The US Treasury Department's Office of Foreign Assets Control (OFAC) recently announced sanctions against Apollo Aviation Group LLC for violation of the then-effective Sudan Sanctions Regulations. The takeaway from the OFAC's Apollo decision is clear: aircraft lessors cannot rely on a boilerplate lease clause to protect them; rather, they must exercise pro-active vigilance over the products that they are leasing out, know their customers and in some cases know their customers' customers.
The US Department of Transportation (DOT) has issued a notice of proposed rulemaking to amend its regulations governing situations in which an aircraft remains on the airport tarmac without an opportunity for passengers to deplane for an extended period. Specifically, it proposes to change the departure delay exemption, carrier reporting requirements and record retention requirements, among others. Comments on the notice of proposed rulemaking must be filed with the DOT by 24 December 2019.
The Federal Aviation Administration (FAA) has begun the process of amending its regulations to require that flight attendants at US airlines receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less. Under the FAA's current regulations, a flight attendant who is scheduled for a duty period of 14 hours or less must be given a scheduled rest period of at least nine consecutive hours. Comments on the advance notice are due by 12 November 2019.
The Transportation Security Administration's (TSA's) new Action Plan Programme (APP), which recently went into effect, details an alternative framework for addressing security compliance issues. Rather than relying on traditional, penalty-focused civil enforcement action, the APP focuses on achieving a universally desired outcome – namely, increased aviation security. While the APP could prove beneficial to both the TSA and industry, it raises some areas of concern for airlines and other regulated parties.
The US Treasury Department's Office of Foreign Assets Control (OFAC) recently issued its Iran-Related Civil Aviation Industry Advisory. The advisory seeks to inform the civil aviation industry of potential exposure to US enforcement actions and economic sanctions for engaging in or supporting unauthorised exports to Iran or designated Iranian airlines. While no new restrictions have been announced, the advisory's publication could signal that the OFAC is taking a greater interest in the Iranian aviation sector.