Paul Gretch, Director
Edward Oppler, Deputy Director
Jeffrey Gaynes, Assistant Director for Regulatory Affairs
Mary Street, Assistant Director for Negotiations
John Kiser, Pricing and Multilateral Affairs Division Chief
Esta Rosenberg, U.S. Carrier Licensing Division Chief
George Wellington, Foreign Carrier Licensing Division Chief
Torlanda Archer, Special Authorities Chief

OFFICE FUNCTION

OFFICE MISSION: To develop, coordinate, and execute departmental international aviation transportation policy.

KEY OFFICE FUNCTIONS:

a. Provides policy advice and policy recommendations to the Assistant Secretary for Aviation on issues involving international civil aviation, including principal responsibilities for bilateral and multilateral aviation negotiations.

b. Serves as the Department’s representative at formal and informal bilateral
and multilateral air transportation negotiations and provides policy guidance and technical and analytical support to other United States agencies during the conduct of negotiations.

c. Maintains liaison and coordinates with Federal agencies, state and local
governments, airports, the airline industry, and other public and private
interests on international aviation transportation matters.

d. Reviews, processes, and disposes or recommends disposition of: (1) applications for U.S. air carrier certificates or amendments thereto under Section 41102 or 41108 of the Federal Aviation Act; (2) applications for foreign air carrier permits under Section 41302 of the Act; (3) applications for exemptions under Section 40109 of the Act; (4) fitness determination of foreign carriers; and (5) additional authorities related to the exercise of those cited, as well as authorities to perform charter flights (including code-share operations and wet-lease operations under Part 212 of the Department’s Regulations) to engage in inter modal cargo operations
( under Part 222 of the Department’s Regulations), to navigate foreign civil aircraft within the United States other than for common carriage (under Part 375 of the Department’s Regulations) and to commingle blind-sector traffic by foreign air carriers (under Part 216 of the Department’s
Regulations).

e. Reviews international fare, rate, and rules agreements and tariffs filings; maintains fare formulas required by statute or departmental policy. Coordinates on policies and operating standards for electronic tariff systems. These functions are carried out in conjunction with the Office of the General Counsel, where appropriate.

f. Coordinates with and advises components of the Office of the Assistant Secretary for Aviation, the Office of the Assistant Secretary for Transportation Policy, the Office of Intelligence and Security, the Office of the General Counsel, the Office of the Assistant Secretary for Governmental Affairs, the Research and Special Programs Administration, the Federal Aviation Administration, the Transportation Security Administration, and other U.S. and foreign government agencies in order to execute effectively the international aviation policy of the United States. Coordinated matters include, but are not limited to: negotiating positions and day-to–day implementation of international air transport agreements and resolution of bilateral and multilateral relations problems; legislation; regulatory policy; air cargo policy; unfair, deceptive, or discriminatory practices; aviation environmental protection; aviation security and safety; facilitation; airline marketing systems; narcotics customs and immigration enforcement; and national security measures. Monitors the activities of international bodies, such as the International Civil Aviation Organization, World Trade Organization, Organization for Economic Cooperation and Development, and Asia Pacific Economic Cooperation, that involve international aviation matters, and represents the Department on such bodies as appropriate.

g. Recommends action under and implements the International Air Transportation Fair Competitive Practices Act (IATFCPA).

h. Recommends action under and implements the provisions of Chapter 14 of the Code of Federal Regulations, Part 213 (14 CFR 213) to require, as necessary, the filing of schedules by foreign air carriers and to disapprove those schedules or portions thereof, where appropriate, as authorized under the provisions of the Part.

i. Initiates, develops, and coordinates and/or reviews departmental positions on legislative proposals involving international aviation.

j. Analyzes departmental and other data to support bilateral and multilateral aviation negotiations. Coordinates with the Research and Special Programs Administration and the Bureau of Transportation Statistics in the acquisition and maintenance of international data.

k. Develops and administers requirements imposed on direct and indirect air carriers, including bonding and escrow requirements. Administers registration of Canadian air taxi operators, and foreign air freight forwarders; reviews charter prospectuses filed by tour operators and processes requests for waivers of governing regulations.

l. Manages aviation technical assistance programs.

Negotiations Division

The negotiating staff of the Office of International Aviation plans and executes U.S. strategy for achieving an equitable, procompetitive operating environment for U.S. airline services between the United States and foreign countries. It develops and coordinates U.S. policy positions and conduct bilateral and multilateral negotiations with foreign aviation officials. The negotiators also are the principal U.S. Government liaison with the aviation industry and U.S. communities on international matters. These geographic specialists work with State Department officers here and in embassies abroad, and directly with foreign officials, to resolve day-to-day air carrier problems outside the formal negotiating process.

Pricing and Multilateral Affairs

The Pricing and Multilateral Affairs Division performs a variety of both regulatory and negotiating functions. The Division formulates the Department's policy on international aviation pricing issues and prepares and negotiates significant pricing provisions of bilateral and multilateral aviation agreements. Division analysts also conduct regulatory review of international fares and rates filed by U.S. and foreign air carriers to determine whether the proposed prices are consistent with public interest standards, Department rules and policy, and applicable international agreements. In addition, the Division performs cost analysis to determine the Standard Foreign Fare Level, a reference index of justifiable increases in airline charges which is required by the Title 49 of our governing statute. The staff also reviews intercarrier agreements, mostly fare and rate agreements filed by the International Air Transport Association (IATA), to determine whether they should be approved and given antitrust immunity. Division staff also provide analytical support for negotiating activities of the Office’s geographic units.

The Division also is responsible for managing aviation economic aspects of U.S. relations with a number of multinational organizations, including the International Civil Aviation Organization (ICAO), the European Civil Aviation Conference (ECAC), the Commission of the European Communities (EC), The Asia-Pacific Economic Cooperation (APEC), and the World Trade Organization (WTO). Division staff analyze aviation issues addressed by these organizations and represent the United States at multilateral meetings. This function is expanding significantly as these multilateral organizations become more deeply involved in issues that traditionally have been handled on a bilateral basis.

U.S. Air Carrier Licensing

The U.S. Air Carrier Licensing Division processes all requests by U.S. airlines for authority to serve specific foreign markets. The division uses simplified procedures to grant routine applications to serve countries with which a liberal aviation regime affords broad market access. Where rights are limited, show-cause or other hearing procedures are invoked to assure that all interested carriers are afforded an opportunity to apply, and that the best public-interest result is achieved. The division also considers applications for transfer of international authority among U.S. carriers.

Another significant area of the division's responsibilities is handling formal complaints filed by U.S. carriers seeking relief, under the International Air Transportation Fair Competitive Practices Act, from unfair or discriminatory treatment in foreign countries.

Foreign Air Carrier Licensing

This division handles all foreign air carrier applications for operating authority (except Canadian air taxi registration) and most retaliatory orders directed against foreign air carriers. Unlike the U.S. Air Carrier Licensing Division, which deals with air carriers whose fitness is determined from officially noticeable data, the Foreign Air Carrier Licensing Division performs fitness analysis of its applicants in addition to resolving the public interest issues.

Foreign carriers file docketed applications for foreign air carrier permits and long-term exemptions, and undocketed applications for short-term exemptions, charter statements of authorization (for all Fifth Freedom charters, certain Third and Fourth Freedom charters, long-term wet leases, blocked-space arrangements and code sharing), permits for foreign aircraft agricultural and industrial operations and other forms of authority. The Division also produces orders invoked to retaliate against unfair treatment of U.S. airlines abroad: orders imposing/rescinding Part 213 schedule filing requirements on foreign carriers, orders disapproving the schedules, and orders subjecting foreign carriers to Third and Fourth Freedom charter approval.

Special Authorities

The Special Authorities Division (SAD) administers and implements the provisions of 14 CFR Parts 212, 294, 297 and 380 to ensure that U.S. and foreign operators are in compliance with the department’s regulations. Specifically, SAD administers the bonding, escrow, and liability insurance requirements imposed on direct and indirect air carriers, Canadian air taxis and foreign air freight forwarders under the Department’s regulations. The division reviews charter prospectuses filed under the Department’s public charter rules, and processes the registration of foreign tour operators, foreign air freight forwarders and Canadian air taxis. The division also grants waivers from the governing regulations where appropriate and in the public interest.

Revised on December 06, 2006
Content provided by Paul Gretch, Director
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