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Portugal is one of 78 countries rated FAA IASA Category 1. Five others are in Category 2.
Two years after its most recent major revamp and 32 years after the program was launched, the U.S. FAA plans to revise aspects of its foreign civil aviation authority audit program.
The agency in mid-August suspended a September 2022 policy change to its International Aviation Safety Assessment (IASA) program, citing a lack of clarity among stakeholders, and recommended a few updates. But unlike the previous changes, the latest proposed revamp will go through a public comment process before final adoption.
The proposed new policy drops what the FAA termed an “informal” engagement process introduced two years ago. Under the process, countries and their respective civil aviation authorities that are at risk of being downgraded could, after consultation with the FAA, address risks before the U.S. agency launches a formal IASA audit.
The policy does, however, recommend a 90-day window for foreign civil aviation authorities with audit findings to develop plans to mitigate their noncompliances.
“If the FAA determines that the foreign [civil aviation authority] has not corrected its oversight deficiencies after the conclusion of the final discussion, the country will . . . receive an official determination of Category 2 status,” the proposed rule states.
Under IASA’s purview, the FAA audits civil aviation authorities with operational links to the U.S.—either direct flights by an airline they oversee or codeshare flights between a U.S. carrier and one of their certificate holders. Audits are done based on International Civil Aviation Organization (ICAO) standards that countries have agreed to follow, focusing on eight areas, including: aviation legislation; operating regulations, organization structure and safety oversight functions; technical staff qualification and training; technical guidance; certification personnel and procedures; surveillance obligations; and resolution of safety issues.
FAA auditors review each area, focusing on how it applies to airlines operating the flights that prompted the reviews, not necessarily the civil aviation authority’s overall effectiveness. Countries are placed into two general categories based on audit results: Category 1 signifies compliance; noncompliance in any element subjects a country to a Category 2 rating.
Category 1 signifies a country complies with agreed-upon ICAO standards based on an IASA audit. Category 2 countries do not comply, and their airlines face operational restrictions on routes that include U.S. destinations.
The FAA’s proposed update introduces Category 1* alongside the existing Category 1. The asterisk signifies that a country “has been notified through official channels for a reassessment based on identified risks of possible noncompliance with ICAO standards,” the policy document states. “The asterisk . . . will be removed once a reassessment is complete and the country either retains its Category 1, or the country is assessed as not meeting ICAO standards and is subsequently assigned a Category 2 rating.”
Under the September 2022 policy, once the FAA determined a reassessment of a country’s Category 1 rating was necessary, levels of direct service to the U.S. as well as codesharing between U.S. carriers and airlines from the affected country were frozen. Before then, the limits were not put in place until the reassessment was complete. The proposed policy drops the 2022 change, but the FAA’s update does not detail any of the concerns expressed with the 2022 policy changes.
“The Sept. 28, 2022, policy statement . . . (now suspended) announced certain changes to the IASA program and provided clarification to other aspects of the IASA policy,” the August FAA document states. “Since that publication, the FAA and [U.S. Transportation Department] have received inquiries and questions that warrant reassessment of those changes and clarifications and an opportunity for public comment before they are adopted permanently.”
The Transportation Department’s Office of Inspector General (OIG) was concerned enough about the IASA program’s direction to launch a formal review this year.
“The FAA has recently made changes to IASA program policies, including clarifications intended to promote greater transparency and enhance engagement with [civil aviation authorities] through pre- and post-IASA assessments,” the OIG said in a January announcement. “However, it remains uncertain how these changes impact the program’s ability to oversee foreign [civil aviation authorities’] policies and verify that the foreign [civil aviation authorities] are in continued compliance with ICAO standards.” The review is ongoing.
Meanwhile, the FAA is accepting public comments on its proposed IASA changes. Comments can be filed online at regulations.gov/commenton/FAA-2013-0259-4037.
