Order 99-1-14 - Sobelair, S.A./N.V. - Violations of 49 U.S.C. 41708

Order 99-1-14

Sobelair, S.A./N.V.

Order 99-1-14	Issued and Served January 28, 1999	Consent Order	Violations of 49 U.S.C. 41708 \| Cease and Desist from Future Violations
		Attachment

The Department uses carriers' reports to monitor carrier fitness and ownership, to analyze the effects of air transportation industry policy initiatives, to allocate airport development funds, to forecast traffic, and to develop airport and airway traffic policy. In mitigation, Sobelair acknowledges that it did not file the required reports. It attributes its failing to do so to a misunderstanding between itself and its corporate parent as to which entity would file the reports. As a result of this incident, it has clearly assigned the reporting responsibility to a specific department within its own organization. It has not conducted any operation to or from the United States since October 17, 1997, but it states that it will comply with all reporting requirements and with the Department's request that the Office of Airline Information be informed in advance of the resumption of charter operations to and from the United States. In addition, Sobelair points out that when the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings (Enforcement Office) brought Sobelair's delinquencies to the attention of the carrier's counsel, Sobelair took immediate action toward bringing the carrier's reporting into compliance. Sobelair consents to the issuance of an order to cease and desist from future violations of 49 U.S.C. 41708 and Parts 217 and 250 of the Department's regulations and to the assessment of $15,000 in compromise of potential civil penalties. Of this total penalty amount, $7,500 shall be due and payable within 15 days of the issuance of this order. The remaining $7,500 shall be suspended for one year following the issuance of this order, and then forgiven, unless Sobelair violates this order's cease and desist provision within that one-year period, or fails to comply with the order's payment provisions, in which case the entire unpaid portion of the $15,000 penalty shall become due and payable immediately, and the carrier may be subject to further enforcement action.

By: Rosalind Knapp, Deputy General Counsel