[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]
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