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Order 2008-4-42 Issued and Served April 29, 2008 In its objection, BMAC failed to provide any evidence supporting its financial ability to continue or expand its operations. BMAC argued that the Department’s tentative finding in Order 2008-2-3 with respect to financial fitness applied solely to its ability to conduct operations using large aircraft. We disagree. In Order 2008-2-3, the Department specifically stated that based on “BMAC’s poor financial history, its present financial condition, and the concerns raised by the FAA,” the air carrier lacked “the financial wherewithal to continue to operate.” This tentative finding applied to all of BMAC’s operations and was clearly supported by the financial information provided by the air carrier. Because BMAC has failed to demonstrate its financial fitness to operate, the Department maintains that the air carrier is not financially fit to continue to conduct any air transportation regardless of aircraft size. The Department concludes that BMAC is not fit to conduct operations as a U.S. certificated air carrier and denies BMAC’s request to maintain its certificate authority to operate small aircraft to facilitate the sale of the company to Maine Aviation. Thus, the Department revokes the interstate scheduled certificate authority issued to BMAC and dismisses its applications for foreign scheduled and exemption authority. By: Michael Reynolds |
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