Aviation Law Prof Blog

ICAO Council Approves Draft Emissions Agreement

The ICAO Council has reportedly signed off on a draft of the climate change mitigation plan the organization intends to submit to the upcoming 2016 Assembly. Full details of the plan have not been made public, and are reportedly still being finalized. According to Bloomberg News, participation in the plan, which enters into effect in 2020, will be voluntary for the first six years. It is hoped that the plan will garner sufficient support to cover approximately 80 percent of emissions from international flights worldwide.

Part 107, New U.S. Small UAS Rule, Now in Effect

The FAA's new rule, known as Part 107, permitting small UAS use under specified conditions took effect today. The final rule was announced in June. Testing centers are now open for operators to begin the process of applying for a remote pilot certificate. Operators can also begin applying for authorization to operate in various classes of controlled airspace, but authorizations are note expected to be approved before October.

Etihad's Minority Ownership in Air Serbia Found Compliant with Ownership and Control Rules

Air Transport World Online reported earlier this week that the European Commission has  completed its investigation into Etihad Airways' 49 percent stake in Air Serbia and determined the relationship is consistent with EU requirements limiting foreign ownership and control of EU carriers. Etihad has been aggressively investing in EU carriers over the past few years, in multiple cases purchasing up to the maximum 49 percent stake permitted to foreign investors. Recently, observers have wondered if Etihad may be pushing the boundaries of the EU rules by effectively controlling the operations of EU carriers through ownership of substantial minority stakes. The conclusion of this investigation suggests the EC does not see a legal case to be made. The EC is also in the process of rewriting its ownership and control rules, so it may be postponing any difficult fights until they can be litigated under the new policy.

Indonesia Upgraded to Category 1

The United States Federal Aviation Administration has reportedly granted Indonesia a Category 1 rating after nearly a decade as a Category 2 state. Under the International Aviation Safety Assessment (IASA) program, the U.S. government evaluates the national aviation authorities of foreign states for their ability to oversee airlines and aviation operations that are compliant with international safety standards. Category 1 states are considered to be in compliance with international standards while Category 2 states are either deficient or lack the resources or legal framework to adequately insure compliance. The improvement in status will allow Indonesian carriers to expand operations to U.S. markets and to pursue previously restricted cooperative arrangements with U.S. carriers.