Order 2010

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Served: November 18, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 18 th day of November , 20 1 0

In the matter of the revocation of the interstate certificate

iss ued to

PACE AIRLINES , INC.

d/b/a ALLSTAR AIRLINES

in accordance with section 204.7 of the Department’s

Regulations Docket DOT

- OST

- 2002

- 11335

ORDER REVOKING INTERSTATE CERTIFICATE

Summary

By this order, we revoke the interstate charter a ir transportation certificate issued to

PACE Airlines , Inc. d/b/a Allstar Airlines (“ PACE ”)

, for reason of dormancy

.

Background

By Order 200 2

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- 17 , issued January 31, 200 2

, the Department issued PACE effective certificates

of public convenience and n ecessity authorizing it to engage in interstate and foreign charter air

transportation of persons, property and mail. PACE operated under its authority until September

16, 2009 , at which time it ceased operations.

Section 204.7 of the Department’s Avia tion 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 Septe mber 16, 2009 , the Department informed PACE 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 furth er

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

September 16, 2010 , the company’s authority would be revoked for dormancy. PACE has not

indicated its desire to resume operations.2

Under these circumstances, and in accordance with section 204.7 of our rules, we revoke the

interstate charter air transportation certificate issued to PACE by Order 200 2

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. 1

ACCORDINGLY, Acting under authority assigned by the Department in its Regulations,

14 CFR 385.12:

1. We r evoke the certificate of public convenience and necessity issued by Order 200 2

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- 17 to

PACE Airlines , Inc. d/b/a Allstar Airlines , authorizing it to conduct interstate charter air

transportation of persons, property and mail

. 2

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 the Department’s

Regulations, 14 CFR 385.30, may file their petitions within 10 days of the service date of this

order.

The ac tion taken in this order shall be 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 W orld Wide Web at

http:// www.regulations .gov

1 Our action here is without prejudice to the company’s filing for new certificate authority in the future.

2 By this order, we revoke only PACE ’s interstate certificate. Revoc ation of PACE ’s foreign air

transportation 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 PACE AIRLINES, INC. D/B/A ALLSTAR AIRLINES

MS SHERYL R ISRAEL

COUNSEL FOR PACE AIR LINES INC

HOGAN & HARTSON LLP

555 13 TH STREET NW

WASHINGTON DC 20004 MR PETER LYNCH

ASST CHIEF COUNSEL FOR E NFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW(AGC

- 300)

WASHINGTON DC 20591

DARRELL RICHARDSON

PRESIDENT

4001 NORTH LIBERTY STREET

WINSTON SALEM NC 27105

POI FOR PACE AIRLINES INC

TONY W BERNHARDT

FEDERAL AVIATION

ADMINISTRATION

FSD O EA

- 39

6433 BRYAN BOULEVARD

GREENSBORO NC 27409 MR CLAY MORITZ

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

- 36 (RTS

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FEDERAL AVIATION ADMINISTRATION

45005 AVI ATION DRIVE

SUITE 131 (AFS

- 900)

DULLES VA 20166

FLIGHT STANDARDS REG IONAL

MANAGER

FEDERAL AVIATION

ADMINISTRATION

SOUTHERN REGION

PO BOX 20636

ATLANTA GA 30320 REGIONAL COUNSEL

FEDERAL AVIATION

ADMINISTRATION

SOUTHERN REGION

1701 COLUMBIA AVENUE

SU ITE 530

COLLEGE PARK GA 303 37

MR BERNARD STANKUS

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

- 34 (RTS

- 42)

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590