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1991 - February DOT Ord. & Dec. [1] (February, 1991)

handle is hein.usfed/dotod0420 and id is 1 raw text is: 

                                                      Order 91-2-1

                     UNITED STATES OF AMERICA
                   DEPARTMENT OF TRANSPORTATION
                     OFFICE OF THE SECRETARY
                         WASHINGTON, D.C.

            Issued by the Department of Transportation
              on the 1st day of February, 1991
              _________________SERERD FB 199


Application of

     SEA AIR SHUTTLE CORPORATION                  : Docket 47131
       d/b/a VIRGIN ISLANDS SEAPLANE SHUTTLE

for a fitness determination, a transfer of
commuter air carrier authority, and an exemption  :
from the 45-day notice requirements of section
204.8 of the Department's regulations



                           FINAL ORDER


By Order 90-11-34, issued November 16, 1990, we directed all
interested persons to show cause why we should not make final
our tentative findings and conclusions that Sea Air Shuttle
Corporation d/b/a Virgin Islands Seaplane Shuttle (VISS) is fit,
willing, and able to provide service as a commuter air carrier
and to receive in transfer the commuter air carrier authority
issued to Virgin Islands Seaplane Shuttle, Inc. (Old VISS) by
Order 82-5-20. Interested persons were given 15 days to file
objections.

On December 3, we received an objection to the order from Eastern
Metro Express, a commuter air carrier based in St. Croix. Eastern
Metro made two allegations:   (1) that the aircraft to be operated
by VISS (which had been acquired in the Chapter 11 bankruptcy
proceeding of Old VISS and which had been severely damaged in
Hurricane Hugo) had not been repaired in accordance with the
manufacturer's engineering data and could not be considered
airworthy; and (2) that on November 29 the Virgin Islands Port
Authority (VIPA) had rejected VISS's application to lease the
seaplane facilities at Christiansted, St. Croix, and Charlotte
Amalie, St. Thomas, which had been leased by Old VISS. Use of
these facilities had been an integral part of the service plan
on which VISS's fitness finding had been based.

On December 4, we received an objection from Caribbean Airboats,
Inc., to whom the VIPA awarded the right to negotiate a lease for
the seaplane ramps. 1/ Caribbean Airboats pointed out that we
conditioned VISS's effective authority upon our having received


1/ Caribbean Airboats holds no authority as an air carrier, nor
has it filed an application with the Department for commuter air
carrier authority.

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