Ramon Lopez/WASHINGTON DC

Foreign airlines wanting approval to codeshare with US carriers will soon face compulsory Federal Aviation Administration scrutiny for safety standards, the FAA warns. It admits, however, that there are issues of domestic and international law to resolve before it can draw up appropriate regulations governing its codeshare approval process.

Safety concerns have been raised by the US Department of Defense (DoD), several US airlines and the US Department of Transportation (DoT), which have formed a task force to review the issue. Codeshares between US and foreign carriers have grown from 61 in 1994 to 163 this year.

Economic, financial and competitive factors are considerations in FAA codeshare decisions. Safety is not an issue under current rules.

In August, six US airlines that carry US military personnel agreed to conduct safety and operational reviews of their foreign marketing partners within a year against a standard developed by the DoD and the airline industry. Accident rates, maintenance procedures and the condition of aircraft and other equipment are subject to audit, and the deal includes biennial follow-up examinations. The DoD has a legal obligation to audit the safety of US airlines used by US military personnel, but lacks the authority to inspect foreign airlines.

The DoT's Office of Inspector General (OIG) concluded in a recently released report that "safety is not currently treated as a major factor in the codeshare approval process, and the FAA has not taken an active role in the approval or oversight of international codeshare agreements". The OIG wants the FAA to make it compulsory for US carriers to perform safety assessments of foreign codeshare partners. The FAA should develop oversight procedures to validate the safety assessments performed by the US airlines, it says.

"The challenge is to establish procedures that work within the framework of US and international laws," says the FAA. The agency says the issue is being addressed by the DoD/DoT task force.

Meanwhile, Delta Air Lines' and American Airlines' codeshare pacts with Korean Air and China Airlines, respectively, "remain in a holding pattern" as a result of safety concerns. The OIG, however, also casts doubt on the safety record of Thai International Airways, a member of the United Airlines-led Star Alliance. United says the criticism is unfair.

Source: Flight International