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1990 - November DOT Ord. & Dec. [1] (November, 1990)

handle is hein.usfed/dotod0417 and id is 1 raw text is: Order 90-11-1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. SERVED NOV 2 90 Issued by the Department of Transportation on the 2nd day of November, 1990 Fitness Determination of FLYING BOAT, INC. as a commuter air carrier under section : 419(e)of the Federal Aviation Act ORDER TO SHOW CAUSE Section 419(e) 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 established 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) has access to financial resources which are sufficient to commence operations without posing an 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 Flying Boat, Inc., to conduct commuter operations, and, upon review of the informa- tion in this application and the safety and compliance information received from the FAA, we tentatively conclude that Flying Boat is a U.S. citizen and has met the fitness test to conduct commuter operations. We will, however, give interested persons an opportunity to show cause why we should not adopt as final our tentative determination that Flying Boat is fit, willing, and able to provide commuter service. 1/ Part 204 of our rules sets forth the evidence we need to make fitness findings. 2/ For a more complete discussion of the requirements of section 419(e) and the fitness program, see Order 81-3-10, March 2, 1981, issued by the Civil Aeronautics Board.

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