Aviation Safety: FAA and the State Department Can Better Manage Foreign Enforcement Cases
RCED-94-87
Published: Mar 17, 1994. Publicly Released: Apr 18, 1994.
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Highlights
Pursuant to a congressional request, GAO reviewed foreign air carriers' compliance with U.S. safety regulations, focusing on: (1) foreign governments' actions on enforcement cases referred by the Federal Aviation Administration (FAA); (2) FAA action on foreign government-referred enforcement cases; (3) foreign countries' enforcement system weaknesses and compliance with international safety standards; and (4) Department of Transportation (DOT) actions against foreign air carriers that violate departmental aviation regulations.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Transportation | The Secretary of Transportation should direct the Administrator, FAA, to determine the final disposition of enforcement cases referred to foreign governments. |
Closed – Implemented
FAA and State Department representatives conducted a series of negotiations that resulted in agreement on specific processes, procedures, and milestones for action on foreign enforcement cases. For example, the State Department will advise FAA within 90 days of any actions taken by the host government.
|
| Department of Transportation | The Secretary of Transportation should direct the Administrator, FAA, to inform foreign governments of the disposition of enforcement cases that they refer to FAA. |
Closed – Implemented
FAA issued a memorandum documenting the specific process, procedure and milestones for actions taken on foreign enforcement cases, thus satisfying the recommendation.
|
| Department of Transportation | The Secretary of Transportation should direct the Administrator, FAA, to raise to the International Civil Aviation Organization's attention the legal or policy impediments that affect FAA and foreign countries' enforcement capabilities. |
Closed – Implemented
FAA proposed a resolution to the International Civil Aviation Organization calling for greater attention to international enforcement actions. The resolution was unanimously adopted by member countries. It required contracting states to reaffirm their individual responsibility for safety under the convention and to review their national legislation implementing those obligations, thus fulfilling the intent of the recommendation.
|
| Department of State | The Secretary of Transportation and the Secretary of State should work together to reach agreement on the best way to facilitate FAA efforts to address regulatory violations, including: (1) developing direct contacts between FAA and foreign aviation authorities, where appropriate and when countries are willing to do so; (2) ensuring that foreign governments are apprised of violations in sufficient time to act within the appropriate statute-of-limitation period; and (3) following up to determine whether foreign governments addressed safety violations and ensuring that responses are communicated to FAA. |
Closed – Implemented
As a result of the recommendation, the State Department has established procedures that require embassy officials to follow up with foreign governments to determine the actions they plan to take on FAA enforcement case referrals. If the foreign governments have not responded to embassy officials within 180 days after the referral, FAA is to be notified so that it can determine the appropriate action to take.
|
| Department of Transportation | The Secretary of Transportation and the Secretary of State should work together to reach agreement on the best way to facilitate FAA efforts to address regulatory violations, including: (1) developing direct contacts between FAA and foreign aviation authorities, where appropriate and when countries are willing to do so; (2) ensuring that foreign governments are apprised of violations in sufficient time to act within the appropriate statute-of-limitation period; and (3) following up to determine whether foreign governments addressed safety violations and ensuring that responses are communicated to FAA. |
Closed – Implemented
As a result of the recommendation, the State Department has established procedures that require embassy officials to follow up with foreign governments to determine the actions they plan to take on FAA enforcement case referrals. If the foreign governments have not responded to embassy officials within 180 days after the referral, FAA is to be notified so that it can determine the appropriate action to take.
|
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Air transportationAirlinesCommercial aviationCrimesFines (penalties)Foreign governmentsInternational cooperationRegulatory agenciesSafety regulationSafety standards