Order 2010-4-17

 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Thirtieth day of April, 2010

Aero Services-Executive, S.A. Docket OST 2010-0005

Violations of 49 U.S.C. § 41708 and 14 CFR

Part 217 Served April 30, 2010

CONSENT ORDER

This consent order concerns reporting delinquencies by Aero Services-Executive, S.A., 

(ASE) that constitute violations of 49 U.S.C. § 41708 and the Department’s foreign air 

carrier reporting requirements (14 CFR Part 217). This order directs ASE to cease and 

desist from future violations, and assesses the carrier a compromise civil penalty of 

$20,000.

Section 41708 of the United States Code inter alia authorizes the Secretary of 

Transportation to require air carriers and foreign air carriers to submit reports to the 

Department. Pursuant to section 41708, 14 CFR Part 217 designates the categories of 

statistical data to be collected from foreign air carriers and prescribes the manner in 

which these data are to be submitted to the Department. The Department uses the data 

for various important purposes, including analyzing the effects of air transportation 

industry policy initiatives, allocating airport development funds, forecasting traffic, and 

developing airport and airway traffic policy. A foreign air carrier’s failure to file its 

reports, therefore, prevents the Department from making fully informed decisions. 

Failure to file reports when they are due constitutes a violation of both 49 U.S.C. § 41708 

and 14 CFR Part 217.

ASE is a direct air carrier based in Le Bourget, France, that specializes in corporate 

charters. In 2002, ASE applied for and received foreign air carrier exemption authority 

from the Department to operate on-demand charter flights to and from the United States.

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Notice of Action Taken – Docket OST-2001-10973-4 (January 25, 2002). 

 

Since then, ASE has operated several flights into the U.S. each year, but failed to file 

 
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Schedule T-100(f) with the Department’s Bureau of Transportation Statistics as required 

by Part 217 until August 2009. 

In mitigation, ASE states that it has cooperated with Department throughout this matter. 

Immediately after being contacted by the Office of the Assistant General Counsel for 

Aviation Enforcement and Proceedings (Enforcement Office), ASE took several remedial 

actions, including submitting delinquent reports, providing a complete list of flights it has 

conducted to and from the U.S. during the relevant time period, and implementing an 

internal program to ensure that future reports will be submitted in a timely 

manner. 

We view seriously the failure of Aero Services-Executive, S.A., to file traffic statistics 

reports as required by section 41708 and Part 217. The Enforcement Office has carefully 

considered all the circumstances surrounding this matter, and continues to believe that 

enforcement action is warranted. The Enforcement Office and Aero Services-Executive, 

S.A., have reached a settlement of this matter in order to avoid litigation. Aero ServicesExecutive, S.A., consents to the issuance of an order to cease and desist from future 

violations, and to the assessment of $20,000 in compromise of potential civil penalties 

otherwise due and payable pursuant to 49 U.S.C. § 46301.

This compromise assessment is appropriate considering the nature and extent of the 

violations described herein and serves the public interest. It represents an adequate 

deterrence to future noncompliance with the Department’s reporting requirements by 

Aero Services-Executive, S.A., as well as by other air carriers and foreign air carriers.

This order is issued under the authority contained in 49 CFR 1.57a and 14 CFR 385.15.

ACCORDINGLY, 

1. Based on the above discussion, we approve this settlement and the provisions of the 

order as being in the public interest;

2. We find that Aero Services-Executive, S.A., violated 49 U.S.C. § 41708 and 14 

CFR Part 217, as described above, by failing to file required monthly traffic data reports

in a timely manner;

3. We order Aero Services-Executive, S.A., and all other entities owned and 

controlled by or under common ownership with Aero Services-Executive, S.A., and its 

successors and assignees, to cease and desist from further violations of 49 U.S.C. § 41708 

and 14 CFR Part 217;

4. We assess a compromise civil penalty of $20,000 in lieu of civil penalties that might 

otherwise be assessed for the violation found in paragraphs 2 of this order; and 

5. Payment shall be made within 15 days of the issuance date of this order by wire 

transfer through the Federal Reserve Communication System, commonly known as “Fed 

Wire,” to the account of the U.S. Treasury in accordance with the attached instructions. 
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Failure to pay the penalty as ordered shall subject Aero Services-Executive, S.A., to the 

assessment of interest, penalty, and collection charges under the Debt Collection Act and 

to possible enforcement action for failure to comply with this order.

This order will become a final order of the Department 10 days after its service date 

unless a timely petition for review is filed or the Department takes review on its own 

initiative.

BY:

ROSALIND A. KNAPP

Deputy General Counsel

(SEAL) 

An electronic version of this document is available

at www.regulations.gov