[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13912]


[[Page Unknown]]

[Federal Register: June 9, 1994]


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Part VI





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 189




Use of Federal Aviation Administration Communications Systems; Proposed 
Rule
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 189

[Docket No. 27778; Notice No. 94-17]
RIN 2120-AE68

 
Use of Federal Aviation Administration Communications Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to modify part 189 of the Federal Aviation 
Regulations (FAR) to remove outdated fee provisions and services 
designated in the rule. Due to enhanced commercial communications the 
FAA has determined that the need to accept (and charge fees for) 
messages that address such topics as lost baggage, hotel reservations, 
crew assignments, and other commercial matters (Class B messages) no 
longer exists. The proposed change is only intended to remove the 
outdated fee provisions and services related to Class B messages; it is 
not intended to affect the FAA's transmission of messages relating to 
flight safety, flight plans, and weather (Class A messages) to alter 
the current practice of relaying messages received from an FAA FSS 
outside of the 48 contiguous States and the District of Columbia, or 
received from a foreign station of the Aeronautical Fixed 
Telecommunications Network (AFTN).

DATES: Comments must be received on or before September 7, 1994.

ADDRESSES: Comments on this notice should be mailed, in triplicate, to: 
Federal Aviation Administration, Office of Chief Counsel, Attention: 
Rules Docket (AGC-200), Docket No. 27778, 800 Independence Avenue, SW., 
Washington, DC 20591. Comments delivered must be marked Docket No. 
27778. Comments may be examined in room 915G weekdays between 8:30 a.m. 
and 5 p.m., except on Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Ellen E. Crum, Air Traffic Rules Branch, ATP-230, Airspace-Rules and 
Aeronautical Information Division, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591, telephone (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments relating to the environmental, energy, federalism, 
or economic impact that might result from adopting the proposals in 
this notice are also invited. Substantive comments should be 
accompanied by cost estimates. Comments should identify the regulatory 
docket number and should be submitted in triplicate to the Rules Docket 
address specified above. All comments received on or before the 
specified closing date for comments will be considered by the 
Administrator before taking action on this proposed rulemaking. The 
proposals contained in this notice may be changed in light of comments 
received. All comments received will be available, both before and 
after the closing date for comments, in the Rules Docket for 
examination by interested persons. A report summarizing each 
substantive public contact with FAA personnel concerned with this 
rulemaking will be filed in the docket. Commenters wishing the FAA to 
acknowledge receipt of their comments submitted in response to this 
notice must include a preaddressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. 27778.'' The 
postcard will be date stamped and mailed to the commenter.

Availability of NPRM's

    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Public Affairs, 
Attention: Public Inquiry Center, APA-200, 800 Independence Avenue, 
SW., Washington, DC 20591, or by calling (202) 267-3485. Communications 
must identify the notice number of this NPRM.
    Persons interested in being placed on the mailing list for future 
NPRM's should request from the above office a copy of Advisory Circular 
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which 
describes the application procedure.

Background

    The predecessor of part 189, part 612--Aeronautical Fixed 
Communications, published in the August 25, 1950, Federal Register, 
became effective on September 1, 1950. It specified that airlines could 
send certain messages over specific Government circuits. The specific 
circuits were established between several Pacific Islands. The United 
States government made this communications network available, at the 
users expense, to transmit Class B messages since there were few other 
communication systems established. Subsequent amendments to part 612 
accomplished the following: (1) Expanded the service to any station 
serviced by the integrated international aeronautical network (now 
AFTN); (2) defined the specific messages that would be accepted free of 
charge and those for which fees would be charged; (3) established the 
priority given to two categories of messages; and (4) limited the 
Government's liability in the handling of all messages accepted under 
these provisions.
    Concurrent with the evolution of the above provisions, similar 
International Civil Aviation Organization (ICAO) procedures were 
developed. Beginning in 1951, ICAO procedures were implemented whereby 
each country would: (1) accept, free of charge, messages that were 
meant for ``* * * ensuring safety of air navigation and regularity of 
air traffic between aeronautical fixed stations of the different States 
* * *;'' (2) accept other messages that did not fall in the above 
category provided there was an ``* * * absence of rapid commercial 
telecommunications * * *;'' and (3) determine the acceptability of 
messages.
    Communication systems and the air traffic control system have 
improved greatly in the last several decades. Consequently, users have 
elected to transmit Class B messages through communications systems 
other than the FAA's.
    In the past, the FAA has considered the need for, and removal of, 
part 189 of the FAR. In 1981, all FAA Regional offices were queried 
regarding what operational effect, if any, the complete removal of part 
189 would have. At that time, only the Alaska region objected to this 
action. The Anchorage International Flight Service Station (IFSS) 
handled a high volume of Class B messages, and the Region felt strongly 
that complete removal of part 189 would preclude them from continuing 
this service. In 1992, the Regions were again queried regarding their 
positions with respect to the proposed amendment to part 189. All of 
the Regions concurred with this proposal. Since the IFSS in Anchorage, 
Alaska was decommissioned in 1984, aircraft that had previously 
utilized its communications services are not using a private 
communications company; therefore, the prior concerns of the Alaska 
Region are no longer relevant.

Current Requirements

    Part 189 stipulates that domestic FSS's may accept for transmission 
only messages related to distress and distress traffic, safety of human 
life, flight safety (including air traffic control messages), weather, 
aeronautical administration, and Notices to Airmen (NOTAM's) (Class A 
messages). The acceptance and transmission of these messages is 
completed without charge. The FAA is not proposing to change this 
service.
    In addition to accepting Class A messages, IFSS's, and those FSS's 
located outside the 48 contiguous States and the District of Columbia, 
may accept messages originated by and addressed to aircraft operating 
agencies, or their representatives, that directly bear on the efficient 
and economic conduct of day to day operations. These messages (Class B 
messages) include such things as new or revised passenger or cargo 
rates and train or hotel reservations. This service is provided for a 
fee of 25 cents for each group of 10 words. FSS acceptance of these 
messages is based on the absence of adequate non-USA communication 
facilities.
    In recent years additional means of communication have been 
developed, including satellites, computer networks, and cellular 
telephones. Therefore, the need to use the FAA AFTN system for the 
transmission of Class B messages has been greatly reduced. In January, 
1988, a new communication network called National Airspace Data 
Interchange Network (NADIN) was commissioned in the United States. The 
capability to segregate Class B messages, which required payment from 
the user, was intentionally omitted from the system because the need 
for such a capability is negligible. However, part 189 was not amended 
when NADIN was commissioned; consequently it is outdated because it 
still contains provisions for the collection of fees for the 
transmission of Class B messages.
    Annex 10, an International Civil Aviation Organization (ICAO) 
document, provides guidance to FSS's for handling the operational 
aspects of international aeronautical telecommunications. The FAA 
relays Class A or B messages that were originally accepted for 
transmission at an FAA FSS outside of the 48 contiguous States and the 
District of Columbia that were received from a foreign station of the 
AFTN, and that in normal routing would require transit of the 48 
contiguous States or the District of Columbia in order to reach an 
overseas address.
The Proposal

Elimination of Acceptance for Transmission of Class B Messages

    Currently, only FAA IFSS's or FSS's located outside the 48 
contiguous States and the District of Columbia may accept for 
transmission Class B messages when adequate commercial communication 
systems are not available. These facilities have not received any 
requests to accept Class B messages for transmission in over 5 years.
    Communication systems technology has improved and expanded to 
include private data networks, private line services, telegrams, 
satellite communications, and cellular telephones. Therefore, the need 
to use FAA communications systems for transmission of Class B messages 
has diminished. This proposal will not restrict or deny users from 
utilizing the FAA communications systems for relay of Class B messages 
when other adequate communications systems are not available. 
Additionally, this proposal will align the regulations with current 
practices by eliminating the authority of FSS's to accept for 
transmission Class B messages without adversely affecting the users.

Elimination of Charges for Class B Messages

    The current rule requires that fees be charged when Class B 
messages are accepted for transmission over FAA communication systems. 
However, current communication systems cannot segregate those kinds of 
messages that require a charge for transmission. In fact, over the last 
5 years, there are no records of fees having been collected for 
transmission of Class B messages, nor does the FAA propose to resume 
this practice. This proposed change will remove from the regulation all 
references to the collection of fees and align the regulation with 
current practices.

International Civil Aviation Organization and Joint Aviation 
Regulations

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization Standards and Recommended 
Practices (SARP) to the maximum extent practicable. For this notice, 
the FAA has reviewed the SARP of Annex 10. The FAA has determined that 
this proposal, if adopted, would not present any differences.

Economic Summary

    This proposed rule would be neither a significant proposed 
regulatory action under Executive Order 12866 nor a significant 
proposed rule under the Department of Transportation Regulatory 
Policies and Procedures. The FAA does not expect the proposal to impose 
a significant cost on society (aviation industry, public, or 
government). The NPRM would not cause any diminution of safety.
    The proposed amendment would delete rule language that allows the 
transfer of certain data. This data includes messages addressing topics 
such as: lost baggage, hotel reservations, and crew assignments on 
international or overseas flights (Class B data). At present, only 
IFSS's and FSS's located outside the 48 contiguous States and the 
District of Columbia have the authority and capability to accept such 
information for transmission. In practice, the FAA has not received 
requests for this service for several years.
    The FAA queried FSS's to determine the consequences of this action. 
The responses indicated that this action would not affect any air 
carrier operator. Adequate private communications facilities are 
available to transmit Class B data and, in the past few years, 
international and overseas carriers have not chosen to avail themselves 
of the FAA service. However, the FAA recognizes a remote possibility 
that a future potential user of this service would not have the chance 
to do so.
    The FAA does not expect the proposal to impose a significant cost, 
but requests comment and information on the potential use of this 
service and on any impact of eliminating the acceptance for 
transmission of Class B messages.

International Trade Impact Analysis

    This proposed rule would have no effect on the sale of foreign 
products or services in the United States. The rule also does not 
affect the sale of United States products or services in foreign 
countries. Hence, all foreign and domestic trade would be equally 
unaffected by this proposed rule.

Regulatory Flexibility Act Determination

    The Regulatory Flexibility Act of 1980 (RFA) ensures that 
government regulations do not needlessly and disproportionately burden 
small businesses. The RFA requires the FAA to review each rule that may 
have ``a significant economic impact on a substantial number of small 
entities.''
    The proposed amendment deletes rule language that allows the 
transfer of certain data because users have not requested this service 
for several years. Hence, the proposal would not impose a significant 
cost on a substantial number of small entities.

Federalism Implications

    The regulations proposed herein will not have substantial effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. Therefore, in accordance with 
Executive Order 12612, it is determined that this proposal would not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated 
with this proposed rule.
Conclusion
    For the reasons discussed in the preamble, the FAA has determined 
that this proposed regulation is not a significant regulatory action 
under Executive Order 12866. In addition, the FAA certifies that this 
proposal, if adopted, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. This proposal is not 
considered significant under Order DOT 2100.5, Policies and Procedures 
for Simplification, Analysis, and Review of Regulations.

List of Subjects in 14 CFR Part 189

    Air transportation, Telecommunications.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend part 189 of the Federal Aviation 
Regulation (14 CFR part 189) as follows:

PART 189--USE OF FEDERAL AVIATION ADMINISTRATION COMMUNICATIONS 
SYSTEM

    1. The authority citation for part 189 continues to read as 
follows:

    Authority: Secs. 301(c), 305, 307(b), 313(a), and 314, 72 Stat. 
744; 49 U.S.C. 1341(c), 1346, 1348(b), 1354(a), and 1355, and sec. 
501, 65 Stat. 290; 31 U.S.C. 483a.

    2. Section 189.1 is revised to read as follows:


Sec. 189.1  Scope.

    This part describes the kinds of messages that may be transmitted 
or relayed by FAA Flight Service Stations.
    3. Section 189.3 is amended by removing paragraph (b); revising 
this section heading and the introductory text of paragraph (a); adding 
a new paragraph (b) introductory text; redesignating paragraphs (a)(7) 
and (a)(8) as new paragraphs (b)(1) and (b)(2) respectively; and in 
newly designated (b)(2)(i), by revising the reference ``(a)(7)'' to 
``(b)(1)''. The changes read as follows:


Sec. 189.3  Kinds of messages accepted or relayed.

    (a) Flight Service Stations may accept for transmission over FAA 
communication systems any messages concerning international or overseas 
aircraft operations described in paragraphs (a)(1) through (6) of this 
section. In addition, Flight Service Stations may relay any message 
described in this section that was originally accepted for transmission 
at an FAA Flight Service Station outside the 48 contiguous States, or 
was received from a foreign station of the Aeronautical Fixed 
Telecommunications Network that, in normal routing, would require 
transit of the United States to reach an overseas address.
* * * * *
    (b) The following messages may only be relayed through the FAA 
communications systems:
* * * * *
    4. Section 189.5 is revised to read as follows:


Sec. 189.5  Limitation of liability.

    The United States is not liable for any omission, error, or delay 
in transmitting or relaying, or for any failure to transmit or relay, 
any message accepted for transmission or relayed under this part, even 
if the omission, error, delay, or failure to transmit or relay is 
caused by the negligence of an employee of the United States.


Sec. 189.7  [Removed]

    5. Section 189.7 is removed in its entirety.

    Issued in Washington, DC, on June 1, 1994.
Harold W. Becker,
Manager, Airspace Rules & Aero. Information Division.
[FR Doc. 94-13912 Filed 6-8-94; 8:45 am]
BILLING CODE 4910-13-M