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1988 - March DOT Ord. & Dec. [1] (March, 1988)

handle is hein.usfed/dotod0385 and id is 1 raw text is: '5 Order 88-3-1 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 March, 1988 --- -- --- -- --- -- --- -- --- --S E R V E D M A R 1 1988 Fitness Determination of ENTERPRISE AIRLINES, INC. as a commuter air carrier under : section 419(c)(2) of the Federal : Aviation Act ORDER TO SHOW CAUSE Section 419(c)(2) of the Federal Aviation Act directs us to determine whether companies proposing to provide scheduled passenger service as commuter air carriers are fit, willing, and able to perform such service, and to ensure that all operations relating to this service conform to the safety standards estab- lished by the Federal Aviation Administration (FAA). 1/ In making fitness findings, the Department uses a three-part test that reconciles the Airline Deregulation Act's liberal entry policy with Congress' concern for operational safety and consumer protection. The three areas of inquiry that must be addressed in order to determine a carrier's fitness are whether the applicant: (1) will have-the managerial skills and technical ability to conduct the proposed operations; (2) if not internally financed, has a plan for financing that, if carried out, will generate resources sufficient to commence operations without undue risk to consumers; and (3) will comply with the Federal Aviation Act and regulations imposed by federal and state agencies. 2/ We must also determine that the applicant is a U.S. citizen. We have received an application from Enterprise Airlines, Inc., to conduct commuter operations, and, upon review of the information in this application, and the safety and compliance information on the carrier received from the FAA, we tentatively conclude that Enterprise is a U.S. citizen and has met the fitness test to 1/ Part 204 of our rules sets forth the evidence we need to make fitness findings (ER-1180, 45 FR 42593, June 25, 1980). 2/ For a more complete discussion of the requirements of section 419(c)(2) and the fitness program, see Order 81-3-10, March 2, 1981, issued by the Civil Aeronautics Board.

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