Eurofly S.p.A.

Order 2007-10-25
OST-2007-26781 - Violations of 49 USC 41705 and 14 CFR Part 382

Issued and Served October 22, 2007

Consent Order

Foreign air carriers are required to submit information only with respect to disability-related complaints associated with any flight segment originating or terminating in the United States. The first annual report covering calendar year 2004 was due on January 25, 2005. The second such report covering calendar year 2005 was due on January 30, 2006, and the third report covering calendar year 2006 was due on January 29, 2007.

Eurofly asserts that it has always endeavored to comply with all applicable U.S. rules and regulations and that its failure to file the reports in question was wholly inadvertent. Eurofly states more specifically that it did not become aware of the reporting requirement because of its limited operations and lack of presence in the U.S. market at the time that the annual reporting requirement for 2004 became effective in early 2005. Eurofly explains that it only operated 12 charter flights to the U.S. from June through August 2004, with no U.S. staff, thus missing the notification from the Department to registered carriers in late 2004. Eurofly assures the Department that upon learning of this reporting requirement it immediately took steps to ensure that the company will submit future reports on time.

Eurofly is assessed $20,000 in compromise of civil penalties that might otherwise be assessed for the violations found in ordering paragraphs 2 and 3 above. Of this amount, $5,000 shall be due and payable within 30 days of the service date of the order, and an additional $5,000 shall be due and payable within 60 days of the service date of the order.

By: Rosalind Knapp