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OST-2019-0072 - 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


 

Department of Homeland Security - Suspension of all Direct Commercial Passenger and Cargo Flights Between US and Venezuela

Issued May 24, 2019 | On File at Federal Register June 3, 2019

Notice of Suspension

This notice informs the public that the Department of Homeland Security has determined that conditions in Venezuela threaten the safety and security of passengers, aircraft, and crew, and that the public interest requires an immediate suspension of all commercial passenger and cargo flights between the United States and Venezuela. The US Department of Transportation concurred with this determination and has issued an Order suspending all foreign air transportation for passengers or cargo to or from any airport in Venezuela, effective May 15, 2019.

The Secretary of Homeland Security has determined that conditions in Venezuela threaten the safety and security of passengers, aircraft, and crew, and that the public interest requires an immediate suspension of air transportation. This determination is based on several prevailing factors, which include: (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 determine whether adequate security measures are in place; (3) the current economic and political crisis in Venezuela; (4) cancellation of flights to Venezuela by American Airlines, the largest air carrier providing service, and two other carriers; (5) the US Department of State’s publication of Do Not Travel advisories, suspension of Embassy operations, and recommendation that TSA 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 US citizens and US interests located in Venezuela. Following Secretary of State approval, DOT concurred with this determination and suspended foreign air transportation of passengers or cargo to or from any airport in Venezuela, effective May 15, 2019.

By: Kevin McAleeman


 

June 5, 2019

Application for an Exemption

Transcarga hereby requests an exemption from Department of Transportation Order 2019-5-5 dated May 14, 2019 to the extent necessary to enable it to engage in charter (non-scheduled) foreign air transportation of cargo and mail between a point or points in Venezuela, on the one hand, and a point or points in the United States of America, via intermediate points, initially including Caracas, and a point or points in the United States of America, initially including Miami, Florida, via the intermediate points of Panama City, Republic of Panama or Santo Domingo, Dominican Republic or Bogota, Republic of Colombia, in a total frequency of three initial flights per week; with no traffic rights between the intermediate points of PTY, SDQ or BOG and MIA, and vice versa.

This exemption authority would be for the public interest since the entirety of Transcarga’s cargo transported between Venezuela and the US consists on privately-originating and privately-destined cargo with main purposes of assisting the private sectors in Venezuela. Therefore, the denial of granting this relief would not only put in risk Transcarga’s US workforce and existence being the only 100% privately-owned Venezuelan air carrier whose main operation has been the US-Venezuelan market but, more importantly, would broadly affect the Venezuelan population and private sector, which, given the reduced options of air cargo carriers covering the route, were counting on Transcarga’s operations to deliver and receive cargo in Venezuela.

Counsel: Leire Mugarra, 305-526-0610

 

 


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