Order 2021-6-15 UNITED STATES of AMERICA DEPARTMENT of TRANSPORTATION OFFICE of the SECRETARY WASHINGTON, D.C

Order 2021-6-15 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on the 29th day of June, 2021 Served: June 29, 2021

In re:

PROHIBITION OF THE SALE OF U.S.- Docket DOT-OST-2021-0074 BELARUS PASSENGER AIR TRANSPORTATION

ORDER TO SHOW CAUSE

By this Order, the U.S. Department of Transportation (the Department) has tentatively decided to prohibit the sale of passenger air transportation, including air transportation on an interline basis, between the United States and Belarus, except for any transportation deemed to be in the national interest of the United States, including on humanitarian or national security grounds.

The Department is taking this action at the request of the U.S. Department of State. By letter dated June 28, 2021, Secretary of State Antony J. Blinken wrote to Secretary of Transportation Pete Buttigieg, stating:

In light of the Government of Belarus’ diversion of Ryanair flight 4978 on May 23, 2021, and pending the final outcome of an investigation of the incident by the International Civil Aviation Organization, it is in the foreign policy interests of the United States to limit transportation between the United States and Belarus.

Accordingly, I respectfully request the Department of Transportation prohibit the sale of passenger air transportation, including air transportation on an interline basis, between the United States and Belarus until further notice, except for any transportation deemed to be in the national interest of the United States, including on humanitarian or national security grounds.1

Accordingly, the Department tentatively finds that it is in the public interest to condition the authority of all U.S. and foreign carriers to the extent necessary to prohibit the sale of passenger air transportation, including air transportation on an interline basis, between the United States and Belarus as set forth in this Order.

1 The full text of the letter is attached as an Appendix to this Order. Specifically, the Department proposes to add a condition to all existing and future U.S. air carrier certificates and exemptions, as well as all foreign air carrier permits and exemptions, to prohibit the sale of passenger air transportation, including air transportation on an interline basis, between the United States and Belarus. This prohibition would include sales for flights operated directly and indirectly by U.S. air carriers and foreign air carriers pursuant to certificates issued under 49 U.S.C. § 41102, foreign air carrier permits issued under 49 U.S.C. § 41302, and U.S. and foreign air carrier exemptions granted under 49 U.S.C. § 40109. This prohibition would also apply to sales for flights operated directly and indirectly by U.S. air taxi and commuter air carrier operators pursuant to exemptions granted under 14 CFR § 298.11, to Canadian charter air taxi operators pursuant to exemptions granted under 14 CFR § 294.10, and to all other passenger air transportation operated under exemptions whether granted by regulation or by specific Department action.2

The Department proposes that the condition will become effective immediately upon the issuance of a final order in this matter. We will afford interested parties two business days from the date of this order to file objections to our tentative decision.

ACCORDINGLY,

1. The Department tentatively amends all U.S. air carrier certificates issued under 49 U.S.C. § 41102, and all exemptions from section 41102 to add the following condition as described in the text of this order:

Effective immediately, and until further order of the Department, the holder and its agents are prohibited from the sale of passenger air transportation, including air transportation on an interline basis, between the United States and Belarus, except that nothing in this condition shall preclude the operation of any transportation deemed to be in the national interest of the United States, including on humanitarian or national security grounds.

2. The Department tentatively amends all foreign air carrier permits issued under 49 U.S.C. § 41302, and all exemptions from section 41302 to add the following condition as discussed in the text of this order:

2 The prohibition would apply to sales of passenger flights between the United States and Belarus, whether the flights would be operated directly or indirectly, including flights that would operate nonstop from the United States, or involving third-country intermediate, behind, or beyond points, including any service provided on an interline basis. The Department will not look favorably upon operations that seek to evade the requirements of this Order. The Department reserves the right to pursue those involved in such operations through enforcement action.

3. The Department directs any interested parties having objections to its tentative findings and conclusions set forth in this Order and in ordering paragraphs 1 and 2 above to file their objections, in the above-captioned docket, with the Department’s Docket Section, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, S.E., Washington, DC, 20590, no later than two (2) business days from the date of service of this Order;

4. If timely and properly supported objections are filed, the Department will afford full consideration to the matters or issues raised by the objections before taking further action;

5. In the event no objections are filed, all further procedural steps shall be deemed waived, and the Department will enter an order which will (subject to Presidential review under §41307 of Title 49 of the U.S. Code) make final our tentative findings and conclusions set forth in this order; and

6. The Department will serve this Order on all U.S. air carriers holding certificates of public convenience and necessity; all foreign air carriers holding permits; all other U.S. and foreign carriers holding Department authority under which they might perform international passenger air transportation and which have electronic mail addresses currently on file with the Department; the Embassy of Belarus in Washington, DC; the Federal Aviation Administration; the Transportation Security Administration; and the U.S. Department of State.

By:

Carol A. (Annie) Petsonk Deputy Assistant Secretary for Aviation and International Affairs (SEAL) An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

Appendix