[Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
[Notices]
[Page 5832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2674]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Exemption Concerning the Foreign Air Carrier Family Support Act
of 1997
AGENCY: Department of Transportation, Office of the Secretary.
ACTION: Docket OST 98-3304, Order 98-1-31.
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SUMMARY: The Department is exempting those foreign air carriers which
currently hold, or may subsequently receive, Department authority to
conduct operations in foreign air transportation using only small
aircraft, from the provisions of the Foreign Air Carrier Family Support
Act of 1997. The order, the text of which is attached, is effective
until further order of the Department.
FOR FURTHER INFORMATION CONTACT: George Wellington, Foreign Air Carrier
Licensing Division, U.S. Department of Transportation, Room 6412, 400
Seventh Street, SW., Washington, DC 20590. Telephone (202) 366-2391.
Dated: January 29, 1998.
Attachment
Patrick V. Murphy,
Deputy Assistant Secretary for Aviation and International Affairs.
Issued by the Department of Transportation on the 29th day of
January, 1998.
Served: February 3, 1998.
In the matter of: The Foreign Air Carrier Family Support Act of
1997.
Order Granting Exemption
Summary
In this order we exempt foreign air carriers which currently
hold, or may subsequently receive, Department authority to conduct
operations in foreign air transportation using only small aircraft,
from the provisions of 49 U.S.C. section 41313.
Background
The Foreign Air Carrier Family Support Act of 1997 (PL 105-148),
signed into law December 16, 1997, adds to Title 49 of the U.S. Code
a new section 41313, ``Plans to address needs of families of
passengers involved in foreign air carrier accidents.'' Section
41313 extends to foreign air carriers requirements similar to those
imposed on U.S. certificated carriers in 49 U.S.C. section 41113 by
the Aviation Disaster Family Assistance Act of 1996. Sections 41113
and 41313 require, among other things, that all certificated and
foreign air carriers develop and submit to the Department and to the
National Transportation Safety Board a plan to address the needs of
families of passengers involved in aircraft accidents.
Decision
Section 41113 limits the scope of its coverage to certificated
U.S. air carriers, thus excluding, as a class, U.S. air taxi
operators. The language in section 41313, however, makes no
distinction as to the size of aircraft operated by affected foreign
carriers, thus technically requiring compliance from all such
carriers, including those operating only small, air taxi-sized
aircraft. However, the clear intent of the Foreign Air Carrier
Family Support Act of 1997 was to extend the coverage of the
Aviation Disaster Family Assistance Act of 1996 to comparably
situated foreign air carriers, and not to expand that coverage to
include an additional class of carrier that operates only small
aircraft.
In light of this situation, we have decided to exempt those
foreign air carriers that currently hold, or may subsequently
receive, Department authority to conduct operations in foreign air
transportation using only small aircraft (i.e., aircraft designed to
have a maximum passenger capacity of not more than 60 seats or a
maximum payload capacity of not more than 18,000 pounds), from the
provisions of 49 U.S.C. 41313.\1\ We find that our action will
result in more effective implementation of the important objectives
of the Foreign Air Carrier Family Support Act of 1997, and will
remove an unintended and inappropriate burden from the affected
class of foreign carrier small-aircraft operators.
Note that this exemption applies solely to foreign carriers
whose Department authority is limited to small-aircraft operations
only. For example, a foreign carrier authorized to conduct U.S.
operations using large and small aircraft (i.e., without limitation
as to aircraft size), and that elects to conduct those operations
using only small aircraft, is not relieved from the requirement to
file a plan. Similarly, if the foreign carrier operates a mixed
fleet of large and small aircraft, all of its operations must be
covered by its plan, including its operations with small aircraft.
In view of the above, we find that it is consistent with the public
interest to grant the exemption described above. We also find that
our action does not constitute a major regulatory action under the
Energy Policy and Conservation Act of 1975.
Accordingly
1. We exempt all foreign air carriers that currently hold, or
may subsequently receive, Department authority to conduct operations
in foreign air transportation using only small aircraft (i.e.,
aircraft designed to have a maximum passenger capacity of not more
than 60 seats or a maximum payload capacity of not more than 18,000
pounds), from the provisions of 49 U.S.C. 41313;
2. This order is effective immediately, and shall remain in
effect until further order of the Department;
3. We may amend, modify, or revoke this order at any time and
without hearing;
4. We shall serve this order on all Canadian air taxi operators
conducting operations under 14 CFR Part 294, and all other foreign
air carriers holding Department authority to conduct operations
using only ``small'' aircraft as defined in ordering paragraph 1
above; and
5. We will publish this order in the Federal Register.
By: Patrick V. Murphy, Deputy Assistant Secretary for Aviation
and International Affairs.
Footnote 1. For the purposes of this order, we have used the
definition of ``small aircraft'' applicable to U.S. air taxi
operators and contained in 14 CFR Part 298. The exemption we are
granting here therefore encompasses (in addition to other foreign
air carriers) Canadian air taxis conducting operations under 14 CFR
Part 294.
An electronic version of this document is available on the World
Wide Web at: http://dms.dot.gov/general/orders/aviation.html.
[FR Doc. 98-2674 Filed 2-3-98; 8:45 am]
BILLING CODE 4910-62-P
