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Order 2019-5-5 - Suspension of Air Service to and from Venezuela


Suspension of Air Service to and from Venezuela


OST-2019-0072

May 13, 2019

Re: Department of Homeland Security Letter

If it is determined that "(1) a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from [ a foreign] airport; and (2) the public interest requires an immediate suspension of transportation between the United States and that airport," all flights shall be suspended to and from that foreign airport.

have concluded that conditions in Venezuela threaten the safety and security of passengers, aircraft, and crew traveling to or from that country, and that the public interest requires an immediate suspension of all commercial passenger and cargo flights between the United States and Venezuela.

Although public notice of a suspension of air carrier rights is not required under 49 USC § 44907(e), I believe that providing such notice would be prudent and in the interest of informing the public. Accordingly, TSA will require aircraft operators to provide written notice to each passenger with a flight itinerary that originates in, transfers or transits through, or has a final destination of any airport in Venezuela, advising that conditions in Venezuela currently present a threat to the traveling public.

If and when the conditions in Venezuela change and TSA is able to assess airport security, we have agreed to revisit the above determination and the action taken under section 44907(e). Until further notice, however, we have agreed that the flight suspensions should remain in effect indefinitely.

By: Kevin McAleenan




Order 2019-5-5
OST-2019-0072

Issued May 14, 2019 | Served May 15, 2019

Order

The Acting Secretary of Homeland Security has submitted a letter to the Department detailing his findings regarding the security situation in Venezuela. The Department of Homeland Security has concluded that “conditions in Venezuela threaten the safety and security of passengers, aircraft, and crew traveling to or from that country, and that the public interest requires an immediate suspension of all commercial passenger and cargo flights between the United States and Venezuela.” Acting Secretary McAleenan has based his conclusion on a number of factors including:

(1) reports of civil unrest and violence in and around the airports; (2) the inability of TSA to gain access to Venezuelan airports to conduct required security assessments to ensure that adequate security measures are in place; (3) the current economic and political crisis in Venezuela; (4) cancellation of flights to the country by American Airlines, the largest air carrier providing service, and two other carriers; (5) the U.S. Department of State’s publication of Do Not Travel advisories, suspension of Embassy operations, and recommendation that Transportation Security Administration inspectors not enter the country owing to safety concerns; (6) the Federal Aviation Administration’s issuance of a Notice to Airmen on May 1, 2019, which prohibits all flight operations by US air carriers and commercial operators in Venezuela airspace below FL 260; and (7) the risk of Maduro regime actions against Americans and American interests located in Venezuela.

Based on these findings regarding current conditions in Venezuela by DHS, I agree that the public interest requires an immediate suspension of foreign air transportation between the United States and Venezuelan airports. Therefore, pursuant to section 44907(e), I am suspending the authority of all US air carriers and foreign air carriers to provide foreign air transportation to or from Venezuelan airports. Specifically, I am adding a condition to all US air carrier certificates and exemptions, as well as all foreign air carrier permits and exemptions, so as to preclude these US air carriers and foreign air carriers from operating to or from Venezuelan airports.

By: Elaine Chao

 


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