Page:KAL801Finalreport.pdf/90

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Factual Information
76
Aircraft Accident Report

FAA's evaluation of the respective CAA's capability for providing safety certification and continuing oversight for its international carriers.

Upon DOT notification of a pending foreign air carrier application, if the FAA has not made a positive assessment of that countr[y']s safety oversight capabilities, the FAA Flight Standards Service will direct its appropriate international field office to schedule an FAA assessment visit to the CAA of the applicant's country. Once the assessments visits have been completed, the FAA assessment team will return to the United States to compile the findings. Appropriate notifications to the CAA and other U.S. Government officials of the results of the assessments will be made from Washington, D.C., headquarters as soon as possible.

If a CAA is found to be meeting its minimum safety obligations under the Chicago Convention, the FAA will forward a positive recommendation to DOT. If there is a pending foreign carrier application, DOT will issue the requested economic authority and FAA will issue operations specifications to permit the carrier to begin operations to or from the United States.

When CAA's of countries with existing air carrier service to the U.S. are found to not meet ICAO standards, the FAA formally requests consultations with the CAA. The purpose of consultations is to discuss [the FAA's] findings in some detail and explore means to quickly rectify shortcomings found with regard to ICAO annexes, to enable its air carriers to continue service to the United States. During the consultation phase, foreign air carrier operations from that country into the United States will be frozen at existing levels.[[1]</ref>] FAA may also heighten its surveillance inspections (ramp checks) on these carriers while they are in the United States. If the deficiencies noted during consultations cannot be successfully corrected within a reasonable period of time, FAA will notify DOT that carriers from that country do not have an acceptable level of safety oversight and will recommend that DOT revoke or suspend its carriers economic operating authority.

When CAA's of countries with no existing air carrier service to the United States are found to not meet ICAO standards, the FAA does not, of course, undertake consultations. The FAA will notify DOT that the CAA does not have an acceptable level of safety oversight and its application for economic authority will be denied. The FAA will undertake a reassessment of the CAA after evidence of compliance with ICAO provisions has been received. FAA will, of course, be willing to meet with CAA's at any time, as [ ] resources permit. After the assessment visit, consultations (if necessary), and notifications have been completed, the FAA will publicly release the results of these assessments. The FAA plans to periodically revisit CAA's of countries with air carriers operating into the United States to maintain full familiarity of the methods of that country's continued compliance with ICAO provisions. The FAA may also find it necessary to reassess a CAA at any time if it has reason to believe that minimum ICAO standards are not being met.

  1. This policy is defined in a notice published in the Federal Register, Volume 60, No. 210, October 31,1995.