[Federal Register Volume 59, Number 121 (Friday, June 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15375]
[[Page Unknown]]
[Federal Register: June 24, 1994]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket 49547; Order 94-6-28]
Order Suspending Certain Air Service to and From Haiti
SUMMARY: We are publishing the order in its entirety as an appendix to
this document.
DATES: Issued in Washington, DC, June 17, 1994.
EFFECTIVE DATE: June 20, 1994.
FOR FURTHER INFORMATION CONTACT: Peter Bloch, U.S. Department of
Transportation, Office of the Assistant General Counsel for
International Law, Room 10105, 400 Seventh Street, S.W., Washington,
D.C. 20590. (202) 366-9183.
Patrick V. Murphy,
Acting Assistant Secretary for Aviation and International Affairs.
Order
By this order, we amend all certificates, permits, and exemptions
necessary to suspend regularly scheduled commercial passenger flights
of U.S. and Haitian air carriers between the U.S. and Haiti.
In Order 94-5-18, issued May 11, 1994, we found that the public
interest required the regulatory prohibition of charter passenger and
scheduled and charter all-cargo air services between the United States
and Haiti except those flights that may be permitted pursuant to an
Executive Order.1 By Memorandum for the Secretary of
Transportation issued on June 10, 1994, the President determined that
it is in the essential foreign policy interests of the United States
that additional action be taken regarding air transportation to Haiti,
including the suspension of regularly scheduled commercial passenger
flights of U.S. and Haitian air carriers between the U.S. and Haiti.
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\1\ Our order was issued pursuant to Executive Order 12914,
issued May 7, 1994, wherein the President ordered that certain
economic sanctions be imposed against Haiti, including the
suspension of certain air services operated between the United
States and Haiti, in order to take additional steps with respect to
the actions and policies of the de facto regime in Haiti beyond
those steps taken in Executive Orders 12775, 12779, 12853 and 12872.
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In light of the President's memorandum, we tentatively found in
Order 94-6-21, issued on June 13, 1994, that the public interest
required the regulatory prohibition of scheduled passenger air services
of U.S. and Haitian air carriers between the United States and Haiti
except those flights that may be permitted pursuant to the June 10,
1994, Presidential Memorandum.
In that order we proposed to add the following conditions to all
U.S. air carrier certificates, all section 402 permits held by Haitian
air carriers, and all exemptions held by U.S. and Haitian air carriers
(these requirements would apply to indirect as well as direct air
carriers):
Effective 11:59 p.m., Eastern Daylight Time on June 24, 1994, and
until further order of the Department, the holder and its agents may
not engage in scheduled passenger air transportation which includes a
stop in Haiti.
As we stated in Order 94-6-21, under section 401(g) of the Act, the
Department may alter, amend, modify or suspend any certificate if
required by the public convenience and necessity. Section 401(e)(1)
provides that the Department shall attach to the privileges granted by
the certificate ``such reasonable terms, conditions, and limitations as
the public interest may require.'' Section 402 of the Act provides that
the permits of foreign air carriers may be conditioned, amended or
suspended if the Department determines that such an action would be in
the public interest. Exemptions granted by the Department are granted
subject to the public interest and may be amended, modified or revoked
at any time without a hearing. In view of the foreign policy concerns
present, we tentatively found that this proposed action is required by
both the public interest and the public convenience and necessity.
Comments in response to this order were required to be filed with
the Department no later than 5:00 p.m., Wednesday, June 15, 1994. No
comments were filed. Accordingly, we have decided to make final the
tentative findings and conclusions in Order 94-6-21.
Accordingly
1. All U.S. air carrier certificates, all section 402 permits held
by Haitian air carriers, and all exemptions held by U.S. and Haitian
air carriers are hereby amended to add the following condition:
Effective 11:59 p.m., Eastern Daylight Time on June 24, 1994, and
until further order of the Department, the holder and its agents may
not engage in scheduled passenger air transportation which includes a
stop in Haiti.
2. Effective 11:59 p.m., Eastern Daylight Time on June 24, 1994,
and until further order of the Department, no indirect air carrier may
engage in scheduled passenger air transportation which includes a stop
in Haiti;
3. Unless disapproved by the President of the United States under
section 801 of the Federal Aviation Act, this order and the certificate
and permit amendments contained herein shall become effective on the
61st day after its submission for section 801 review or upon date of
receipt of advice from the President or his designee under Executive
Order 12597 and implementing regulations that the President does not
intend to disapprove the Department's order under that section,
whichever occurs earlier;2
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\2\ This order was submitted for section 801 review on June 17,
1994. On June 20, 1994, we received notification that the
President's designee under Executive Order 12597 and implementing
regulations did not intend to disapprove the Department's order.
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4. We shall serve a copy of this order upon all U.S. and Haitian
air carriers holding certificates of public convenience and necessity,
foreign air carrier permits, or exemption authority, the Air Transport
Association, the National Air Carrier Association, the International
Air Transport Association, the American Society of Travel Agents, the
Association of Retail Travel Agents, the Air Freight Association, the
Ambassador of the Republic of Haiti in Washington, D.C., the Federal
Aviation Administration, and the United States Department of State; and
5. We will publish this order in the Federal Register.
Patrick V. Murphy,
Acting Assistant Secretary for Aviation and International Affairs.
[FR Doc. 94-15375 Filed 6-23-94; 8:45 am]
BILLING CODE 4910-62-P
