FAA DOWNGRADES INDIA’S AVIATION SAFETY RATING

February 5, 2014

On February 4, 2014, the Federal Aviation Administration (FAA) downgraded India’s aviation authority from Category 1 to Category 2.  The Category 2 designation indicates that the Indian aviation authority, the Directorate General of Civil Aviation, is unable to meet ICAO standards.  As a result, Indian air carriers will be prohibited from initiating new service into or out of the U.S. or increasing existing service, and will be subject to additional FAA scrutiny when operating in the U.S. The FAA premised the downgrade on inadequate oversight provided by Indian regulators.  The FAA had launched an investigation into the oversight of the Directorate General of Civil Aviation in late 2013 and had provided several warnings that a downgrade might occur if changes were not made. The Indian government has stated that the concerns raised by the FAA will be resolved by March 2014 and expressed hope that a review of the decision would be possible.  Eleven other national aviation authorities are also currently classified as Category 2, including those of the Philippines, Indonesia and Bangladesh.  The FAA had recently issued warnings to authorities in Saudi Arabia and the United Arab Emirates of potential downgrades; however those countries were able to effectively resolve the deficiencies before official action was required. Several U.S. airlines, including United Air Lines, have already announced plans to suspend existing codeshare flights with Indian carriers.  Experts do not anticipate, however, that the downgrade will impact the efforts of Air India to join the Star Alliance in mid-2014. This Eckert Seamans Aviation Blog is intended to keep readers current on matters affecting businesses and is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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