[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