49 U.S.C. § 44747 (TRANSPORTATION)
§ 44747. Aviation safety oversight measures carried out by foreign countries
(a) Assessment.—
(1) In general.—
On a regular basis, the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, shall assess aviation safety oversight measures carried out by any foreign country—
(A) from which a foreign air carrier is conducting foreign air transportation to and from the United States;
(B) from which a foreign air carrier seeks to conduct foreign air transportation to and from the United States;
(C) whose air carriers carry or seek to carry the code of a United States air carrier; or
(D) as determined appropriate by the Administrator.
(2) Consultation and criteria.—
In conducting an assessment described in paragraph (1), the Administrator shall—
(A) consult with the appropriate authorities of the government of the foreign country;
(B) determine the efficacy with which such foreign country carries out and complies with its aviation safety oversight responsibilities consistent with—
(i) the Convention on International Civil Aviation (in this section referred to as the “Chicago Convention”);
(ii) international aviation safety standards; and
(iii) recommended practices set forth by the International Civil Aviation Organization;
(C) use a standard approach and methodology that will result in an analysis of the aviation safety oversight activities of such foreign country that are carried out to meet the minimum standards contained in Annexes 1, 6, and 8 to the Chicago Convention in effect on the date of the assessment, or any such successor documents; and
(D) identify instances of noncompliance pertaining to the aviation safety oversight activities of such foreign country consistent with the Chicago Convention, international aviation safety standards, and recommended practices set forth by the International Civil Aviation Organization.
(3) Findings of noncompliance.—
In any case in which the assessment described in subsection (a)(1) finds an instance of non-compliance, the Administrator shall—
(A) notify the foreign country that is the subject of such finding;
(B) not later than 90 days after transmission of such notification, request and initiate final discussions with the foreign country to recommend actions by which the foreign country can mitigate the noncompliance; and
(C) after the discussions described in subparagraph (B) have concluded, determine whether or not the noncompliance finding has been corrected;
(b) Uncorrected Non-compliance.—
If the Administrator finds that such foreign country has not corrected the non-compliance by the close of such final discussions—
(1) the Administrator shall notify the Secretary of Transportation and the Secretary of State that the condition of noncompliance remains;
(2) the Administrator, after consulting with informing the Secretary of Transportation and the Secretary of State, shall notify the foreign country of such finding; and
(3) notwithstanding section 40105(b), the Administrator, after consulting with the appropriate civil aviation authority of such foreign country and notifying the Secretary of Transportation and the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of a foreign air carrier that—
(A) provides or seeks to provide foreign air transportation to and from the United States; or
(B) carries or seeks to carry the code of an air carrier.
(c) Authority.—
Notwithstanding subsections (a) and (b), the Administrator retains the ability to take immediate safety oversight actions if the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, as needed, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from such foreign country. In this event that the Administrator makes a determination under this subsection, the Administrator shall immediately notify the Secretary of State of such determination so that the Secretary of State may issue a travel advisory with respect to such foreign country.
(d) Public Notification.—
(1) In general.—
In any case in which the Administrator provides notification to a foreign country under subsection (b)(2), the Administrator shall—
(A) recommend the actions necessary to bring such foreign country into compliance with the international standards contained in the Chicago Convention;
(B) publish the identity of such foreign country on the website of the Federal Aviation Administration, in the Federal Register, and through other mediums appropriate to provide notice to the public; and
(C) brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the identity of such foreign country and a summary of any critical safety information resulting from an assessment described in subsection (a)(1).
(2) Compliance.—
If the Administrator finds that a foreign country subsequently corrects all outstanding noncompliances, the Administrator, after consulting with the appropriate civil aviation authority of such foreign country and notifying the Secretary of Transportation and the Secretary of State, shall take actions as necessary to ensure the updated compliance status is reflected, including in the mediums invoked in paragraph (1)(B).
(e) Accuracy of the IASA List.—
A foreign country that does not have foreign air carrier activity, as described in subsection (a)(1), for an extended period of time, as determined by the Administrator, shall be removed for inactivity from the public listings described in subsection (d)(1)(B), after informing the Secretary of Transportation and the Secretary of State.
(f) Consistency.—
(1) In general.—
The Administration shall use data, tools, and methods that ensure transparency and repeatability of assessments conducted under this section.
(2) Training.—
The Administrator shall ensure that Administration personnel are properly and adequately trained to carry out the assessments set forth in this section, including with respect to the standards, methodology, and material used to make determinations under this section.
(Added Pub. L. 118–63, title III, § 369(a), May 16, 2024, 138 Stat. 1137.)
heading: Editorial Notes
heading: References in Text
text: The Convention on International Civil Aviation, referred to in subsec. (a)(2)(B)(i), was done at Chicago on Dec. 7, 1944, and entered into force for the United States on Apr. 4, 1947.