[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23023]


[[Page Unknown]]

[Federal Register: September 16, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. 27782]

 

Proposed Policy Regarding Airport Rates and Charges

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed policy; extension of comment period and 
statement of intent to issue supplemental notice.

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SUMMARY: This document announces an extension of the comment period on 
Notice of Proposed Policy Regarding Airport Rates and Charges, Docket 
No. 27782 (59 FR 29874, June 9, 1994) until October 15, 1994. By a 
notice published August 10, 1994, the comment period on the Notice of 
Proposed Policy was extended until September 15, 1994 (59 FR 41194, 
August 10, 1994). As a result of enactment of the Federal Aviation 
Administration Authorization act of 1994 (1994 Authorization Act), the 
Department of Transportation and Federal Aviation Administration (DOT/
FAA) have determined that the publication of a supplemental notice of 
proposed policy may be in order. This notice is being published to 
advise interested persons of the intention to publish a supplemental 
notice and to provide for an extension of the comment period to permit 
commenters to review and respond to the supplemental notice in their 
comments.

DATES: The comment period is extended from September 15, 1994, to 
October 15, 1994.

ADDRESSES: Comments should be mailed, in quadruplicate, to: Federal 
Aviation Administration, Office of Chief Counsel, Attention: Rules 
Docket (AGC-10), Dockets No. 27782, 800 Independence Avenue, SW., 
Washington, DC 20591. All comments must be marked: ``Docket No. 
27782.'' Comments on this Notice may be examined in room 915G on 
weekdays, except on Federal holidays, between 8:30 a.m. and 5 p.m.

FOR FURTHER INFORMATION CONTACT:
Mr. Barry Molar, Airports Law Branch (AGC-610), Office of the Chief 
Counsel, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591, telephone (202) 267-3473.

SUPPLEMENTARY INFORMATION: On June 9, 1994, the Office of the Secretary 
of Transportation (OST) and the FAA issued two related notices on the 
subject of Federal policy on airport rates and charges. A notice of 
proposed policy entitled ``Proposed Policy Regarding Airport Rates and 
Charges,'' listed and explained the principles that the OST and the FAA 
believe define Federal policy on the rates and fees that an airport 
proprietor can charge to aeronautical users of the airport. Notice 94-
18, a notice of proposed rulemaking entitled ``Rules of Practice for 
Federally Assisted Airports,'' (Rules of Practice) proposed detailed 
procedures for the filing, investigation, and adjudication of 
complaints against airports for alleged violation of Federal 
requirements involving rates and charges and other airport-related 
requirements (59 FR 29880, June 9, 1994).

    The FAA Authorization Act of 1994, Public Law 103-305 (1994 
Authorization Act) was signed into law on August 23, 1994. The 1994 
Authorization Act includes provisions providing new policy guidance on 
the reasonableness of airport rates and charges and that direct the 
Secretary of Transportation to adopt guidelines, policies and 
procedures for resolving air carrier/airport disputes over the 
reasonableness of landing fees. The 1994 Authorization Act directs that 
such guidelines, policies and procedures be adopted within 90 days 
after enactment. The 90-day deadline is November 21, 1994.
    One air carrier has already suggested that the current notice of 
proposed policy should be withdrawn as inconsistent with the 1994 
Authorization Act. We do not agree that the 1994 Authorization Act 
requires so extensive a revision to the notice of proposed policy. 
However, based on initial review of the new statutory provisions, some 
modifications to the proposed policy may be in order to assure that the 
proposed policy conforms to the statute. Accordingly, the OST and the 
FAA intend to publish a supplemental notice of proposed policy with the 
modifications we consider to be appropriate.
    Because the supplemental notice is not ready to publish at this 
time, we have concluded that an extension of the comment period until 
October 15 is appropriate. This extension of the comment period should 
assure that interested persons have an opportunity to review and 
address the supplemental notice in their comments and should not 
preclude the OST and the FAA from meeting the statutory deadline for 
publication of final policy guidance.
    In view of the statutory deadline, further extensions of the 
comment period are not anticipated. We intend to publish the 
supplemental notice by October 1, 1994.
    The FAA is simultaneously publishing a separate notice in the 
federal Register with respect to the proposed Rules of Practice. The 
notice withdraws proposed subpart J, Alternate Procedure for Certain 
Complaints Concerning Airport Rates and Charges and extends the comment 
period on the remainder of the proposal until December 1, 1994. In a 
separate action, DOT intends to publish for comment proposed amendments 
to 14 CFR Part 302 to provide procedures for resolution of airport/air 
carrier disputes over airport rates and charges by October 15, 1994. It 
is anticipated that the comment period for the Part 302 proposal would 
not exceed 15 days.

    Issued in Washington, DC, on September 12, 1994.
Stephen H. Kaplan,
General Counsel, Department of Transportation.
[FR Doc. 94-23023 Filed 9-13-94; 3:34 pm]
BILLING CODE 4910-13-M