Order 2010

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Served: February 19, 2010

Issued by the Department of Transportation

on the 19 th day of February, 2010

In the matter of the revocation of the interstate certificate

auth ority issued to

PRIMARIS AIRLINES, INC.

Pursuant to the provisions of 14 CFR 204.7 Docket DOT

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- 14773

ORDER REVOKING INTERSTATE S CHEDULED AUTHORITY

Summary

By this order

, we revoke the interstate certificate issued to Primaris Airlines, Inc. (“Primaris”)

, authorizing it to engage in interstate scheduled air transportation of persons, property, and mail.

Background

By O rder 200 4

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- 8 , served July 16, 2004 , the Department issued to Primaris c ertificates of public convenience and necessity authorizing it to engage in interstate and foreign scheduled air transportation of persons, property

, and mail.

Primaris operated under its certificate authority until December 1, 2008

. Section 204.7 of the Department’s Economic 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 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 certificate authority will be revoked for dormancy.

By letter dated December 3 , 2008, the Dep artment advised Primaris that, pursuant to section 204.7, its authority was suspended and the air carrier could not resume air transportation operations until the Department had redetermined it fitness to do so. In that letter, we further

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

December 1 , 2009, the company’s authority would be revoked for dormancy.

On May 6, 2009

, the Department received a copy of a letter from the Federal Aviation Administration (“FA A”) to Primaris , stating that the United States Bankruptcy Court for the District of Arizona, informed FAA that Primaris had been converted from Chapter

U N I T E D S

T A T E S O F A

M E R I C A D E P A R T M E N T O F T R A N S P O R T A T

I O N UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.2

11 bankruptcy to Chapter 7, effective March 30, 2009. In that letter, the FAA requested

Primaris to vo luntarily surrender its Air Carrier Certificate BEFA496K.

More than a year has elapsed and Primaris has not filed an ap plication to resume operations. Under these circumstances, and in accordance with section 204.7 of our rules, we revoke the

interstate certificate authority issued to Primaris on July 16, 2004

, by Order 2004

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

ACCORDINGLY , Pursuant to authority assigned by the Department in its reg ulations,

14 CFR 385.12:

1. We revoke the certificate of public convenience and necessity issued to Primaris Airlines, Inc.

, by Order 2004

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- 8 , authorizing it to engage in interstate scheduled air transportation of persons, property

, and mail. 1

2. We wil l 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 th e service date of thi s 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 available on the World Wide W eb at: http://www.regulations.gov

1 By this order, we revoke only Primaris’ interstate certificate. Revocation of its 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 PRIMARIS AIRLINES, INC.

MR ADAM B NACH ESQ

ATTORNEY FOR US TRUSTEE BRIAN J

MULLEN

LANE & NACH PC

2025 NORTH THIRD STREET

THE BROOKSTONE SUITE 1 57

PHEONIX AZ 85004 MR PETER LYNCH

ASST CHIEF COUNSEL F OR

ENFORCEMENT AGC

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FEDERAL AVIATION ADM INISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MR JOEL F NEWELL ESQ

ATTOENY FOR PRIMARIS AIRLINES INC

CARMICHAEL & POWELL PC

7301 N 16 TH STREE T SUITE 103

PHOENIX AZ 85020 MR BERNARD STANKUS , 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

MR DAVID LUCHER

POI FOR PRIMARIS AIRLINES INC

LAS VEGAS FSDO

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7181 AMIGO STREET SUITE 180

LAS VEGAS NV 89119 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

MR CLAY MORITZ, RTS

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OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590 MR WILLIAM J WEBE R

CERTIFICATION SECTION MANAGER

FAA AFS

- 900
45005 AVIATION DRIVE, SUITE 131

DULLES VA 20166