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Boston-Maine Airways Corp.

http://www.bmairways.com/

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

April 25, 2003

OST-00-7668 - Interstate Large-Aircraft Operations

Response of Air Line Pilots Association

For the reasons set forth below, ALPA opposes BMAC's request to expand its large-aircraft authority and urges the Department to deny it. When it originally sought authority to operate large-aircraft, BMAC repeatedly represented to the Department that it intended initially to operate only one B-727. The Orders granting such authority specifically restricted BMAC to that one aircraft, and expressed substantial doubt that its current management team had the necessary experience to operate more than a single large aircraft. So far, the carrier has not even obtained FAA approval to commence operating any large aircraft. Nor has it taken any action to strengthen its management team to remove the Department's doubts concerning its fitness. In these circumstances, the Department should adhere to the one-aircraft restriction contained in its prior Orders.

Counsel: Jerry Anker, 202-797-4087

April 28, 2003

OST-03-14985 - Certificate of Public Convenience - Foreign Large Aircraft Operations

Response of Air Line Pilots Association in Opposition to Application of Boston-Maine Airways for a Certificate Authorizing Foreign Large-Aircraft Operations

Respectfully files this response in opposition to the application of Boston-Maine Airways Corp. for a certificate of public convenience and necessity authorizing it to perform foreign air transportation utilizing large aircraft. In order to obtain such authority, BMAC must first persuade the Department to lift the limitation it imposed when it granted the carrier large-aircraft authority for its interstate operations, which restricts the carrier to operating only one large aircraft.

Counsel: ALPA, Jerry Anker

May 6, 2003

OST-00-7668 - Interstate Large-Aircraft Operations

Reply of Boston-Maine Airways and Motion for Leave to File an Otherwise Unauthorized Document

Boston-Maine Airways Corp., d/b/a Pan Am Clipper Connection hereby submits this Reply, with an included Motion for leave to file an otherwise unauthorized document, in response to the Answer of the Air Line Pilots Association , filed on April 25, 2003 in response to BMAC's Supplement No. 6, filed April 18, 2003 in the captioned proceeding.

BMAC submits that ALPA is seeking relief for its basic labor complaint in the wrong forum against the wrong party, and that ALPA's argument that BMAC is unfit to operate large aircraft is patently specious. BMAC urges the Department to again reject ALPA's repeated and transparently baseless opposition to BMAC's application for authority to operate large aircraft.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919

May 7, 2003

OST-03-14985 - Certificate of Public Convenience - Foreign Large-Aircraft Operations

Reply of Boston-Maine Airways

For the reasons discussed below, BMAC submits that ALPA is seeking relief for its basic labor complaint in the wrong forum against the wrong party, and that ALPA's argument that BMAC is unfit to operate large aircraft is patently specious. BMAC urges the Department to again reject ALPA's repeated and transparently baseless opposition to BMAC's applications for authority to operate large aircraft.

Counsel: Zuckert Scoutt, Nathaniel Breed

July 9, 2003

OST-00-7668 - Certificate - Interstate Large-Aircraft Operations
OST-03-14985 - Certificate - Foreign Large-Aircraft Operations

Request for Additional Information

I am currently reviewing Supplement 6 to Boston-Maine's application in Docket OST-00-7668 (for interstate scheduled authority using large aircraft) and its application in Docket OST-03-14985 (for foreign scheduled authority using large aircraft), both filed April 18, 2003. As you know, while the Department's rules require that companies seeking both interstate and foreign certificate authority file separate applications, we do not evaluate these applications in a vacuum. Rather, we consider the fitness of the applicant to conduct all of the operations proposed in making our decision as to whether the requested certificate authority should be granted. In addition, since Boston-Maine has not yet had the single large aircraft authority previously granted made effective, our review of the carrier's fitness for the amended interstate and new foreign certificate authority it now seeks must also include these operations.

Therefore, we ask that Boston-Maine submit revised Exhibits BMA-S/6-1, BMA-S/6-2 (pages 1 and 3), BMA-S/6-3, BMA-S/6-4, and BMA-S/6-7 in Docket OST-00-7668, and revised Exhibits BMA-101 (pages 2 and 3), BMA-102, BMA-103, and BMA-106 in Docket OST-03-14985. These revised exhibits should reflect consolidated data for all of the large aircraft operations Boston-Maine intends to operate, both domestically and in foreign operations. In addition, so that our decision on Boston-Maine's requests may be based on the most recent information available, we ask that Boston-Maine provide updated information in support of its financial fitness. Specifically, Boston-Maine is requested to supply a detailed profit and loss statement reflecting its operations during the 12-months ended June 30, 2003, and a balance sheet as of that same date.

By: Janet Davis

July 10, 2003

OST-03-14985 - Certificate - Interstate Large-Aircraft Operations
OST-00-7668 - Certificate - Foreign Large-Aircraft Operations

Response of Air Carrier Fitness Division

We specifically ask that Boston-Maine elaborate on the reasons it believes that its current management team should be deemed capable of overseeing not only its on-going small aircraft operations, but also the seven large aircraft as well. As noted in my July 9 letter, we expect Boston-Maine to supply any supporting documentation, including resumes of any individuals hired to expand its large aircraft management capabilities, as well as any experience in large aircraft operations that has been gained by its previously identified team members since the date of Order 2002-12-20 (that is, December 27, 2002).

By: Janet A. Davis, 202-366-9721

July 17, 2003

OST-03-14985 - Foreign Large-Aircraft Operations

Supplement No. 1 to Application for Amended Certificate Authority

Requests the Department to issue a new Certificate of Public Convenience and Necessity authorizing BMAC to provide foreign air transportation of persons, property and mail, utilizing both small and large aircraft, as requested in this application.

Exhibit BMA-S/1-1: First-Year Projected Traffic, Revenue and Expenses
Exhibit BMA-S/1-2: First-Year Projected Operating Statistics
Exhibit BMA-S/1-3: Projected Preoperating Expenses
Exhibit BMA-S/1-4: Financial Fitness Calculation
Exhibit BMA-S/1-5: Profit and Loss Statement for 12 Months Ended 6/30/03
Exhibit BMA-S/1-6: Balance Sheet as of 6/30/03
Exhibit BMA-S/1-7: Third-Party Verfication of Working Capital

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

July 17, 2003

OST-00-7668 - Interstate Large-Aircraft Operations

Supplement No. 7 to Application for Amended Certificate Authority

Hereby submits this Supplement No. 7 to the captioned application for the purpose of furnishing certain combined first-year projection information and updated fitness evidence pertaining to the revised plan of BMAC to operate additional interstate scheduled services beyond the scope of service proposed in BMAC's initial certificate amendment application filed on August 27, 2002 in the referenced Docket.

Exhibit BMA-S/7-1: Comined First-Year Interstate and Foreign B-727-200 Flight Schedule
Exhibit BMA-S/7-2: First-Year Traffic, Revenue and Expense Projection
Exhibit BMA-S/7-3: First-Year Projected Operating Statistics
Exhibit BMA-S/7-4: Projected Preoperating Expenses
Exhibit BMA-S/7-5: Financial Fitness Test Calculation
Exhibit BMA-S/7-6: BMAC Proft and Loss Statement
Exhibit BMA-S/7-7: BMAC Balance Sheet
Exhibit BMA-S/7-8: Third-Party Verification
Exhibit BMA-S/7-9: First-Year Traffic, Revenue, Expense and Cash-Flow Projections - Combined
Exhibit BMA-S/7-10: First-Year Projected Operating Statistics - Combined
Exhibit BMA-S/7-11: Projected Preoperating Expenses - Combined
Exhibit BMA-S/7-12: Financial Fitness Calucations
Exhibit BMA-S/7-13: New and Updated Management Resumes
Exhibit BMA-S/7-14: Title 18 Certification

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-03-14985 - Certificate - Interstate Large-Aircraft Operations
OST-00-7668 - Certificate - Foreign Large-Aircraft Operations

July 29, 2003

Re: Information Request

With respect to the operations proposed in the Manchester-Orlando, Manchester-Myrtle Beach, and Myrtle Beach-Orlando markets, please explain why some of the flights in these markets are listed on your timetable (BMA-S/7-1) as scheduled service, while others are listed as charter service. Will the scheduled services be operated as Boston-Maine? Will the charter services be operated on behalf of a tour operator or another air carrier, or will they be direct sales charters? How do the flights listed in the noted markets relate to the operations recently announced by Pan Am (see enclosure) which appear will be operated on the same days of the week as the Boston-Maine flights?

By: Janet Davis, Air Carrier Fitness

August 8, 2003

OST-00-7668 - Certificate - Foreign Large-Aircraft Operations

Supplement No. 8 to Application for Amended Certificate Authority

BMAC plans to operate a pattern of twice-weekly nonstop scheduled flights in the Manchester-Orlando market, and a mix of nonstop and one-stop charter flights four days a week in the Manchester-Myrtle Beach-Orlando markets. The charter flights serving Myrtle Beach will be operated on a seasonal basis and will be available for individual and group travel as Public Charters, operated in conformity with Part 380 of the Department's Regulations, and marketed and sold by BMAC and various Charter Operators.

Exhibit No. BMA-S/8-1: Resume and Fitness Questionnaire for William Moore
Exhibit No. BMA-S/8-2: Resume and Fitness Questionnaire for Frank Doglione
Exhibit No. BMA-S/8-3: Title 18 Certification of John Nadolny

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

August 8, 2003

OST-03-14985 - Certificate - Interstate Large-Aircraft Operations

Supplement No. 2 to Application

The sole purpose of this Supplement No. 2 is to furnish certain additional information in response to the request of the Department's Fitness Division as set forth in a letter to counsel for BMAC dated July 29, 2003. Concurrently herewith, BMAC is filing a Supplement No. 8 to its application for interstate large aircraft authority in Docket OST-00-7668. That filing contains BMAC's responses to each of the requests for information contained in the July 29' letter from the Fitness Division, together with information pertaining to two recently-hired operations management personnel. The information requested, and the fitness review at issue, are identically applicable to both BMAC's interstate and foreign large aircraft applications.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-00-7668 - Certificate of Public Convenience for Interstate
OST-03-14985 - Foreign Certificate of Public Convenience

September 30, 2003

Re: Request for Additional Information

According to the Federal Aviation Administration (FAA), Boston-Maine's current Pre-application Statement of Intent shows its intent to add only one Boeing 727 (B-727) airplane. Has Boston-Maine requested FAA approval to operate a total of seven B-727 airplanes in domestic and foreign operations? If so, please provide a copy of the amended request, including the date that Boston-Maine submitted this request. If not, please indicate when Boston-Maine intends to submit its request and explain why Boston-Maine has not yet submitted it to FAA.

As we noted in our July 29, 2003, letter, several of Boston-Maine's senior management and technical personnel appear to have joined the company prior to its April 18, 2003, filings, yet Boston-Maine did not note these changes in those filings. In response to our questions regarding this matter, Boston-Maine stated that its failure to mention these changes was "an inadvertent oversight attributable to its primary focus on [its] first-year plan and related traffic, revenue, and expense projections in that [April 18] filing." We find this oversight troubling in that Boston-Maine was on notice through our discussion in Order 2002-12-20 that we had serious concerns regarding its managerial capabilities. Further, not only did Boston-Maine fail to advise us of changes it its management staff, but it specifically told us that no such changes had occurred. This "inadvertent oversight" by itself, therefore, raises additional concerns about Boston-Maine's managerial capabilities. Therefore, please identify the individual who was responsible for the portion of Boston-Maine's April 18, 2003, filing that dealt with its management and technical personnel and explain in detail why this individual did not know of the changes or did not believe it was necessary to advise us of them.

By: Air Carrier Fitness, Vanessa Wilkins

OST-00-7668 - Interstate Large Aircraft Operations

October 3, 2003

Supplement No. 9 for Amended Certificate Authority

At the outset, however, BMAC is compelled to note its serious frustration with the extremely slow processing of its application for large-aircraft authority, which BMAC is manifestly fit to hold, and to exercise safely, responsibly and in compliance with the requirements of the law. The relief at issue was requested, and fully documented, in a filing by BMAC on April 18, 2003. More than five months have now elapsed without substantive action on BMAC's application. That delay is utterly inconsistent with the spirit of airline economic deregulation and open market entry enacted by Congress twenty-five years ago in October 1978.

BMA-S/9-1: Resume and Fitness Questionnaire for David Mailhot
BMA-S/9-2: Vice President Airline Operations and Manager of Flight Operations Dueites and Required Qualifications
BMA-S/9-3: Updated Operating Management Chart
BMA-S/9-4: Title 18 Certification of John Nadolny

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-03-14985 - Foreign Large Aircraft Operations

October 3, 2003

Supplement No. 3 to Application

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-00-7668 - Certificate of Public Convenience for Interstate
OST-03-14985 - Foreign Certificate of Public Convenience

October 21, 2003

Correspondence from Office of Aviation Analysis

Correspondence from Office of Aviation Analysis informing Boston-Maine Airways that until FAA has authorized it to operate with any large aircraft, the Deparment will not be able to make its currrent interstate certificate effective for large aircraft operations. It may, at that time renew its requests for additional large aircraft authority.

By: Patricia Thomas

OST-96-1960 - Family Assistance Plans

March 11, 2004

Re: Amended Family Assistance Plan

By: John Nadolny

OST-03-14985 - Certificate of Public Convenience and Necessity - Foreign Large Aircraft Operations

May 20, 2004

Supplement No. 4 to Application

The purpose of this Supplement No. 4 is to furnish certain updated fitness information in anticipation of imminent final action by the Department on BMAC's pending applications for authority to operate large aircraft in this proceeding and a concurrent related proceeding in Docket OST‑00‑7668.

Concurrently herewith, BMAC is filing a Supplement No. 10 to its application for interstate large aircraft authority in Docket OST‑00‑7668. That filing contains BMAC's submission of updated fitness information and exhibits relevant to the fitness‑determination issue involved in BMAC's application for authority to operate large aircraft. The foregoing information and exhibits, and the fitness review at issue, are identically applicable to both of BMAC's interstate and foreign large aircraft applications.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-00-7668 - Certificate of Public Convenience for Interstate - Feeder Service for Pan Am

May 20, 2004

Supplement No. 10 to Application

BMAC expects to be issued amended Part 121 Operations Specifications by the Federal Aviation Administration authorizing BMAC to operate B-727-200 aircraft, on or about June 25, 2004. BMAC has successfully completed the training of its initial cadre of pilots, flight engineers and flight attendants, as well as the required emergency evacuation and ditching demonstrations, all under the oversight of the FAA. A copy of relevant excerpts from BMAC's amended Operations Specifications will be filed with the Department upo their receipt by BMAC.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-03-14985 - Certificate of Public Convenience and Necessity - Foreign Large Aircraft Operations

June 17, 2004

Supplement No. 5 to Application

The purpose of this Supplement No. 5 is to furnish certain updated fitness information in anticipation of imminent final action by the Department on BMAC's pending applications for authority to operate large aircraft in this proceeding and a concurrent related proceeding in Docket OST‑00‑7668.

Concurrently herewith, BMAC is filing a Supplement No. 11 to its application for interstate large aircraft authority in Docket OST-00-7668. That filing contains BMAC's submission of certain additional updated fitness information and exhibits relevant to the fitness-determination issue involved in BMAC's application for authority to operate large aircraft. The foregoing information and exhibits, and the fitness review at issue, are identically applicable to both of BMAC's interstate and foreign large aircraft applications.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations
OST-03-14985 - Certificate of Public Convenience and Necessity - Foreign Large Aircraft Operations

June 17, 2004

Re: Updated Status and Anticipated Timing of Pending Application to the FAA

BMAC is now in the final stage of its FAA Part 121 application process. BMAC's FAA "tabletop exercises" have gone very well and are expected to be completed today. BMAC's B727 proving runs will begin on Monday, June 21, 2004, and will continue through that week. BMAC anticipates that the FAA will issue amended Operations Specifications to BMAC authorizing operations with its first B‑727‑200 aircraft on Monday, June 28, 2004.

BMAC hereby renews its requests submitted in the referenced Dockets in Supplement No. 10, filed on Monday May 20, 2004, and in Supplement No. 11, filed concurrently today, requesting the Department to take oral or written action issuing effective amended certificate authority to BMAC to begin revenue operations with its first B‑727‑200 aircraft, effective immediately following issuance of amended FAA Operations Specifications to BMAC.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

June 17, 2004

Supplement No. 11 to Application

Submits this Supplement No. 11 to the captioned application for the purpose of furnishing certain additional updated fitness information and exhibits, in response to a request by the Department's Fitness Division on June 14, 2004, and in compliance with Condition (2) of the specimen Certificate attached to Final Order 2003-2-24, served on February 28, 2003. Supplement No. 11 is hereby submitted in support of BMAC's request for expedited final action by the Department on BMAC's pending applications for authority to operate large aircraft in interstate services in this proceeding, and in foreign air transportation in Docket OST-03-14985.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations
OST-03-14985 - Certificate of Public Convenience and Necessity - Foreign Large Aircraft Operations

June 14, 2004

Re: Request for Updated Information

We need updated forecast income and expense projections for BM (for domestic operations, foreign operations, and combined operations). The most recent information we have on file is dated July 2003.

By: Vanessa Wilkins

June 22, 2004

Re: Request for Additional Information

Boston-Maine's March 31, 2004, balance sheet filed on May 20, 2004, as an exhibit to Supplement 10 does not balance. Please submit a revised balance sheet.

Provide a statement from the responsible Boston‑Maine official stating whether there have been any events that have occurred after the preparation of the company's March 31, 2004, balance sheet that may have a significant impact on the financial position or on the operations of Boston‑Maine.

Provide current verification (within 45 days of this letter) of Boston‑Maine's funds on deposit from the company's financial institution(s).

Provide a more current 12‑month income statement for Boston‑Maine (for a period ending no earlier than March 31, 2004). Alternatively, the carrier may provided an income statement beginning January 1, 2004, through a date not earlier than March 31, 2004.

By: Vanessa Wilkins

June 24, 2004

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

Supplement No. 12 for Amended Certificate Authority

Boston-Maine Airways Corp., d/b/a Pan Am Clipper Connection hereby submits this Supplement No. 12 to the captioned application for the purpose of furnishing certain additional updated fitness information and exhibits, in response to a further request by the Department’s Fitness Division on June 22, 2004, and in compliance with Condition (2) of the specimen Certificate attached to Final Order 2003-2-24, served on February 28, 2003. Supplement No. 12 is hereby submitted in support of BMAC’s request for expedited final action by the Department on BMAC’s pending applications for authority to operate large aircraft in interstate services in this proceeding, and in foreign air transportation in Docket OST-03-14985.

Operating Revenues:

Total Operating Revenue 985,920

Operating Expenses:

Total Operating Expense 2,968,200

Net Income (Loss) (1,982,280)

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-03-14985 - Certificate of Public Convenience and Necessity - Foreign Large Aircraft Operation

June 24, 2004

Supplement No. 6

The purpose of this Supplement No. 6 is to furnish certain updated fitness information in anticipation of imminent final action by the Department on BMAC's pending applications for authority to operate large aircraft in this proceeding and a concurrent related proceeding in Docket OST‑00‑7668.

Concurrently herewith, BMAC is filing a Supplement No. 12 to its application for interstate large aircraft authority in Docket OST-00-7668. That filing contains BMAC's submission of certain additional updated fitness information and exhibits relevant to the fitness-determination issue involved in BMAC's application for authority to operate large aircraft. The foregoing information and exhibits, and the fitness review at issue, are identically applicable to both of BMAC's interstate and foreign large aircraft applications.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations
OST-03-14985 - Certificate of Public Convenience and Necessity - Foreign Large Aircraft Operations

July 16, 2004

Re: Request for Immediate Issuance of Order Issuing Effective Certificates of Public Convenience and Necessity

Enclosed herewith is a copy of Air Carrier Certificate No. B 16A009J, reissued December 18, 2001, and Sections A-1, A-3, A-6, A-7, B-50 and C-70 from the revised Operations Specifications related to that Certificate, issued to Boston-Maine Airways Corp. d/b/a Pan Am Clipper Connection by the Federal Aviation Administration on July 15, 2004.

BMAC has previously filed, in Supplement No. 10, filed May 20,2004, Supplement No. 11, filed June 17, 2004, and Supplement No. 12, filed June 24, 2004, all of the updated fitness information and other documents specified in Condition (2) of the specimen Certificate attached to Final Order 2003-2-24, served February 28, 2003. There have been no material changes in the fitness information filed by BMAC subsequent to June 24, 2004.

Accordingly, BMAC hereby requests issuance of an Order Issuing Effective Certificates of Public Convenience and Necessity to BMAC, or equivalent verbal authority, effective immediately, without awaiting the passage of six business days following submission of the enclosed Part 121 Certificate and Operations Specifications.

Counsel: Zuckert Scoutt, Nathaniel Breed, Jr., 202-298-8660

Order 04-08-21
OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

Issued and Served August 18, 2004

Order Confirming Oral Action and Reissuing Interstate Certificate | Word

By this order, we (1) confirm our oral action of July 16, 2004, making the authority of Boston-Maine Airways Corp. d/b/a Pan Am Clipper Connection to operate large aircraft in interstate scheduled air transportation effective on that date, (2) reissue the carrier’s interstate scheduled passenger certificate to reflect the effective date of this authority, and (3) authorize the carrier to operate up to three large aircraft in its interstate service.

By: Randall Bennett

OST-04-19919 - Exemption - St. Kitts and Nevis Scheduled Service

December 15, 2004

Application for Grant of an Exemption

BMAC plans to commence scheduled passenger service between Ft. Lauderdale (FLL), on the one hand, and St. Kitts, on the other hand, on or about January 20, 2005. This new business opportunity has been developed by BMAC during the pendency of its Application in Docket OST-03-14985 in cooperation with representatives of the tourism industry in St. Kills. BMAC's initial service will be provided two days a week on Wednesdays and Sundays at an initial frequency of one roundtrip nonstop flight each day between Ft. Lauderdale and St. Kitts. BMAC's St. Kitts service will be operated utilizing B-727-200 aircraft configured to carry 141 passengers in a two class passenger configuration (12 First Class/129 Coach). The aircraft to be utilized are or will be part of BMAC's fleet of B-727-200 aircraft.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

December 29, 2004

Motion of Air Line Pilots Association to Revoke Certificate for Lack of Fitness

In September, 2002, ALPA opposed Boston-Maine's application for an amendment to its certificate of public convenience and necessity to enable it to fly large aircraft on the ground, among other things, that the real purpose of the application was to facilitate the shift of Pan Am's operations to Boston-Maine in violation of Pan Am's obligations under the RLA. In the order proposing to find Boston-Maine fit to provide large aircraft service, DOT noted that ALPA might have a valid RLA claim against Pan Am and invited ALPA to request a continuing fitness review of appropriate parties if and when warranted. Similarly, when the Department reissued Boston-Maine's interstate certificate in August of this year, it reserved the right to review the fitness of Boston-Maine and Pan Am should their owners be found to be violating the RLA.

There now has been a judicial determination that the owners of Boston‑Maine and Pan Am did in fact violate the RLA by transferring work from Pan Am to Boston­ Maine with the purpose and intent of destroying ALPA as the lawful representative of Pan Am's pilots. There have also been numerous other court and agency decisions showing that these owners have a striking disregard for their legal obligations. The Department has on many occasions found that such a disregard provides the basis for denying or revoking operating authority.

By: Russell Bailey

OST-04-19919 - US-St. Kitts and Nevis Scheduled Services

December 29, 2004

Answer of Air Line Pilots Association to Application for Grant of Exemption

Air Line Pilots Association opposes the application of Boston-Maine Airways, Corp. for an exemption to engage in scheduled foreign air transportation between points in the United States and points in St. Kitts and Nevis. ALPA has today filed a motion in Docket 7668 to revoke Boston-Maine's existing certificate authority for lack of fitness. For all the reasons set out in that motion, which ALPA incorporates herein, the Department should deny Boston-Maine's request for exemption authority.

By: Russell Bailey

OST-04-19919 - Exemption - St. Kitts and Nevis Scheduled Service

January 5, 2005

Reply of Boston-Maine Airways

BMAC emphatically denies that it exercises any control over its affiliate, Pan Am, or any other company, either directly or through any common ownership. Most significantly, ALPA itself does not allege that BMAC's owners and/or senior officers have ever exercised their control over BMAC to cause BMAC to violate any federal aviation or labor laws. On the contrary, BMAC has conducted its business and operations in scrupulous compliance with all applicable federal, state and local laws and regulations.

BMAC requests the Department to expedite the issuance of an Order or Notice of Action Taken granting it an exemption authorizing BMAC to provide scheduled foreign air transportation of persons, property and mail between the U.S. and St. Kitts and Nevis, for a period of one year, utilizing B‑727‑200 aircraft, as requested in BMAC's December 15, 2004 application in this proceeding.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

January 7, 2005

Answer of Boston-Maine Airways to Motion of the Air Line Pilots Association

ALPA has virtually acknowledged that its purpose in opposing BMAC's large‑aircraft applications is an attempt by ALPA to circumvent a labor dispute between ALPA and BMAC's affiliated sister corporation, Pan American Airways Corp. Pan Am and BMAC are separate and independent companies, but they are affiliated through common ownership by a holding company, Pan American Airlines, Inc. which is a closely‑held corporation owned by a small group of investors. Those investors acquired Pan Am and other related companies out of a Chapter 11 bankruptcy proceeding in June 1998.

The thrust of ALPA's argument that BMAC is unfit to retain its long‑standing certification is based entirely upon the alleged and unrelated conduct of other parties, including Pan Am. Indeed, ALPA has no alternative in formulating its attack on BMAC, because BMAC itself has demonstrated its successful and consistent commitment to compliance with all applicable safety, operating, corporate and regulatory requirements and ALPA could not, in good faith, allege otherwise.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

January 13, 2005

Motion of Air Line Pilots Association to File an Unauthorized Reply and Reply to Answer of Boston-Maine

BMAC first attempts to disassociate itself from the many law violations cited in ALPA's motion by claiming that those violations were committed by other corporate entities, not by BMAC. It contends that ALPA's motion is thus "deficient as a matter of law" because it "fail[s] to establish any basis warranting a finding by the Department that BMAC has committed  act or omission in violation of Federal aviation law or regulations, or any violation of any other federal or state law . . . ."  BMAC even goes so far as to argue that "[b]ecause of its lack of involvement in the instances of misconduct cited by ALPA, BMAC has no direct knowledge of the facts or current status of any of the cited cases."

These arguments boggle the mind. To begin with, the very first law violation discussed in ALPA's motion ‑‑ the case of ALPA v Guilford Transportation Industries (the Injunction case) ‑‑ found egregious Railway Labor Act violations to have been committed by both Pan Am and BMAC, acting in concert.

Counsel: ALPA, Jerry Anker, 202-797-4086

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

January 18, 2005

Surreply of Boston-Maine Airways and Motion for Leave to File an Otherwise Unauthorized Document

The unifying thread in all of ALPA's numerous, and increasingly strident, pleadings in opposition to BMAC's application for authority to operate large aircraft in the captioned proceeding is ALPA's desire that BMAC not be permitted to operate B-727-200 aircraft in its interstate and foreign scheduled and charter service operations.

The fatal infirmity in ALPA's Motion To Revoke and in its subsequent Reply in support of that Motion is ALPA' s failure to demonstrate even a single instance of a violation of the law by BMAC, or by the owners and senior officers of BMAC acting pursuant to their control over, and responsibility for, BMAC's duty to comply with the requirements of the law in the conduct of its air carrier operations.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-2003-14985 - Certificate of Public Convenience and Necessity - Foreign Large Aircraft Operations

March 21, 2005

Motion for an Expedited Decision

The tortuous procedural history of BMAC's application for foreign scheduled- service large aircraft authority in this proceeding need not be recited in detail. Suffice it to say that BMAC filed its initial certificate application in this proceeding on April 18, 2003 - nearly two long years ago. That application complied fully with every one of the Department's substantive and procedural requirements applicable to a certificate application which involves a request for authority requiring a fitness determination, such as BMAC's proposed shift from small-aircraft to large- aircraft operations. Throughout every stage of this proceeding, BMAC has responded promptly, completely and accurately to every request for additional information or documents submitted to BMAC by the Department's Air Carrier Fitness Division.

BMAC has been successfully training flight crews and operating the three Boeing 727 aircraft authorized under Order 2004-8-24. BMAC now requires the authority for the operation of additional large aircraft in order to avoid the disruption of its growing scheduled service and charter commitments for the month of April and beyond.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-03-14985 - Certificate of Public Convenience and Necessity - Foreign Large Aircraft Operations

March 22, 2005

Response of Air Line Pilots Association to Motion for an Expedited Decision

Air Line Pilots Association respectfully submits this response to the motion of Boston-Maine Airways Corp. for an expedited decision on its application for certificate authority to operate large aircraft in scheduled foreign air transportation. ALPA's position with respect to BMAC's fitness to hold authority to perform air transportation of any kind is already a matter of record. ALPA filed a timely opposition to BMAC's application in this Docket, and more recently filed, in Docket OST-00-7668, a motion to revoke BMAC's existing certificate authority to perform interstate air transportation. The latter filing, in particular, sets out all the grounds on which ALPA believes BMAC lacks the requisite fitness to hold any certificate to perform air transportation.

Having said that, ALPA does not oppose BMAC's request for an expedited decision on its application. We urge, however, that the decision be a denial.

Counsel: ALPA, Jerry Anker, 202-797-4087

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

March 24, 2005

Application for Grant of an Emergency Exemption

BMAC hereby requests that the foregoing exemption authority be granted on an expedited basis, pursuant to the Department's Emergency Exemption procedures set forth in Section 302.311 of the Rules of Practice,' to become effective on or before April 8, 2005, and continuing in effect for a period of two years, or until 90 days after final action on BMAC's pending application in Docket OST-03-14985 for issuance of a certificate of public convenience and necessity authorizing BMAC to operate up to seven (7) large aircraft in interstate and/or foreign air transportation operations, whichever occurs first.

BMAC requires authority to operate a fourth large aircraft in the immediate near‑term future in order to respond to recently‑confirmed public service commitments which will exceed the capabilities of BMAC's current three large‑aircraft fleet. Specifically, in addition to two lines of scheduled service operations, BMAC has been retained by a major cruise line company to serve as the direct air carrier in performing a series of weekly Public Charter flights commencing on April 14, 2005. Subject to favorable Department action on this application (and FAA approval of the addition of the fourth B‑727 to BMAC's Part 121 Operations Specifications) on or before April 12, 2005, BMAC has agreed to provide the required Public Charter flights commencing on April 14, 2005 (with a prior aircraft‑positioning ferry flight to be flown on April 13, 2005 as necessary). If Department (and FAA) approval of BMAC's operation of a fourth large aircraft is not received by April 12th, BMAC will be obliged to procure sub‑service arrangements to be performed by a fully‑qualified U.S. air carrier for the period prior to BMAC's receipt of necessary authorizations from the Department and the FAA. The necessity for procuring a sub‑service arrangement would entail an adverse financial impact on BMAC.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

March 28, 2005

Re: Polling Letter

This letter is submitted on behalf of Boston-Maine Airways Corporation for the purpose of advising you of the results of a canvass of interested parties with respect to the request of BMAC for expedited procedures, pursuant to Section 302.311 of the Department’s Procedural Regulations, in connection with the referenced exemption application filed by BMAC on March 24, 2005 in Docket OST-00-7668.

BMAC served the referenced application by telecopier transmission on the Air Line Pilots Association, International on March 24, 2005, and canvassed ALPA, which is the only adverse interested party in this proceeding, on Friday, March 25, 2005.

BMAC and ALPA have agreed to establish Tuesday, March 29, 2005 as the due date for filing Answers to the referenced application. BMAC will file its Reply, or a notice of its intent not to file a Reply, on Thursday, March 31, 2005.

BMAC is requesting an expedited decision, via Notice Of Action Taken or verbal authorization, on its exemption application in this proceeding. A copy of this letter is being filed in the referenced docket and served by telecopier on ALPA and by mail on the persons listed on the attached Service List.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

March 29, 2005

Opposition of Air Line Pilots Association

BMAC asserts that its present fleet of three B‑727 aircraft cannot both perform the services called for by this charter contract and also maintain the carrier's current scheduled operations. However, BMAC has submitted no specific information to support that assertion. No details concerning the terms of this charter contract have been provided ‑‑ such as the points to be served, the number of flights to be performed, or the flight schedules that are called for. Nor has BMAC disclosed either the nature or the extent of its current or projected scheduled operations. Without such operational data, the Department has no basis for independently evaluating BMAC's need for the emergency exemption authority it is seeking.

Moreover, BMAC has not made clear why it could not have filed its application earlier, so as to give the Department more adequate time to consider it. The application does not disclose when BMAC entered into the charter contract with the cruise line company. The application does reveal, however, that regardless of this particular charter contract, BMAC has planned to add a fourth B-727 to its operations for some time, and has been seeking FAA approval to add that aircraft to its Operation Specification. BMAC states that it expects to obtain FAA approval "on or about April 12, 2005," but does not explain why it did not seek Department authority to operate this aircraft in air transportation at the same time that it sought operating authority for it from the FAA.

Counsel: ALPA, Jerry Anker, 202-797-4086

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

March 30, 2005

Reply of Boston-Maine Airways

The fundamental ‑ and fatal ‑ flaw in ALPA's contention is that each of ALPA's repeated efforts to attack BMAC's fitness for certification are wholly lacking in  factual or legal merit. As BMAC has previously demonstrated, all of ALPA's attacks on BMAC's fitness are based on alleged violations of the Railway Labor Act, and other alleged noncompliance with laws, asserted to have been committed by persons and corporate entities other than BMAC. BMAC has further demonstrated that, with respect to ALPA's allegations about those other parties, there is considerably less to them than meets the eye. By now it is patently clear that all of ALPA's attacks against BMAC arise out of ALPA's bitter pilot labor dispute with Pan American Airways Corp., a dispute which was at the center of litigation in the Federal District Court for the District of New Hampshire and ultimately the U.S. Court of Appeals for the 1st Circuit.

ALPA' s repeated and continuing efforts to invoke its labor dispute with Pan Am in order to delay, harass and defeat the legitimate and commendable efforts of BMAC to expand and improve the economic efficiency of its public service through the addition of large aircraft to its small‑aircraft fleet are unconscionable. BMAC believes that ALPA will not relent in its efforts to inflict delay and financial harm, and to thereby destroy BMAC, unless and until the Department unequivocally rejects ALPA's strategy of pressing its labor grievances under the guise of attacks on BMAC's fitness.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-2000-7668 - Amended Certificate of Public Convenience

April, 5, 2005

Supplement No. 13 to Application for Amended Certificate Authority - Bookmarked

BMAC requests the Department to issue: (1) a Notice of Action Taken granting an exemption to BMAC authorizing BMAC to operate a 4th B-727-200 aircraft in interstate scheduled-service operations and interstate and foreign charter operations, effective on or before April 12, 2005, and (2) a new Certificate of Public Convenience and Necessity authorizing BMAC to provide foreign air transportation of persons, property and mail, utilizing both small aircraft and up to seven (7) large aircraft, as requested in its pending concurrent application in Docket OST-03-14985.

Counsel: Boston-Maine, Zuckert Scout, Nathaniel Breed Jr., 202-973-7919, npbreed@zsrlaw.com

OST-03-14985 - Certificate of Public Convenience and Necessity - Foreign Large Aircraft Operations

April 6, 2005

Supplement No. 7 to Application

The purpose of this Supplement No. 7 is to furnish certain updated fitness information in support of BMAC's pending application for authority to operate large aircraft in foreign air transportation in this proceeding and BMAC's recently-filed emergency exemption application in Docket OST-00-7668.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

May 2, 2005

Supplement No. 14 to Application for Amended Certificate Authority

Re: Letter Regarding Supplement No. 14

The sole purpose of the enclosed Supplement No. 14 is to furnish certain additional fitness information to the Department in connection with BMAC's pending application in the referenced proceeding and in support of BMAC's previously-filed requests for an expedited decision in this proceeding, and BMAC's concurrently-pending application in Docket OST-03-14985 for issuance of a Certificate authorizing BMAC to provide foreign scheduled air transportation utilizing large aircraft.

As you are aware, BMAC has filed several increasingly urgent requests for an expedited decision by the Department in this proceeding, and in BMAC's concurrently-pending request for foreign certificate authority in Docket OST-03-14985, as well as BMAC's application in Docket OST-04-19919, filed on December 15, 2004, for exemption authority to serve St. Kitts during the 2004/2005 Winter peak season (which is now over). BMAC's two certificate applications have now been awaiting a final decision for over two years BMAir's routine St. Kitts exemption application has been pending for over four months and BMAC's extremely urgent application for an Emergency Exemption to authorize BMAC to operate a B-727 aircraft, approved by the FAA, has now been awaiting action by the Department for over a month.

BMAC submits that those prolonged delays of action on BMAC's appropriate and well documented applications for wholly routine authority have become intolerable and unconscionable. Those delays have inflicted extremely severe and unjust economic harm on BMAC, and they have unjustly prevented BMAC from achieving critically‑needed improved economic efficiency, and enhanced marketplace competitiveness, in its operations and have prevented BMAC from bringing substantial service improvements to the traveling public.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-2003-14985 - Foreign Certificate of Public Convenience - Scheduled Passenger

May 3, 2005

Supplement No. 8

The purpose of this Supplement No. 8 is to furnish certain updated fitness information in support of BMAC's pending application for authority to operate large aircraft in foreign air transportation in this proceeding and BMAC's pending application for interstate large-aircraft authority in Docket OST-00-7668. BMAC filed a Supplement No. 14 to its application for interstate large aircraft authority in Docket OST-00-7668. That filing contains BMAC's submission of certain additional updated fitness information and exhibits relevant to the fitness-determination issue involved in BMAC 's application for authority to operate large aircraft. The foregoing information and exhibits, and the fitness review at issue, are identically applicable to both of BMAC's interstate and foreign large aircraft applications

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-2000-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

May 3, 2005

Response of Air Line Pilots Association to Supplement No. 14 to Application and Accompanying Letter

Counsel: Air Line Pilots Association, Jerry Anker, 202-797-4086

OST-2000-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

May 5, 2005

Reply of Boston-Maine Airways Corp. and Motion for Leave to File an Otherwise Unauthorized Document

Under the unusual circumstances of this case, resulting from the affiliated relationship between BMAC and Pan Am, the shared ownership and senior management of BMAC and Pan Am, the fact that Pan Am is now a dormant corporation which has ceased all operations, and the fact that ALPA's Response is based solely on alleged misconduct by Pan Am, not BMAC, BMAC is taking the unusual step of submitting this Reply on behalf of itself and its affiliated sibling carrier, Pan Am.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-2000-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

June 1, 2005

Supplement to Motion of Air Line Pilots Association to Revoke Certificate for Lack of Fitness

Air Line Pilots Association (ALPA) respectfully submits this Supplement to its pending motion to revoke the certificate of Boston‑Maine Airways Corporation for lack of fitness. The purpose of this Supplement is to bring to the Department's attention certain events, described below, that have occurred subsequent to the date of ALPA's motion, which we believe are highly relevant to the issue of Boston‑Maine's compliance disposition.

Counsel: Air Line Pilots Association, Jerry Anker, 202-797-4086

OST-2000-7668 - Issuance of an Amended Certificate of Public Convenience and Necessity - Interstate Large Aircraft Operations

June 3, 2005

Answer of Boston-Maine Airways to Air Line Pilots Association's Supplement to Motion to Revoke Certification for Lack of Fitness and Motion for Leave to File an Otherwise Unauthorized Document

BMAC believes that ALPA's Supplement is yet another in their series of personal attacks upon BMAC's management based on matters unrelated to BMAC, intended to cause harm to BMAC by hindering the expansion of the large-aircraft business operations for which it has demonstrated it is well-qualified, and to distract the Department from the lack of any substantive basis upon which to grant ALPA' s Motion.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919

OST-2000-7668 - Amended Certificate of Public Convenience and Necessity - Large Aircraft Operations

June 9, 2005

Supplement to Answer of Boston-Maine Airways

The sole purpose of this Supplement is to furnish certain new factual information to the Department, relevant to the issues raised by ALPA's initial Motion to Revoke and subsequent Supplement, which was not yet available to, or not yet fully verified by, BMAC at the time of filing of its June 3' Answer in this proceeding.

ALPA' s repeated arguments that BMAC is unfit to operate large aircraft, on the basis of alleged violations of the law committed by Pan Am and/or its owners and senior officers, have been shown to be patently unfounded and specious. BMAC's owners and senior officers have consistently and diligently exercised their management responsibilities over BMAC in a manner to assure that BMAC provides the highest standard of safe, reliable and convenient service to the public, and that its operations are conducted in scrupulous compliance with all requirements of the law.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919

OST-2000-7668 - Amended Certificate of Public Convenience and Necessity - Large Aircraft Operations

June 13, 2005

Motion of Air Line Pilots Association for Leave to File Comments, and Comments of Air Line Pilots Association Supplement to Answer of Boston-Main Airways Corp.

Air Line Pilots Association respectfully requests leave to file the following comments on the Supplement filed by Boston-Maine Airways Corp. on June 9 to its Answer to ALPA's previously filed Supplement to ALPA's Motion to Revoke Boston-Maine's Certificate. The purpose of these Comments is to call the Department's attention to certain important questions that are left unanswered by Boston-Maine's latest filing.

Counsel: Air Line Pilots Association, Jerry Anker, 202-797-4086

OST-2000-7668 - Amended Certificate of Public Convenience and Necessity - Large Aircraft Operations

June 15, 2005

Answer of Boston-Maine Airways and Motion for Leave to File an Otherwise Unauthorized Document

BMAC hereby submits the following clear and unequivocal factual statements addressed to the assertedly unanswered questions raised by ALPA, and thus eliminates any area of uncertainty, bearing on any  maining fitness issue, about which the Department might otherwise be required to "speculate".

BMAC respectfully submits that those three years of delay of its critically‑needed large‑aircraft authority, and nearly six months of having had to plan, operate and market BMAC's public services under the virtual death threat presented by ALPA's Motion to revoke BMAC's certificates, have been grossly unjust and harmful to BMAC. The time has come ‑ indeed, the time is long past due ‑‑ for the Department to put an end to the unconscionably long delays in the granting of BMAC's clearly meritorious applications for authority to operate large aircraft in interstate and foreign air transportation.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919

OST-2000-7668 - Amended Certificate of Public Convenience and Necessity - Large Aircraft Operations

July 20, 2005

Re: Information Request

ALPA's supplemental pleading suggested that Mr. John Nadolny, then the Senior Vice President and General Counsel for Boston-Maine, may have engaged in improper conduct in his capacity as Senior Vice President and General Counsel of Boston-Maine's affiliated company, Pan American Airways Corp. Mr. Nadolny had submitted a surety bond to ALPA in December 2004 in connection with the settlement of a labor-related case that was signed by Mr. Nadolny for Pan Am and purportedly issued by Great American Insurance Company. ALPA's pleading stated that an insurance company investigator had told ALPA that Great American had not issued the bond and that the signature on the bond that purports to be that of an attorney-in-fact acting on behalf of Great American was forged. ALPA argued that this demonstrated that Boston-Maine's management lacked a satisfactory compliance disposition.

According to responsive filings made by Boston-Maine, Mr. Nadolny has admitted that Great American did not issue the bond. Boston-Maine has further stated that Mr. Nadolny has taken responsibility for the irregularities with the bond, that Mr. Nadolny has resigned from his positions as Senior Vice President and General Counsel for Boston-Maine, Pan Am, and certain other affiliated companies, that Mr. Nadolny has stated that he acted alone and without the knowledge or approval of his superiors, and that Pan Am's senior management group had received no information about the surety bond problem until they saw ALPA's supplemental pleading.

The information provided by Boston‑Maine has not alleviated potential concerns with this matter. As a result, in order for the Department to establish a complete record of this case, we direct Boston‑Maine to respond to the following information requests.

By: Air Carrier Fitness, William Bertram

OST-2000-7668 - Amended Certificate of Public Convenience and Necessity - Large Aircraft Operations

July 27, 2005

Re: Information Response

To the shock and astonishment of the assembled senior officials and legal counsel of BMAC at the conference, Mr. Nadolny immediately acknowledged that he had altered the figures shown on the Mellon Bank statement filed with the Department. He offered no explanation for those alterations, and the telephone call with him was brief.

Following that stunning revelation of further, and even more serious, misconduct by Mr, Nadolny and recognizing the possibility that other financial statements filed with the Department prior to January 7, 2005 might also have been altered, BMAC's senior management determined that a further comprehensive investigation of Mr. Nadolny's actions while he occupied the highly responsible and trusted positions of Senior V.P. and General Counsel of BMAC should be instituted immediately. That expanded investigation is now underway to identify any further discrepancies and any potential legal jeopardy to which BMAC may be exposed by Mr. Nadolny's stunning betrayal of the trust placed in him by BMAC's shareholders and senior management.

Counsel: Boston-Maine, Robert Culliford

OST-2000-7668 - Amended Certificate of Public Convenience and Necessity - Large Aircraft Operations

August 2, 2005

Supplement No. 15 to Application for Amended Certificate Authority - Bookmarked

Hereby submits this Supplement No. 15 to the captioned application for the purpose of furnishing certain corrected and updated financial fitness information and exhibits to the Department in connection with BMAC's pending application in this proceeding for authority to operate four (4) additional B-727-200 aircraft in scheduled and charter services in interstate and foreign air transportation. The information and documents contained in this Supplement No. 15 are being adopted by reference and filed contemporaneously as Supplement No. 9 in Docket OST-03--14985.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-2003-14985 - Foreign Certificate of Public Convenience - Scheduled Passenger with Large Aircraft

August 2, 2005

Supplement No. 9 to Application

The purpose of this Supplement No. 9 is to furnish certain updated fitness information in support of BMAC's pending application for authority to operate large aircraft in foreign air transportation in this proceeding and BMAC's pending application for interstate large‑aircraft authority in Docket OST‑00‑7668.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-2000-7668 - Amended Certificate of Public Convenience and Necessity - Large Aircraft Operations
OST-2003-14985 - Foreign Certificate of Public Convenience - Scheduled Passenger
OST-2004-19919 - Exemption - St. Kitts and Nevis Scheduled Service

August 2, 2005

Re: Inspector General Initiation of Investigation

By this letter I am requesting that the Office of the Inspector General initiate an investigation into the circumstances involving certain information filed by Boston-Maine Airways, Corp. in proceedings before the Department. I ask that your investigation consider whether Mr. Nadolny's actions were limited to only those instances that were previously disclosed and whether other individuals employed by Boston-Maine were involved in, or knew of, Mr. Nadolny's actions. My office intends to defer action on all open dockets regarding Boston-Maine's authority until such time as I receive your investigative report and my staff has fully reviewed its conclusions.

By: Karan Bhatia

Pan Am Plan Grounded - Article from Vienna, Ohio, August 2, 2005

OST-2000-7668 - Amended Certificate of Public Convenience and Necessity - Large Aircraft Operations

August 3, 2005

Motion For Confidential Treatment Pursuant to Rule 12

Boston-Maine Airways Corp., hereby moves the Department of Transportation (the Department), pursuant to Rule 12 of the Rules of Practice (14 CFR § 302.12), to withhold certain confidential financial information, which is being submitted concurrently herewith under seal, from public disclosure.

Counsel: Zuckert Scott, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-2000-7688

August 24, 2005

Comments of Dirck Hecking - Emergency Motion to Revoke Any Operating Certificate in Which Dave Fink and his Management Team Participated | Word

I have recently become aware of this docket and feel compelled to participate. Dave Fink is unfit to be a part of any management team of any air carrier and should be banned from the industry in the manner of Frank Lorenzo. The real problem underlying all PAL and BME operations is with Dave Fink. Dave Fink decides what he wants to do and demands compliance from his minions.

Dave Fink acts without respect for the industrial processes in place. Dave Fink has little regard for the agencies he is required to report. Moreover, he has sent lies through the mail in support of his position without regard for the truth. I am a victim of this and other, rogue behavior by Dave Fink.

By: Dirck Hecking, 317-293-6709

OST-2000-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations
OST-2003-14985 - Certificate of Public Convenience and Necessity - Foreign Large Aircraft Operation
OST-2004-19919 - Exemption - St. Kitts and Nevis Scheduled Service

August 24, 2005

Amended Pleadings - A Racketeering and Corrupt Organization Claim Brought Under Title 18 of the United States Code - Charging: Mail Fraud, Wire Fraud, Extortion | Word

This case is about when an insurance company and its rogue client go bad. Rather than simply let the administrative process run its due course, the conspirators choose organized crime like schemes as a means to deny a claim.  I’ve named it, “Reverse Insurance Fraud”.   And it happens to Lawful Claimants every day.

This is a RICO action and is brought against PAA/Kemper Insurance Company et al because, after my notification of injury, the Defendants decided to enter into a tort scheme to defeat the lawful purpose of Workman’s Compensation law using a fraud scheme with specific intent, and contemplated harm. I will prove, PAA, rather than allow administrative means to play out, decided  first, to retaliate by my early, unfair removal from the training program and termination. Thereafter, PAA decided to add conspirator Defendants who together engaged in fraud, wire fraud mail fraud, extortion and other organized crime and organized crime-like activities to be their primary means of denying me a fair hearing under Workmens Compensation law.

By: Dirck Hecking

OST-2000-7668 - Certificate - Interstate Scheduled Service Operations

August 29, 2005

Answer to "Emergency Motion to Revoke" Filed by Dirck Hecking

Boston-Maine Airways Corp., d/b/a Pan Am Clipper Connection hereby submits this Answer in response to the “Emergency Motion To Revoke” filed by Captain Dirk Heckiiig on August 24, 2005 in the captioned proceeding. Captain Hecking states that he is a licensed airline transport pilot formerly employed by Pan American Airways Corp., and it appears that Captain Hecking believes that he was unjustly denied an award of Workiiiaii’s Compensation for injuries sustained while he was employed by Pan Am.

It is virtually impossible to file an Answer, other than a general denial, in response to Captain Hecking’s Motion, which consists entirely of a series of unjustified and baseless personal attacks on the character of the President and Chief Executive Officer of Pan Am, who also serves as President and Chief Executive Officer of BMAC. Captain Hecking’s Motion provides no asserted facts, dates or any other information regarding the specific basis for his ad hominem attack on the President and CEO of Pan Am and BMAC, or in support of his Motion. It appears that the entire basis for Captain Hecking’s Motion is predicated on his belief that his prior Claim for Workman’s Compensation was unjustly denied.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

August 29, 2005

Letter Providing Updated Information

This letter is submitted on behalf of Boston-Maine Airways Corporation for the purpose of providing you with certain updated information relating to BMAC’s near-term planned service adjustments, and to request an extension of time for the submission of BMAC’s first-year report.

First, this letter will confirm that BMAC intends to temporarily suspend all of its current B-727-200 scheduled service operations, effective as of midnight on Monday, September 5, 2005, and continuing until November 17,2005, when BMAC plans to resume a limited pattern of scheduled service utilizing the three B-727’s in its current fleet. BMAC plans to continue to provide scheduled service with its fleet of 19-passenger Jetstream 3100 turboprop aircraft, and will expand its operation of interstate and foreign charter flights utilizing both its large and small aircraft over the next eleven weeks. None of the points to which BMAC currently provides, and plans to suspend, scheduled service with B-727 aircraft are subject to the mandatory notification provisions of 49 U.S.C. §§41715 or 41734, or Part 323 of the Department’s Procedural Regulations.

Second, BMAC received its initial authorization to utilize up to three large aircraft in providing interstate air transportation by Order 2004-8-21, served August 18,2004 in the captioned proceeding. That Order confirmed the Department’s earlier grant of verbal authority authorizing BMAC to commence large aircraft operations with one aircraft on July 16, 2004. BMAC operated its first revenue flight with B-727-200 aircraft on July 20, 2004. Order 2004-8- 21 requires BMAC to file a first-year progress report within 45 days following the end of its first year of conducting large aircraft operations (Order, p. 7, ordering para. no. 4). That report is due to be submitted to the Fitness Division on September 6, 2005. In light of the highly unusual and disruptive events which have impeded BMAC’s introduction and utilization of B-727-200 aircraft into its aircraft fleet since the issuance of Order 2004-8-21, BMAC hereby requests that the deadline for submission of its first-year report be extended by one full year, or until six months following completion of the pending Inspector General’s Investigation and subsequent action by the Department on BMAC’s pending large-aircraft applications in this proceeding, whichever is later.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

OST-2000-7668 - Amended Certificate of Public Convenience and Necessity - Large Aircraft Operations
OST-2004-19919 - Exemption - St. Kitts and Nevis Scheduled Service

August 30, 2005

Comments of Dirck Hecking - Emergency Motion to Revoke Any Operating Certificate in Which Dave Fink and his Management Team Participated | Word

Well Attorney Breed with all due respect to you sir, you are not correct. Why?  My allegations are clear, concise, and sufficiently pled. The information you are receiving down there in Washington and representing in this and other dockets as true, comes from the same liars who already admitted lying to the office of the Secretary of Transportation.

Remember, Mr. Nadolny servant of Mr. Fink, created an artifice and deliberately, with malice and forethought, sent it through the United States mail to the Secretary, in furtherance of a scheme to defraud a public official (a RICO element). This is an illegal act, abhorrent to the public good and I am not going to let your lying clients get away with it!    Have I made myself clear?

The suggestion, that I am making a worker’s compensation claim for remedy, to the DOT is incorrect. My RICO claim is now more seriously grounded in law than ever, thank you, and is active in the Southern District of Indiana.

My purpose here is to see to it that because of the added bad acts of the RICO defendants, Dave Fink and his minions are removed from the i