Order 2011-3-23

Served: March 17, 2011

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation

on the 17th day of March, 2011

In the matter of the revocation of the commuter 

authority issued to

PARTNER AVIATION ENTERPRISES

 d/b/a Empire Airways

pursuant to the provisions of 14 CFR 204.7

Docket DOT-OST-2006-24223

ORDER REVOKING COMMUTER AIR CARRIER AUTHORIZATION

Summary 

By this order, we revoke the commuter air carrier authorization issued to Partner Aviation 

Enterprises d/b/a Empire Airways (“PAE”), for reason of dormancy. 

Background

By Order 2006-9-12, issued September 14, 2006, the Department found PAE fit to engage in 

scheduled passenger air transportation as a commuter air carrier. PAE ceased its commuter air 

carrier operations on or about September 28, 2009. 

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

carrier ceases air transportation 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 carrier does not 

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

its economic authority will be revoked for dormancy. 

By letter dated October 29, 2009, the Department advised PAE that, pursuant to section 204.7, its 

authority was suspended and the air carrier could not resume air transportation operations as a 

commuter air carrier until the Department had redetermined it fitness to do so. In that letter, we 

further stated that if PAE did not resume operations within one year of its cessation, that is by 

September 28, 2010, the company’s commuter authority would be revoked for dormancy. That date 

has passed and we have heard nothing from the air carrier. 

Thus, under these circumstances, and in accordance with section 204.7 of our rules, we find it 

appropriate to revoke PAE’s commuter air carrier authorization for reason of dormancy. This action 

is without prejudice to the company’s filing for new authority in the future.
2

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

14 CFR 385.12:

1. We revoke the commuter air carrier authorization issued to Partner Aviation Enterprises d/b/a 

Empire Airways, issued by Order 2006-9-12 authorizing it to engage in scheduled passenger 

operations as a commuter air carrier. 

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 14 CFR 385.30, may 

file their petitions within 10 days of the service date of this order. 

This order is effective immediately and 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
Attachment A

SERVICE LIST FOR PARTNER AVIATION ENTERPRISES 

D/B/A EMPIRE AIRWAYS

MR JOHN ZAREMBA

PARTNER AVIATION ENTERPRISES

HANGAR 3

ROUTE 109

REPUBLIC AIRPORT

FARMINGDALE NY 11735

WILLIAM J WEBER 

CERTIFICATION SECTION MGR

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

MR ANTHONY MAURO

PRINCIPAL OPERATIONS INSPECTOR

FAA

REPUBLIC AIRPORT

FARMINGDALE NY 11735

MR PETER LYNCH

ASST CHIEF COUNSEL 

FOR ENFORCEMENT AGC-300 FAA

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

FAA REGIONAL COUNSEL

EASTERN REGION HDQ

1 AVIATION PLAZA

JAMAICA NY 11434-4809

BERNARD STANKUS RTW-42

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590

FAA REGIONAL MANAGER 

EASTERN REGION HDQ

1 AVIATION PLAZA

JAMAICA NY 11434-4809

ANNE SUISSA, RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590