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Order 2008-2-24 - Boston-Maine Airways - Denying Extension of Procedural Dates
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Order 2008-2-24 Issued and Served February 19, 2008 Order Denying Extension of Procedural Dates By Order 2008-2-3, issued February 1, 2008, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated in it and revoke the certificate of public convenience and necessity issued to Boston-Maine Airways Corp. for its failure to continue to remain fit, willing, and able to provide air transportation as a U.S. certificated air carrier. Interested persons have 30 days, or until March 3, 2008, to file objections to the order. Answers to objections must be filed no later than 7 days thereafter, that is, by March 12, 2008. By motion filed February 8, 2008, BMAC requested a 30-day extension of time, or until April 2, 2008, in which to file objections and a commensurate extension of time, or until April 11, 2008, in which to file answers to objections. In support of its request, BMAC states that the requested extension would give the air carrier additional time to decide among the following three courses of action in response to the Department’s order: (1) file objections to the order, (2) attempt to sell the company’s stock to new owners, or (3) shut down BMAC entirely and liquidate its assets. The air carrier further states that it would cease all flight operations by February 29, 2008, if granted the requested extension. The Department has carefully reviewed all of the facts involving this matter, including BMAC’s reasons and justifications for requesting an extension, and we conclude that BMAC has not shown good cause for extending the procedural dates in this case. The Department believes that 30 days is more than sufficient time for BMAC to determine an appropriate course of action. In addition, the action proposed in Order 2008-2-3, revocation of BMAC’s economic authority, if made final would not preclude the sale of the company or its assets. Indeed, under the circumstances here, any new owner of the company would be required to undergo its own fitness determination before it could commence air transportation as a U.S. certificated air carrier. Therefore, the Department finds that BMAC has failed to demonstrate that the relief it requests is in the public interest or is required in the interest of due process. Thus, we deny BMAC’s request. The order also proposed to dismiss BMAC’s applications for foreign scheduled certificate and exemption authority on the same grounds. By: Michael Reynolds |
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