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OST-2002-12556

 


Designation of Agent for Service of Notice, Process, Orders, Decisions and Requirements

OST-2002-12555
OST-2002-12556
Served August 2, 2002 Notice Foreign/Domestic Designation of Agent for Service of Notice, Process, Orders, Decisions and Requirements

The Office of Aviation Enforcement and Proceedings has become aware that a number of U.S. and, particularly, foreign air carriers have failed to maintain an up-to-date designation of an agent for service of notice and process with the Department of Transportation, as required by 49 U.S.C. 46103. This information is very important in order for the Department to be able to contact carriers in an efficient manner in order to carry out its duties.

Pursuant to 49 U.S.C. 46103, each carrier and foreign air carrier shall designate an agent on whom service of notice and process in all proceedings before, and actions of, the Secretary of Transportation (or Administrator of the Federal Aviation Administration) may be made.

The Department has had problems informing carriers of new legislative requirements and policy positions of the Department. For example, in November 1996 and January 1998 this office needed to contact U.S. and foreign carriers, respectively, regarding new legislative requirements for family assistance plans in connection with aviation disasters. In attempting to provide such notice, we experienced difficulty in ascertaining the name and address of the current designated agent for all carriers. Some persons listed as agents with the Department no longer represented the earner being contacted. In addition, some of our mail was returned because the address of the agent was not current. These listings must be kept up to date. Carriers are reminded that failure to comply with the requirements of 49 U.S.C. 46103 subjects a carrier to civil penalties of up to $1,100 per violation and $1,100 for each day each violation continues, and they are warned that this office will pursue enforcement action in the future if carriers are non-compliant.

By:  Samuel Podsberesky


Refer to Individual Carriers for Designation of Agent 

 

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