CHAPTER 2. UNITED STATES AVIATION AND THE ICAO
2-1. BACKGROUND. An understanding of oceanic operations requires having knowledge of the ICAO and U.S. involvement with this organization. This background is necessary to understand the relationship between U.S. and international policy. World War II had a major impact on the technical development of aircraft, compressing 25 years of peacetime development into 6 years. There were many political and technical problems to resolve in support of a world at peace. Safety and regularity in air transportation made it necessary for airports to install Navigational Aids (NAVAID) and weather reporting systems. Standardization of methods for providing international services was vital to preclude unsafe conditions caused by misunderstanding or inexperience.
a. Standards. ICAO established standards for air navigation, air traffic control (ATC), personnel licensing, airport design, and many other important issues related to air safety.
Questions concerning the commercial and legal rights of developing airlines to fly into and through the territories of another country led the United States to conduct exploratory discussions with other allied nations during early 1944. On the basis of these talks, allied and neutral states received invitations to meet in Chicago in November 1944. The outcome of this Chicago Convention was a treaty requiring ratification by 26 of the 52 states that met. By ratifying the treaty, contracting states agreed to pursue certain stated objectives, assume certain obligations, and establish the international organization that became known as ICAO.
b. Member of ICAO. As a charter member of ICAO, the United States has fully supported the organization’s goals from its inception and especially concerns itself with technical matters. Through ICAO, the United States works to achieve the highest level of standards and procedures for aircraft, personnel, airways, and aviation services throughout the world. At the same time, the United States depends upon ICAO to oversee that navigation facilities, airports, weather, and radio services provided by other nations meet international standards. Through active support and participation in ICAO, the Federal Aviation Administration (FAA) strives to improve worldwide safety standards and procedures.
c. Memorandum of Agreement (MOA) with Foreign Country. The FAA also provides technical assistance to other nations when needed. The FAA has multiple agreements with numerous foreign countries to provide technical assistance in areas such as flight inspection, training, air traffic development, loan of equipment, NAVAIDs, and supply support. MOAs detail the specific terms of these arrangements. These MOAs include descriptions of services, special conditions, financial provisions, liability information, effective dates, termination dates, and other information required for particular situations. On behalf of the FAA, the Associated Administrator of International Aviation negotiates and signs the agreements involving international activities.
2-2. ICAO AND THE ICAO ANNEXES.
a. ICAO Objectives. The objectives of ICAO are to develop the principles and techniques of international air navigation and to foster the continued development of international air transportation.
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b. Privileges and Obligations of Member States. Ratifying the Convention obligated member states to abide by “certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner, and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically.” Ninety-six articles, created and accepted at the Convention, established the privileges and obligations of the member states.
c. Organizational Structure. The United Nations (UN) recognizes ICAO as a specialized agency for international civil aviation. ICAO is not subordinate to, and does not receive any line-of-command authority from, the UN.
d. ICAO Publications. Annual editions of the “Catalogue of ICAO Publications and Audio-Visual Aids” contain more complete descriptions of these and other ICAO publications.
Contact ICAO at the following address for available editions of this catalog and other ICAO publications:
International Civil Aviation Organization (ICAO) 999 University Street, Montréal, Quebec H3C 5H7, Canada Tel.: +1 514-954-8219 Fax: +1 514-954-6077 SITATEX: YULCAYA E-mail: icaohq@icao.int ICAO home page: www.icao.int
(1) The ICAO Journal. ICAO publishes this document eight times annually and contains articles and a digest of ICAO meetings and activities from the previous period.
Semi-annually, it contains a table showing the status of all ICAO publications involving air navigation.
(2) Final Reports of Meetings. The final reports of divisional, regional, and panel meetings include the proceedings and recommendations of each meeting. These recommendations are not effective until reviewed by the Air Navigation Commission (ANC) or another appropriate committee and approved by the Council. Approved recommendations are separately referred as appropriate for the affected states for implementation.
(3) Annexes to the Convention. The 18 ICAO Annexes to the Convention contain the International Standards and Recommended Practices (ISARP) adopted by the Council.
Paragraph 2-2, subparagraph f of this chapter contains a list of the 18 Annexes with a brief description of their subject matter.
(4) DOC 4444–Procedures for Air Navigation Services (PANS). Normally developed by the ANC and based on recommendations of divisional or panel meetings, PANS are intended to amplify, in more detail, the Standards and Recommended Practices (SARP) in ICAO Annexes in certain fields. To date, PANS exist for Procedures for Air Navigation Services Aircraft Operations (PANS-OPS), Procedures for Air Navigation Services–air traffic management (PANS-ATM), and ICAO abbreviations and codes (PANS-ABC).
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(5) Regional Supplementary Procedures (SUPPS) (ICAO Document 7030).
Published as Supplementary Procedures, certain procedures apply only in specific regions. A Supplementary Procedure can explain and amplify, but cannot conflict with, international standards. For convenience, a single document includes all SUPPS and group together similar procedures applicable to two or more regions. This document contains maps that identify the extent of each region and a listing of the flight information regions (FIR) included within each region.
(6) Manuals. The intention of these technical publications is to facilitate states’ implementation of SARPs by providing more detailed guidance and information (e.g., Airport Planning Manual and Manual of Procedures for Operations Certification and Inspection).
(7) ICAO Circulars. The Secretary General issues ICAO Circulars to make specialized information available to contracting states. The Council does not adopt or approve this information. Circulars include studies of statistics, summaries of treaties or agreements, analyses of technical documents, and studies of technical subjects.
e. ISARPs. Since ICAO’s inception, a main technical feature of the organization has been operational standardization of safe, regular, and efficient air services. This has resulted in high levels of reliability in the many areas that collectively shape international civil aviation, particularly with respect to aircraft, flightcrews, and ground-based facilities and services. ICAO achieved standardization through the creation, adoption, and amendment of Annexes to the Convention on International Civil Aviation, identified as ISARPs. Standards are directives that ICAO members agree to follow. If a member has a standard different from an ICAO standard, that member must notify ICAO of the difference. Recommended practices are desirable practices but not essential. The basic criterion for deciding whether a particular issue should be a standard is an affirmative answer to the question, “Is uniform application by all contracting states essential?” The applicability of a standard may be subject to certain conditions relating to such areas as terrain, traffic density, stages of flight, and climate. Any contracting state, however, should apply a standard when encountering specified conditions unless the contracting state notifies ICAO of a difference and publishes this difference in its Aeronautical Information Publication (AIP).
f. ICAO Annexes. Through international agreements, the Annexes contain adopted standards and recommended practices. The following are descriptions of the 18 Annexes:
(1) Annex 1, Personnel Licensing. Provides information on licensing of flightcrews, air traffic controllers, and aircraft maintenance personnel including medical standards for flightcrews and air traffic controllers.
(2) Annex 2, Rules of the Air. Contains rules relating to conducting visual and instrument flight.
(3) Annex 3, Meteorological Service for International Air Navigation. Provides for meteorological services for international air navigation and reporting of meteorological observations from aircraft.
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(4) Annex 4, Aeronautical Charts. Contains specifications for aeronautical charts used in international aviation.
(5) Annex 5, Units of Measurement to be Used in Air and Ground Operations.
Lists dimensional systems used in air and ground operations.
(6) Annex 6, Operation of Aircraft. Enumerates specifications to ensure a level of safety above a prescribed minimum in similar operations throughout the world.
(7) Annex 7, Aircraft Nationality and Registration Marks. Specifies requirements for registration and identification of aircraft.
(8) Annex 8, Airworthiness of Aircraft. Specifies uniform procedures for certification and inspection of aircraft.
(9) Annex 9, Facilitation. Provides for the standardization and simplification of border crossing formalities.
(10) Annex 10, Aeronautical Telecommunications. Volume 1 provides for standardizing communications equipment and systems. Volume 2 standardizes communications procedures.
(11) Annex 11, Air Traffic Services. Includes information on establishing and operating air traffic control (ATC), flight information, and alerting services.
(12) Annex 12, Search and Rescue. Provides information on organization and operation of facilities and services necessary for Search and Rescue (SAR).
(13) Annex 13, Aircraft Accident and Incident Investigation. Provides for uniformity in notifying, investigating, and reporting on aircraft accidents.
(14) Annex 14, Aerodromes. Contains specifications for the design and equipment of aerodromes.
(15) Annex 15, Aeronautical Information Services. Includes methods for collecting and disseminating aeronautical information required for flight operations.
(16) Annex 16, Environmental Protection. Volume 1 contains specifications for aircraft noise certification, noise monitoring, and noise exposure units for land-use planning.
Volume 2 contains specifications for aircraft engine emissions.
(17) Annex 17, Security: Safeguarding International Civil Aviation Against Acts of Unlawful Interference. Specifies methods for safeguarding international civil aviation against unlawful acts of interference.
(18) Annex 18, The Safe Transport of Dangerous Goods by Air. Contains specifications for labeling, packing, and shipping dangerous cargo.
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g. AIP. Each state is responsible for developing an AIP that satisfies international requirements for the exchange of aeronautical information essential to air navigation. Each AIP contains information on air traffic, airports, NAVAIDs, special use airspace, weather, and other data vital to flightcrews coming into or flying through the airspace of a particular state. Each AIP should provide information that is adequate, accurate, timely, and designed for in-flight use.
AIPs contain lists of significant differences between the national regulations and practices of the state and ICAO standards, recommended practices, and procedures. The FAA issues Notices to Airmen (NOTAM) when information is temporary or an AIP amendment cannot quickly make it available.
2-3. U. S. PUBLIC LAW, INTERNATIONAL AGREEMENTS, AND STANDARDS RELATED TO AIR NAVIGATION.
a. The Federal Aviation Act of 1958, as Amended (The FA Act). The FAA authority and responsibilities related to air navigation and navigation systems, practices, and procedures originate in the FA Act. Two important sections of the Act, which recodified into Subtitle VII, Aviation Programs, in Title 49 of the United States Code (49 U.S.C.), are sections 307 and 601.
Section 307 of the FA Act states that, “The Secretary of Transportation is authorized and directed to develop plans and formulate policy with respect to the use of the navigable airspace;
and assign by rule, regulation, or order the use of the navigable airspace under such terms, conditions, and limitations (operational procedures and navigation performance requirements) as he/she may deem necessary in order to ensure the safety of aircraft and the efficient utilization of such airspace.” Section 601 of the FA Act empowers the Secretary of Transportation to, “promote safety of flight of civil aircraft in air commerce by prescribing and revising from time to time, minimum standards and reasonable rules and regulations, governing the performance of aircraft and appliances (navigation performance and navigation systems) as may be required in the interest of safety or minimum standards, governing other practices, methods, and procedure necessary to provide adequately for national security and safety in air commerce.”
b. Protection of Persons and Property. The need to ensure protection of persons and property, both during flight and on the ground, is fundamental to Title 14 of the Code of Federal Regulations (14 CFR). Design and performance requirements in aircraft certification rules provide this protection. The operating and equipment rules related to air navigation also extensively address this protection. It is important that the regulations provide this protection equally to persons and property both during flight and on the ground. Approvals of routes and areas of en route operation must take into account the need to protect persons and property on the ground as well as during flight.
c. Equipment Redundancy. Each airplane must have enough appropriate navigation equipment installed and operational to ensure that, if one item of equipment fails at any time during the flight, the remaining equipment is sufficient to enable navigation to the degree of accuracy required for ATC. Additionally, failure of any single unit required for communication and navigation purposes (or both) must not result in the loss of another required unit.
d. Relationship Between 14 CFR, ICAO SARPs, and National Regulations. The FA Act is the authority for 14 CFR. Title 14 CFR represents the regulatory implementation of the responsibilities assigned by the FA Act and the implementation of the principles derived from
the ICAO Convention. The following subparagraphs discuss the relationship between 14 CFR, ICAO SARPs, and foreign national regulations.
(1) Operation Regulations for 14 CFR Part 101 and 103 Aircraft. Title 14 CFR part 91 regulates the operation of aircraft other than moored balloons, kites, unmanned rockets, and unmanned free balloons governed by 14 CFR part 101, and ultralight vehicles operated in accordance with 14 CFR part 103. The following are examples of part 91 regulations applicable outside the United States:
• Part 91, §§ 91.703(a)(1) and (a)(2) require each person operating a U.S.-registered aircraft to comply with ICAO Annex 2 when over the high seas and to comply with the regulations of a foreign country when operating within that country’s airspace.
• Section 91.703(a)(3) requires compliance with § 91.703 when not in conflict with the regulations of a foreign nation or Annex 2 of the Convention on International Civil Aviation.
• Sections 91.703(a)(4), 91.705, and appendix C specify regulatory requirements and minimum standards for operation in NAT/MNPS airspace. Section 91.706 and appendix G specify regulatory requirements and minimum standards for operating in airspace designated as Reduced Vertical Separation Minimum (RVSM) airspace.
(2) Applicable Rules for Operations. Operations under § 135.3(a)(1) require compliance with the applicable rules of that chapter while operating within the United States.
Section 135.3(a)(2) specifies that while operating outside of the United States, operators must comply with the following:
• Annex 2.
• Rules of a foreign country when operating within that country.
• All the regulations of 14 CFR parts 61, 91, and 135 that are more restrictive than Annex 2 or regulations of a foreign country when compliance with these U.S. regulations would not violate requirements of Annex 2 or the foreign country.
(3) Operating in a Foreign Country. Operations under 14 CFR part 121, § 121.1 requires compliance with that part while operating within or outside the United States.
Section 121.11 specifies that these operators, when operating within a foreign country, must comply with the air traffic rules of the country concerned and any local airport rules that may be in force. Section 121.11 also requires you to follow all rules of part 121 that are more restrictive than a foreign country’s rules if it can be done without violating the rules of that country.
Additionally, air carriers operating under part 121 must comply with Annex 2 when over the high seas, according to § 91.1.
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CHAPTER 3. OCEANIC, INTERNATIONAL, AND REMOTE OPERATIONS
3-1. INTRODUCTION.
a. References. It is imperative that all pilots planning an oceanic flight become familiar with the appropriate sections of Title 14 of the Code of Federal Regulations (14 CFR), some of which are in this advisory circular (AC). Additionally, pilots should familiarize themselves with the information contained in Notices to Airmen (NOTAM), the International Flight Information Manual (IFIM), Aeronautical Information Publication (AIP), International Civil Aviation Organization (ICAO) Annexes, and regulations of the foreign countries over which they intend to fly. In addition, pilots must consider customs procedures, cultural considerations, entry, overflight procedures, and immunization requirements. The Federal Aviation Administration (FAA) Web site, www.faa.gov, publishes all of these documents either directly or through a link to ICAO documentation.
b. Legal Basis for International Operations. During oceanic flights, pilots must adhere to the U.S. regulations, ICAO Standards and Recommended Practices (SARP), and the regulations of the nations that they overfly or in which they land. Annex 2, Rules of the Air, specifically covers flight regulations for oceanic operations. Title 14 CFR part 91, § 91.703 ensures that the Rules of the Air are binding to operators of U.S.-registered aircraft operating outside the United States, and it is the aviation authority’s (AA) responsibility to ensure that pilots of U.S.-registered aircraft comply with these regulations.
c. Information Sources. Member states follow ICAO SARPS by publishing statistical aeronautical information in the AIP for a flight information region (FIR). The AIP is the state’s official publication that defines and describes the airspace, aeronautical facilities, services, and national rules and practices pertaining to air traffic. AIPs are available through the aviation departments of the publishing country. International NOTAM information is available from the U.S. International NOTAM Office.
d. Precautions. The FAA advises operators to ensure full compliance with each country’s requirements in advance. This ensures that all flights into, from, or over foreign territories comply with that territory’s regulations. Give particular attention to the permissibility of night flights and operations between sunset and sunrise. They should also consider the hours during which customs, immigration, and other services are operational. You may obtain information on a country’s normal work week from the U.S. Embassy. All countries require some form of advance notification of arrival. You should send an advance notification to permit processing and response if there is no specification regarding the number of days or hours. Pilots should carry a copy of the advance notification as well as confirmation that the notification was sent. This is particularly important for countries that do not normally return approvals. Operators should ensure that all required entry documents are available for presentation upon arrival and may need multiple copies of the following documents:
• Ownership papers.
• Management specifications (MSpecs)/operations specifications (OpSpecs)/letters of authorization (LOA).
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• General declarations.
• Passenger and cargo manifests.
• Licenses.
• Crewmember certificates.
• Logbooks.
• Radio licenses.
• Detailed insurance information.
e. Departure. Operators should determine the availability, types, and duration of visas, tourist cards, and other entry documents before departure. Some countries require that a traveler have a visa for the next country of entry before departure as well as proof of required immunizations for that country. You can obtain this information from the U.S. Embassy. Aircraft that remain within the territorial limits of a country for an extended period of time may become subject to import regulations and impoundment. Operators should determine in advance the number of days that an aircraft may remain in any country where the aircraft will land. For a large amount of the information needed for ICAO states, see the International Flight Information Web site (http://www.faa.gov/air_traffic/publications/ifim).
f. Planning. Adequate planning and training are the keys to a successful international flight, whether it is an airline or a single-engine light aircraft. The lead time required for planning varies with the experience and training background of the crew and the amount of assistance available from a company dispatcher or a planning agency. Planning can never start too early and should be done with at least 30 days lead time. Experienced crews flying the same route on a regular basis can reduce planning time significantly, but a new crew or a crew flying a new route should adhere to the 30-day recommendation. Many crews use planning agencies for flight planning as they only provide the information that is requested and not responsible for errors.
The pilot in command (PIC) is ultimately responsible for the operation of the aircraft. A planning agency may cause an error, but the PIC is the responsible party. Some crews prefer to do their own planning, or do so for economic reasons. The following information is provided to assist in planning an oceanic operation.
g. Preflight Considerations. Operators planning international flights should complete the following tasks:
• Research the IFIM.
• Arrange all aircraft and personnel handling if the flight lands in several countries.
This is extremely important if there are multiple passengers on the aircraft. It is advisable to look at each of the countries’ AIP to determine information such as visa requirements, landing permits required, and other pertinent data.
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• Ensure that the correct grade of fuel is available at the planned arrival points.
• Prepare flight plan/logs and international flight plans. Ensure that the crew has all of the paperwork required for passengers and crew. Obtain and complete the following required documents:
• General declarations.
• Passenger/cargo manifests.
• Passenger passports, visas (if required), and health cards.
• Crew lists with certificate information, medical data, and passport.
• Contact customs.
• Complete the checklist and carefully review each of the items to ensure that all items are complete. A sample checklist is included in Appendix 2.
h. Itinerary Preparation. Preparing the itinerary is one of the most important aspects of an international flight. Experienced international operators often observe that the most difficult, but important, part of an international flight takes place before the aircraft departs. Here are some questions that a preflight planner must consider:
• What is the route, altitude, and destination of the flight?
• Will a suitable alternate be available?
• Is lodging available at the destination?
• Is the appropriate grade of fuel available?
• Are overflight and landing permits required?
• Does the flight require a visa and are there any specific restrictions?
• Will the flight be allowed cabotage?
• Does a State Department warning exist for health, security, or other precautions?
• Are maintenance services available at the destination airport?
• Should the aircraft carry spare parts?
i. Route Analysis.
• En route airports-determine the suitability of alternate airports.
• Communications, navigation, and surveillance requirements.
• Computer flight planning service.
• Equal time point (ETP) considerations.
• Pressurization ETP where an altitude change is mandated.
• Loss of one or more engines.
• Combined problem (pressurization and loss of engine).
• Oxygen requirements.
• Terrain clearance.
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• Passenger requirements.
• Turnaround capability.
• Crew rest requirements, if applicable.
• Next stop arrival time.
j. Time Considerations.
• Local time.
• Universal coordinated time (UTC) and Greenwich mean time (GMT).
• Local time at departure airport.
• Curfews.
• Slot times.
k. The International Notice to Airmen (IN). The IN is a biweekly compilation of significant international information and special notices, which could affect a pilot’s decision to enter or use certain areas of foreign or international airspace. Of crucial importance to those seeking to enter areas of the world that require special considerations, this publication complements and expands upon data contained in the IFIM. The United States NOTAM Office (USNOF), a part of the National Flight Data Center Office of the Asst. Secretary of Defense (NFDC) in Washington, DC, accomplishes the distribution of U.S. international NOTAMs to foreign international NOTAM offices (NOF) and the receipt and distribution of foreign international NOTAMs.
l. International Flight Plans. All flights require flight plans when traveling into international and foreign airspace. The standard flight plan form is FAA Form 7233, International Flight Plan. You can find the most recent format for this document on the FAA Web site at www.faa.gov/air_traffic/publications/ifim/. The FAA format is similar to the ICAO format, except that it does not accept cruising speed/level in metric terms. ATC authorities should receive and must have flight plans transmitted to them in each ATC region at least 2 hours prior to entry, unless otherwise required by an en route or destination country. It is extremely important that pilots make inquiries regarding the method used for subsequent transmission of flight plan information to en route and destination points and of the approximate total elapsed time applicable to such transmissions when filing flight plans in countries outside the United States.
m. Prior Permission Only (PPO). The flight plan provides advance notice of foreign airspace penetration and facilitates effective ATC procedures. For some countries, the flight plan is the only advance notice required; other countries use the flight plan as a check against previously granted permission to enter national airspace. Acceptance of a flight plan and issuance of a flight clearance by a foreign ATC unit does not constitute official approval for airspace penetration. CAAs may require prior permission for airspace penetration. Pursue airspace violations that occur in such instances as in-flight interception may result.
(1) Preparation for Flights in Foreign Airspace. In the case of flights outside of U.S.
airspace, it is particularly important for pilots to leave a complete itinerary and flight schedule with a responsible person. Keep that person apprised of the flight’s progress and instruct them to contact a Flight Service Station (FSS) or the nearest U.S. Foreign Service Post (embassy and Page 14 Par 3-1
consular office) if serious doubt arises as to the safety of the flight. Whenever there are reports of distressed or missing aircraft of U.S. registry or any aircraft with U.S. citizens aboard during flight in or over foreign territory or foreign territorial waters, the nearest U.S. Foreign Service Post as well as the Search and Rescue (SAR) facilities and services in that area should receive all available information.
(2) Landing and Overflight. The flightcrew must also ensure the knowledge of current and special notices relating to entry and overflight requirements. In most cases outside North America and Europe, obtain prior permission to land in or overfly a country directly from that country’s CAA. The American Embassy or consulate in a destination country may be of assistance in some instances and a required point of contact (POC) in others. Make the entry to most countries through specific airports of entry agreed to by ICAO members and listed in the ICAO Regional Air Navigation Plan (ANP), the country’s AIP, the IFIM, and other commercial publications. Depending upon the country, it may take up to 6 weeks to obtain overflight and landing permits. The requirements vary from country to country. Some countries will not allow overflights without a landing, usually to collect airspace user fees. Therefore, action to obtain landing and overflight permits must be one of the first steps in planning any flight outside of the United States.
n. Cabotage. Private pilots and commercial operators should understand cabotage, formally defined as “Air transport of passengers and goods within the same national territory.”
The definition adopted by ICAO at the Chicago Convention is as follows: “Each state shall have the right to refuse permission to the aircraft of other contracting states to take on its territory passengers, mail, and cargo destined for another point within its territory.” Although cabotage rules are different in various countries and usually incorporate the term “for hire,” some countries do not allow foreign aircraft within their boundaries to carry even non-revenue passengers. The restrictions range from no restrictions to not allowed. The fines for cabotage can be extremely high; therefore, pilots and flight departments should be absolutely sure of a country’s cabotage rules before carrying passengers. The corporate aircraft restraints section for each country in the IFIM list the cabotage requirements and restrictions of individual countries.
Refer to chapter II, article 7 of the Chicago Convention and the FAA Web site at www.faa.gov/air_traffic/publications/ifim/. Then, select the country of choice.
o. Flight Planning Firms and Ground Handling Agents. The assistance of Fixed-Base Operators (FBO) or airport service organizations may be nonexistent at overseas destinations outside of Western Europe. Many countries do not have sufficient general aviation traffic to require these services or to generate any profitability. Therefore, the assistance of a ground-handling agent may be essential and should expedite handling. A domestic or regional airline or U.S. flag (international) airline with operations at the specific foreign destination airport can frequently provide some of the necessary services, such as help with customs, immigration, public health procedures, and expediting shipment of spare parts. These agents may also arrange aircraft maintenance. Flight planning firms may also provide for these services.
Firms that specialize in obtaining overflight and landing permits, security information, computerized flight planning, charts, international NOTAMs, communication services, flight following, weather, ground handling of passengers, and ground handling of aircraft offer a wide range of services. It is important to remember that the responsibility for a flight rests with the pilot, not with ground handlers and/or flight-planning firms.
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