Pacific Island Aviation, Inc. d/b/a Tri-Star Airways

Order 2006-2-19
OST-2005-21281 - Redetermination of Fitness

Issued and Served February 27, 2006

Order Dismissing Application and Revoking Commuter Authority

By Order 1991-12-40, issued December 24, 1991, the Department found PIA fit to engage in commuter air transportation. PIA operated under its commuter authority until February 9, 2005, when it voluntary ceased its scheduled passenger operations and sought reorganization of its network.

By letter dated February 10, 2005, we reminded PIA of the requirements of section 204.7 of our ides which provide that, once a commuter carrier ceases its scheduled passenger operations, its commuter authority is automatically suspended; that it may neither recommence commuter operations nor advertise such services until the Department has redetermined that it is fit to do so. We further stated that if PIA did not have its fitness redetermined and resume operations by February 9, 2006, its commuter authority would be revoked for reason of dormancy.

On May 16, 2005, PIA tiled a notice of its intent to resume its commuter operations along with information required by section 204.3 of our regulations for an examination of its fitness.’ Since that time PIA has failed to provide the Department with supplemental information regarding its notice to resume commuter operations. In addition, the Federal Aviation Administration informed us that PIA surrendered its Air Carrier Certificate and Operations Specifications on December 20, 2005.

Section 204.7 of our rules states that an air carrier that ceases the operations for which it was found fit, shall not resume operations without first having its fitness redetermined by the Department. Further, if the air carrier has not filed an application to have its fitness redetermined within one year of the date of cessation, its authority will be revoked for dormancy. It has now been more than one year since PIA ceased operations and though we have received an application to resume operations from PIA, the air carrier has not actively pursued its application or demonstrated that it is taking the appropriate steps to resume operations. To the contrary, the air carrier surrendered to the FAA its Air Carrier Certificate and Operation Specifications.

Under these circumstances and in accordance with section 204.7 of our rules, we have decided to dismiss PIA’s notice to resume operations and revoke the air carrier’s commuter authority. This action is without prejudice to the company’s filing for new commuter authority in the future.

By: Todd Homan