[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22141]
[[Page Unknown]]
[Federal Register: September 8, 1994]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 129
Public Disclosure of the Results of Foreign Civil Aviation
Authority Assessments
AGENCY: Federal Aviation Administration, DOT.
ACTION: Policy statement.
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SUMMARY: On August 24, 1992, the Federal Aviation Administration
announced a new policy and procedures related to the assessment of
foreign Civil Aviation Authorities that certificate foreign air
carriers operating into the United States. This document announces a
modification to that policy. Under the modified policy, the FAA is
adopting measures to be observed regarding the public disclosure of the
results of foreign Civil Aviation Authority (CAA) assessments. Comments
by concerned parties are invited.
EFFECTIVE DATE: This policy modification is effective on September 8,
1994. Comments on this policy must be received on or before October 11,
1994.
ADDRESSES: Send comments to Federal Aviation Administration, Office of
Public Affairs, 800 Independence Avenue, SW., Washington, DC 20591.
FOR FURTHER INFORMATION CONTACT:
Mr. John Lynch, Flight Standards International Programs Office, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20501; (202) 267-3844.
SUPPLEMENTARY INFORMATION:
Background
The international standards governing air safety are embodied in
the Convention on International Civil Aviation, 61 Stat. 1180 (Chicago
Convention), and its related Annexes. The effectiveness of the
Convention as a means of assuring aviation safety depends upon
adherence to its requirements by the United States and the other
parties to the treaty. The FAA believes that most, but not all,
countries
that have accepted the Convention's obligations generally endeavor to
carry them out faithfully. However, the FAA also believes that the
efficacy of the Convention can be enhanced. This belief is based on the
FAA's observations both of foreign air carrier operations at points
within the United States and over 30 assessments of foreign CAAs.
Under the policy announced at 57 FR 38342, August 24, 1992, the FAA
establishes formal contact with a CAA of a foreign air carrier that
possesses or seeks approval to operate to or from the United States.
The purpose of such contacts is to ensure that the aviation safety
standards set forth in the Chicago Convention and in any applicable
bilateral air transport agreements are met.
The primary means of ensuring compliance with international safety
standards is through the on-site assessment of a CAA. The FAA has
conducted over 30 such assessments with mixed results. Upon initial
assessment, fully two-thirds of the CAAs assessed were deficient in
some manner relative to their obligations under the Chicago Convention.
The FAA entered into direct consultations with many of the CAAs
(governments) found deficient. As a direct result of these
consultations, many CAAs have updated and enhanced their safety
oversight resources and infrastructure to comply fully with their
obligations under the Chicago Convention. However, several CAAs
initially found to be deficient still are not complying with their
international aviation safety obligations. Countries unwilling or
unable to comply with their obligations under the Chicago Convention
are our immediate concern.
Public Disclosure
The purpose of the public disclosure policy adopted by the FAA at
this time is to allow the public to make informed travel decisions by
providing information regarding international aviation safety standards
and compliance. General assessment program findings, as they relate to
the capability of a respective CAA to meet international aviation
standards, will be released to the public through the Department of
State Consular Information System and the FAA Hotline.
The FAA has established three categories of ratings to signify the
status of a foreign CAA's compliance with ICAO safety standards:
acceptable, conditional, and unacceptable.
Category I, Acceptable, applies to a foreign CAA that has been
assessed by FAA inspectors and has been found to license and oversee
air carriers in accordance with ICAO safety standards.
Category II, Conditional, applies to a foreign CAA where FAA
inspectors found areas of non-compliance with ICAO safety standards and
the FAA is negotiating actively with the CAA to implement corrective
measures. During such negotiations, the FAA permits flights to operate
into the United States and the FAA conducts heightened surveillance of
the flights.
Category III, Unacceptable, applies to a foreign CAA found to be in
non-compliance with ICAO standards for aviation safety. Unacceptable
ratings apply if the country or CAA has not developed or implemented
laws or regulations in accordance with ICAO standards; if the CAA lacks
the technical expertise or resources to license or oversee civil
aviation; if it lacks the flight operations capability to certify,
oversee, and enforce air carrier operations requirements; if it lacks
the aircraft maintenance capability to certify, oversee, and enforce
air carrier maintenance requirements; or if it lacks the appropriately
trained inspector personnel required by ICAO standards. Operations to
and from the United States by foreign air carriers whose oversight is
provided by these CAAs are not permitted.
Future Assessments
The desire to ensure that foreign air carriers operating into the
United States are indeed receiving all the regulatory oversight by
their respective governments mandated by the Chicago Convention will
remain the driving force behind the assessment program.
When the FAA is notified that a foreign air carrier is seeking
authority to initiate operations into the United States, the FAA will
continue its policy of verifying that the responsible CAA is providing
sufficient oversight to ensure continuous safe international air
carrier operations in accordance with the Chicago Convention and any
applicable bilateral air transport agreement. If the FAA is satisfied
that the foreign CAA is providing adequate oversight, the FAA will
notify the Office of the Secretary of Transportation (OST). After OST
issues the carrier its foreign air carrier permit or exemption, the FAA
will issue Part 129 operations specifications. Conversely, if the FAA
is not satisfied, then the FAA will recommend to OST that a foreign air
carrier permit or exemption not be issued, and the FAA will not issue
Part 129 operations specifications to the foreign air carrier.
The FAA also will continue to verify information regarding CAA's
with foreign air carriers already holding FAA operations
specifications. When the capability of a CAA is in question, the FAA
will take all appropriate and necessary actions within its jurisdiction
and discretion, including the public release of the assessment findings
and a recommendation to the DOT for revocation or suspension of the air
carrier's economic authority.
Issued in Washington, DC, on September 2, 1994.
Anthony J. Broderick,
Associate Administrator for Regulation & Certification.
[FR Doc. 94-22141 Filed 9-7-94; 8:45 am]
BILLING CODE 4910-13-M