Regulatory Alert: FAA Downgrades Safety Rating for Mexico's Civil Aviation Authority

May 25, 2021

This afternoon the Federal Aviation Administration (FAA) announced that Mexico's civil aviation authority, Agencia Federal de Aviacion Civil (AFAC), does not meet the International Civil Aviation Organization's (ICAO) minimum safety standards and, therefore, Mexico's safety rating has been downgraded from Category 1 to Category 2. FAA's determination means that Mexican air carriers will not be able to conduct new services or expand operations into the United States. However, these carriers will be permitted to continue their existing service. FAA indicated that the agency will increase scrutiny of Mexican airline flights and intends to help AFAC improve its safety oversight system and regain the Category 1 rating. 

Background. Under the International Aviation Safety Assessment (IASA) program, FAA evaluates the oversight performed by a country's civil aviation authority over its air carriers that operate, or seek to operate, into the United States, or codeshare with a U.S. air carrier. This assessment is to determine if the country is complying with minimum safety standards set by ICAO. A Category 1 rating means that the country is adhering to those standards, whereas a Category 2 rating means the country's civil aviation authority is lacking in one or more areas such as technical expertise, trained personnel, record keeping, inspection procedures, or resolution of safety concerns. 

What's Next? With FAA officially downgrading Mexico to a Category 2, the agency indicated that it will work with and support the Government of Mexico and AFAC to resolve the issues identified during the IASA process. However, no timeline has been set on when AFAC could potentially regain Category 1 status. In the meantime, Mexican air carriers will continue their existing service and routes, but will be prohibited from expanding. U.S. air carriers will also be unable to market and sell tickets with their names and designator codes on Mexican-operated flights.