[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12243]


[[Page Unknown]]

[Federal Register: May 19, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
 

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, D.C., May 11, 1994.

EFFECTIVE DATE: May 12, 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, SW., Washington, DC 
20590. (202) 366-9183.
Patrick V. Murphy,
Acting Assistant Secretary for Aviation and International Affairs.

In re: Suspension of Certain Air Service To and From Haiti; Order

[Docket 49547; Order 94-5-18]

    By Executive Order 12914 issued May 7, 1994, the President, in view 
of United Nations Security Council Resolution No. 917 of May 6, 1994, 
and 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, ordered that certain 
further economic sanctions be imposed against Haiti, including the 
suspension of certain air services operated between the United States 
and Haiti.
    In accordance with Executive Order 12914, we tentatively found in 
Order 94-5-13, issued May 9, 1994, that the public interest requires 
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 the Executive 
Order.
    In that order we proposed to add the following conditions to all 
U.S. air carrier certificates, all section 402 permits held by foreign 
air carriers, and all exemptions held by U.S. and foreign air carriers 
(these requirements would apply to indirect as well as direct air 
carriers):

    Effective immediately and until further order of the Department, 
the holder and its agents may not engage in all-cargo or charter 
foreign air transportation which includes a stop in Haiti.

    We also 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., Tuesday, May 10, 1994. Comments 
were filed by the National Air Carrier Association (NACA) and Federal 
Express Corporation (FedEx). NACA objected to ``any action that will 
discriminate between scheduled and charter passenger service.''\1\ 
FedEx, although it presently offers no services in or out of Haiti, 
either by direct or indirect air service, argued that ``all cargo, 
including that carried on passenger aircraft, should be treated the 
same. . . .''\2\
---------------------------------------------------------------------------

    \1\Comments of the National Air Carrier Association, at 1.
    \2\Comments of Federal Express Corporation, at 1.
---------------------------------------------------------------------------

    As we stated in the Show Cause Order, the public interest findings 
in this instance are based upon Executive Order 12914. In that order, 
the President took the following action:

    The following are prohibited, notwithstanding the existence of 
any rights or obligations conferred or imposed by any international 
agreement or any contract entered into or any license or permit 
granted before the effective date of this order, except to the 
extent provided in regulations, orders, directives, authorizations, 
or licenses that may hereafter be issued pursuant to this order: (a) 
the granting of permission to any aircraft to take off from, land 
in, or overfly the territory of the United States, if the aircraft, 
as part of the same flight or as a continuation of that flight, is 
destined to land in or has taken off from the territory of Haiti, 
with the exception of regularly scheduled commercial passenger 
flights. (emphasis added)

    The Executive Order explicitly excepts regularly scheduled 
commercial passenger flights from the prohibitions imposed. Both NACA 
and FedEx would have us recraft the certificate and permit amendment 
language in order to change the scope of the sanctions ordered by the 
President. We decline to take such action given the President's clearly 
stated directive.
    Accordingly, we have decided to make final the tentative findings 
and conclusions in Order 94-5-13.
    Accordingly:
    1. All U.S. air carrier certificates, all section 402 permits held 
by foreign air carriers, and all exemptions held by U.S. and foreign 
air carriers are hereby amended to add the following condition:

    Effective immediately and until further order of the Department, 
the holder and its agents may not engage in all-cargo or charter 
foreign air transportation which includes a stop in Haiti.

    2. Effective immediately and until further order of the Department, 
no indirect air carrier may engage in all-cargo or charter foreign 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;\3\ and
---------------------------------------------------------------------------

    \3\This order was submitted for section 801 review on May 11, 
1994. On May 12, 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.
---------------------------------------------------------------------------

    4. We shall serve a copy of this order upon all U.S. and foreign 
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 
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.
    5. We will publish this order in the Federal Register.
Patrick V. Murphy,
Acting Assistant Secretary for Aviation and International Affairs.
[FR Doc. 94-12243 Filed 5-18-94; 8:45 am]
BILLING CODE 4910-62-P