifications immediately. 

The effective date of the surrender of the Air Carrier Certificate is 

December 27, 2012. 

Sincerely, 

-C., z· Tony T. Campbell 

Manager ATL-CMO 65 
CERTIFICATE OF SERVICE 

I hereby certify that on this 2nd day of July 2014, I caused the foregoing Motion to 

Dismiss of Comair, Inc. to be served upon the following: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building 

Suite 2W1000 

Washington, D.C. 20591 

(Attention: Hearing Docket Clerk, AGC-430) 

Tel: (202) 385-8227 

(original and one copy by FedEx overnight delivery) 

The Hon. J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, D.C. 20590 

Tel: (202) 366-2132 

Fax: (202) 366-7536 

(one copy by facsimile and First Class Mail) 

Christopher R. Stevenson, Attorney 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

1701 Columbia Avenue 

College Park, GA 30337 

Tel: (404) 305-5200 

Fax: ( 404) 305-5223 

(one copy by facsimile and First Class Mail)