[Federal Register Volume 65, Number 102 (Thursday, May 25, 2000)]
[Rules and Regulations]
[Pages 33751-33753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13179]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 129
Changes to the International Aviation Safety Assessment (IASA)
Program
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Policy statement.
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SUMMARY: This notice describes recent policy changes to the FAA's
[[Page 33752]]
International Aviation Safety Assessment (IASA) program, which involves
assessing whether another country's oversight of its air carriers that
operate, or seek to operate, into the United States complies with
minimum international standards for aviation safety. The FAA is making
these changes as it commences a new phase of the IASA program following
the completion of initial determinations on the safety oversight
exercised by virtually all countries whose air carriers operate, or
have applied to operate, to the United States. This notice modifies the
IASA policies previously announced by the FAA.
DATES: This policy modification is effective May 25, 2000. Comments on
this policy may be directed to the address below.
ADDRESSES: Send comments to Federal Aviation Administration, Office of
Public Affairs, 800 Independence Avenue, SW, Washington, DC 20591.
FOR FURTHER INFORMATION CONTACT: Mr. Lynn Jensen, International Liaison
Staff, AFS-50, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW, Washington, DC 20591;
(202) 267-3719.
SUPPLEMENTARY INFORMATION:
Background
The policy announced at 57 FR 38342, August 24, 1992, described how
the FAA would assess whether a foreign civil aviation authority (CAA)
complied with the minimum international standards for aviation safety
oversight established by the International Civil Aviation Organization
(ICAO). In obtaining information relevant to its assessment, the FAA
meets with the foreign CAA responsible for providing the safety
oversight to its carriers, reviews pertinent records and meets with
officials of the subject foreign air carriers. The FAA then analyzes
the collected information to determine whether the CAA complies with
ICAO standards regarding the oversight provided to the air carriers
under its authority. This determination is part of the basis for FAA
recommended courses of action to the Department of Transportation on
the initiation, continuation, or expansion of air service to the United
States by the carriers overseen by that CAA. The IASA program applies
to all foreign countries with air carriers proposing or have existing
air service to the United States under an economic authority issued by
the Department
The policy announced at 59 FR 46332, September 8, 1994, concerned
the FAA's decision to publicly disclose the results of FAA assessments.
In connection with the public disclosure policy, the FAA established
three categories of ratings for countries to signify the status of a
CAA's compliance with minimum international safety standards: Category
I (Acceptable), Category II (Conditional), and Category III
(Unacceptable). Category II or III apply to countries whose CAAs are
found not to be providing safety oversight in compliance with the
minimum international standards established by ICAO. The FAA normally
places a country in Category II if one of its carriers provided air
service to the United States at the time of the FAA assessment. The FAA
places a country in Category III if none of its carriers provided air
service to the United States at the time of the FAA assessment.
Carriers from Category II countries are permitted to maintain, but not
expand, current levels of service under heightened FAA surveillance.
Carriers from Category III countries are not permitted to commence
service to the United States.
Program and Public Disclosure Changes
Sources of Information on Safety Oversight
The FAA has a continuing obligation to ensure that CAAs comply with
minimum international standards for safety oversight. In collecting
information to support its assessment findings, the FAA will continue
to rely, when necessary, on meetings with CAA and airline officials and
reviewing pertinent documents. The FAA also will make use of other
sources of information on CAA compliance with minimum international
standards for safety oversight. These sources may include other
qualified entities (e.g., the European Joint Aviation Authorities or
ICAO) considered reliable by the FAA.
Categorization of Results of FAA Assessments
As in the past, assessment determinations will continue to be
publicly disclosed. However, FAA will only use two categories in the
future, i.e., Category 1 (in compliance with minimum international
standards for aviation safety) and Category 2 (not in compliance with
minimum international standards for aviation safety). This change is
being made to eliminate any confusion that has resulted from having two
different categories regarding non-compliance with ICAO standards. We
believe that there has been a misimpression created that being in
Category II reflects a higher degree of compliance with ICAO standards
than being in Category III. To correct this misimpression and make
clear that no inferences should be drawn about relative degrees of ICAO
compliance, we are deleting Category III and redefining Category II as
follows:
Category 2. The Federal Aviation Administration assessed this
country's civil aviation authority and determined that it does not
provide safety oversight of its air carrier operators in accordance
with the minimum safety oversight standards established by the
International Civil Aviation Organization (ICAO). This rating is
applied if one or more of the following deficiencies are identified:
(1) The country lacks laws or regulations necessary to support the
certification and oversight of air carriers in accordance with minimum
international standards; (2) the CAA lacks the technical expertise,
resources, and organization to license or oversee air carrier
operations; (3) the CAA does not have adequately trained and qualified
technical personnel; (4) the CAA does not provide adequate inspector
guidance to ensure enforcement of, and compliance with, minimum
international standards, and (5) the CAA has insufficient documentation
and records of certification and inadequate continuing oversight and
surveillance of air carrier operations. This category consists of two
groups of countries.
One group are countries that have air carriers with existing
operations to the United States at the time of the assessment. While in
Category 2 status, carriers from these countries will be permitted to
continue operations at current levels under heightened FAA
surveillance. Expansion or changes in services to the United States by
such carriers are not permitted while in category 2, although new
services will be permitted if operated using aircraft wet-leased from a
duly authorized and properly supervised U.S. carrier or a foreign air
carrier from a category 1 country that is authorized to serve the
United States using its own aircraft.
The second group are countries that do not have air carriers with
existing operations to the United States at the time of the assessment.
Carriers from these countries will not be permitted to commerce service
to the United States while in Category 2 status, although they may
conduct services if operated using aircraft wet-leased from a duly
authorized and properly supervised U.S. carrier or a foreign air
carrier from a Category 1 country that is authorized to serve the
United States with its own aircraft.
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No other difference is made between these two groups of countries
while in a category 2 status.
Transition to New IASA Categorization System
Countries in the former Category I will initially be placed in the
new Category 1 (in compliance with ICAO Standards). Countries in the
former Categories II and III will initially be placed in the new
Category 2 (not in compliance with ICAO standards). For those countries
not serving the U.S. at the time of the assessment, an asterisk ``*''
will be added to their Category 2 determination.
The FAA will review the category determinations of all countries
included in the IASA categorization scheme at least once every two
years, or when new information becomes available which calls into
question the country's ability to continue complying with minimum
standards for aviation safety. The purpose of such reviews is to
determine if a country's CAA continues to comply with minimum
international standard for aviation safety (Category I) or is making
sustainable progress toward compliance (Category 2). After each such
review, the FAA will update the appropriate public disclosure.
The FAA will continue to work with countries to improve safety
oversight capabilities in cases where the assessment process has
revealed deficiencies. When FAA determines that sustainable progress is
not being made, or is not possible under the prevailing circumstances
in the country, it may advise the Office of the Secretary that the
subject country has not made significant progress in correcting its
safety oversight deficiencies and recommend a course of action to
review the status of all authorities issued to carriers of that
country.
Current IASA category determinations for countries included in the
IASA categorization system are available on the FAA web-site at http://www.faa.gov/avr/isa.htm
Issued in Washington, DC on May 15, 2000.
Thomas E. McSweeny,
Associate Administrator for Regulation and Certification.
[FR Doc. 00-13179 Filed 5-24-00; 8:45 am]
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