[Federal Register Volume 60, Number 210 (Tuesday, October 31, 1995)]
[Notices]
[Page 55408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26920]
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DEPARTMENT OF TRANSPORTATION
Clarification Concerning Examination of Foreign Air Carriers'
Request for Expanded Economic Authority
AGENCY: Office of the Secretary, Department of Transportation.
SUMMARY: This notice clarifies the Department's licensing policy
regarding requests for expanded economic authority from foreign air
carriers whose government Civil Aviation Authority (CAA) safety
oversight capability has been assessed by the Federal Aviation
Administration as conditional (Category II) or unacceptable (Category
III). This notice supplements information previously published by the
FAA concerning FAA procedures for examining and monitoring foreign air
carriers (57 Fed. Reg. 38342-43, August 24, 1992).
FOR FURTHER INFORMATION CONTACT: Donald H. Horn, Assistant General
Counsel for International Law, Office of International Law, Office of
the General Counsel, U.S. Department of Transportation, 400 7th Street
S.W., Room 10105, Washington, DC 20591, (202) 366-2972.
SUPPLEMENTARY INFORMATION: In order to operate to the United States,
foreign air carriers must receive authority from the Office of the
Secretary (OST) and, if operating their own aircraft, (as opposed to
wet leasing), operations specifications from the Federal Aviation
Administration (FAA). Both OST and FAA are components of the Department
of Transportation. OST looks to the FAA for determinations on matters
involving aviation safety.
In order for a foreign air carrier to fly to the United States, its
home country civil aviation authority must adhere to the aviation
safety standards of the International Civil Aviation Organization
(ICAO), the United Nation's technical agency for aviation. ICAO has
established international standards for operational safety and
continuing airworthiness. As fully described in an earlier Federal
Register notice, 57 Fed. Reg. 38342, August 24, 1992, the Federal
Aviation Administration (FAA) has developed a program for sending
evaluation teams to the various countries to work cooperatively to
assess their civil aviation safety oversight capabilities.
The FAA, with the cooperation of the host government, assesses
countries whose airlines have operating rights to or from the United
States, or have requested such rights. The focus of the assessment is
on a government's compliance with ICAO standards, rather than the
individual air carriers licensed by that country. Accordingly, the FAA
assessment does not necessarily reflect individual carriers' compliance
with all relevant safety requirements. The FAA has assisted countries
with less than acceptable ratings by providing technical expertise,
assistance with inspections and training courses. The FAA has
established three ratings for the status of these governments' civil
aviation authorities at the time of the assessment: acceptable,
conditional and unacceptable:
Category I, acceptable: The FAA's assessment found that the
country's civil aviation authority licenses and oversees air carriers
in accordance with ICAO aviation safety standards.
Category II, conditional: The FAA's assessment found that the
country's civil aviation authority has areas of noncompliance with ICAO
aviation safety standards. The FAA is negotiating actively with the
authority to implement corrective measures. During these negotiations,
the Department permits flights under existing authority to operate into
the United States, and the FAA conducts heightened surveillance.
Category III, unacceptable: The FAA's assessment found that the
country's civil aviation authority is not in compliance with ICAO
standards for aviation safety oversight. Unacceptable ratings apply if
the civil aviation authority has not developed and/or implemented laws
or regulations in accordance with ICAO standards; if it lacks the
flight operations capability to certify, oversee and enforce air
carrier operations requirements; if it lacks the capability to certify,
oversee and enforce air carrier aircraft maintenance requirements; and/
or if it lacks appropriately trained inspector personnel required by
ICAO standards. Carriers licensed by this government may not operate
flights to the United States with their own aircraft. They may arrange
to continue operating with aircraft wet leased from a duly authorized
and properly supervised U.S. or foreign air carrier that is authorized
to serve the United States with its own aircraft.
See e.g., 59 FR 46332-33, September 8, 1994.
A number of requests for new or expanded authority have been
received by OST from foreign air carriers where their home civil
aviation authority has been classified by FAA as Category II
(conditional). In order to make clear our licensing policy as concerns
carriers of Category II countries, we are placing this notice in the
Federal Register. All foreign air carriers are thus on notice that:
Foreign air carriers from Category II countries are permitted to
exercise authority in their OST licenses now being operated, and the
Category II status will not preclude the renewal of authority to
conduct existing services. However, no authority to conduct new
services, or expanded operations, will be issued to such carriers by
OST (unless operated using aircraft wet-leased from a duly authorized
and properly supervised U.S. or foreign air carrier), until the home
country's civil aviation authority has been reclassified by the FAA as
Category I (acceptable).
Issued in Washington, D.C. on October 23, 1995.
Mark L. Gerchick,
Acting Assistant Secretary for Aviation and International Affairs,
Department of Transportation.
[FR Doc. 95-26920 Filed 10-30-95; 8:45 am]
BILLING CODE 4910-62-P
