Order 2011

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Served: March 17 , 2011

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D C

Issued by the Department of Transportation

on the 17 th day of March

, 2011

In the matter of the revocation of the commuter

authority issued to

PARTNER AVIATION ENTERPRISES

d/b/a Empire Airways

p ursuant to the provisions of 14 CFR 204.7 D ocket DOT

- OST

- 2006

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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

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- 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 i ts fitness to do so has been

re determined by the Department. Section 204.7 further provides that, if a n air carrier does not

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

its economic authority will be revoke d for dormancy

.

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

authority was suspende d 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 r ules, we find it

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

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

ACCORDINGLY , p ursuant to authority assigned by the Departm ent 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 2 006

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- 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 o rder is effective immediately and a petition for review shall not alter its effec tiveness.

By:

TO D D M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at

http:// www.regulations .govAttachment 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

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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

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OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

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1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590

FAA REGIONAL MANAGER

EASTERN REGION HDQ

1 AVIATION PLAZA

JAMAICA NY 11434

- 4809

ANNE SUISSA, RTS

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OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

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1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590