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1979 - December DOT Ord. & Dec. [1] (December, 1979)

handle is hein.usfed/dotod0527 and id is 1 raw text is: 
Order 79-12-1


                            UNITED STATES OF AMERICA
                            CIVIL AERONAUTICS BOARD
                                WASHINGTON, D.C.


                        Issued Under Delegated Authority
                               December 3, 1979



DETROIT-WEST PALM BEACH SHOW-CAUSE         Docket 37188
PROCEEDING




Application of                             Docket 35952

     UNITED AIRLINES, INC.



                               ORDER TO SHOW CAUSE

     In the Additional Great Lake-Florida Service Show-Cause Proceeding
(Docket 35745), United filed an application (Docket 35952) requesting
nonstop authority between Detroit and various Florida points including
West Palm Beach. By Order 79-11-59, dated November 7, 1979, we deferred
action on the Detroit-West Palm Beach portion of its application as
outside the scope of the proceeding but indicated we would consider this
request in a separate show-cause proceeding. 1/ This order institutes
this proceeding.

     We tentatively conclude, on the basis of thetentative findings and
conclusions below, that it is consistent with the public convenience and
necessity to grant unrestricted nonstop authority on a subsidy-ineligible
basis in the Detroit-West Palm Beach market to United Airlines, as well
as any other applicant whose fitness can be established by offically
noticeable data. 2/ Further, we tentatively conclude that no oral


1/   We have not received any objections to United's request here. We
     note, however, that the City of West Palm Beach is opposing the grant
     of new authority to it in two other proceedings (Dockets 36499
     and 36590).
2/   Officially noticeable data consist of that material filed under
     section 302.24(m) of our Procedural Regulations. Applicants whose
     fitness cannot be so established must make a showing of fitness, as
     well as deal with any questions under sections 408 and 409 of the
     Act. Should such applications be filed, we will then consider how
     to deal with them procedurally.
          On the basis of offically noticeable data, we tentatively
     find that United Airlines, Inc., is a citizen of the United States
     and is fit, willing and able to perform the air services proposed
     and to conform to the provisions of the Act and our rules, regu-
     lations and requirements.

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