[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39614-39616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18915]




[[Page 39613]]

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Part VII





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Part 189



Use of Federal Aviation Administration Communications Systems; Final 
Rule

  Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / 
Rules and Regulations  

[[Page 39614]]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 189

[Docket No. 27778; Amendment No. 189-3]
RIN 2120-AE68


Use of Federal Aviation Administration Communications Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Federal Aviation Regulations (FAR) 
relating to the use of FAA communications systems by removing outdated 
fee provisions and services. Due to enhanced commercial communications 
(i.e., telecommunications, satellites, etc.) the FAA has determined 
that the need to accept messages (and to charge fees for this service) 
that address such topics as lost baggage, hotel reservations, crew 
assignments, and other commercial matters (Class B messages) no longer 
exists. This action does not affect the FAA's transmission of messages 
relating to flight safety, flight plans, and weather (Class A 
messages). Also, this rule will not alter the current practice of 
relaying messages received from an FAA Flight Service Station (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).

EFFECTIVE DATE: September 18, 1995.

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:

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. Part 612 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 
services 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 part 612, 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.
    The FAA has previously 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 International Flight Service Station (IFSS) in Anchorage, 
Alaska, 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 now 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. This amendment will not alter that 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. The current rule provides 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 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 the rule still contains outdated 
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.

Discussion of Comments

    Interested persons were invited to participate in this rulemaking 
action by submitting written data, views, or arguments. The comment 
period closed on September 7, 1994. The FAA received one comment, from 
the Airline Pilots Association, supporting the 

[[Page 39615]]
proposal. The FAA specifically requested comments and information on 
the potential use of this service and on any impact from eliminating 
the acceptance for transmission of Class B messages. No such comment or 
information was received.
    Except for minor editorial changes, this rule is the same as that 
proposed in the Notice of Proposed Rulemaking published in the Federal 
Register on June 9, 1994 (59 FR 29934).

The Rule

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 rule 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 action 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 change will remove from the regulation all 
references to the collection of fees and align the regualtion with 
current practices.

Economic Summary

    This rule will be neither a significant regulatory action under 
Executive Order 12866 nor a significant rule under the Department of 
Transportation Regulatory Policies and Procedures. The FAA does not 
expect the amendment to impose a significant cost on society (aviation 
industry, public, or government). The rule will not cause any 
diminution of safety.
    This action will 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.

International Trade Impact Analysis

    This action will have no effect on the sale of foreign products or 
services in the United States. The action also does not affect the sale 
of United States products or services in foreign countries. Hence, all 
foreign and domestic trade will be equally unaffected by this 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 amendment deletes rule language that allows the transfer of 
certain data because users have not requested this service for several 
years. Hence, the rule will not impose a significant cost on a 
substantial number of small entities.

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 rule.

Federalism Implications

    This action 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 action will not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

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 action, 
the FAA has reviewed the SARP of Annex 10. The FAA has determined that 
this amendment will not present any differences.

Conclusion

    For the reasons discussed in the preamble, the FAA has determined 
that this regulation is not a significant regulatory action under 
Executive Order 12866. In addition, the FAA certifies that this rule 
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 action is not considered significant 
under DOT Order 2100.5, Policies and Procedures for Simplification, 
Analysis, and Review of Regulations.

List of Subjects in 14 CFR Part 189

    Air transportation, Telecommunications.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration revises 14 CFR part 189 to read as follows:

PART 189--USE OF FEDERAL AVIATION ADMINISTRATION COMMUNICATIONS 
SYSTEM

Sec.
189.1  Scope.
189.3  Kinds of messages accepted or relayed.
189.5  Limitation of liability.

    Authority: 49 U.S.C. 106(g), 40101, 40104, 40113, 44502, and 
45303; sec. 501, 65 Stat. 290; 31 U.S.C. 9701.


Sec. 189.1  Scope.

    This part describes the kinds of messages that may be transmitted 
or relayed by FAA Flight Service Stations.

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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:
    (1) Distress messages and distress traffic.
    (2) Messages concerning the safety of human life.
    (3) Flight safety messages concerning--
    (i) Air traffic control, including--
    (A) Messages concerning aircraft in flight or about to depart;
    (B) Departure messages;
    (C) Flight plan departure messages;
    (D) Arrival messages;
    (E) Flight plan messages;
    (F) Flight notification messages;
    (G) Messages concerning flight cancellation; and
    (H) Messages concerning delayed departure;
    (ii) Position reports from aircraft;
    (iii) Messages originated by an aircraft operating agency of 
immediate concern to an aircraft in flight or about to depart; and
    (iv) Meteorological advice of immediate concern to an aircraft in 
flight or about to depart.
    (4) Meteorological messages concerning--
    (i) Meteorological forecasts;
    (ii) Meteorological observations exclusively; or
    (iii) Other meteorological information exchanged between 
meteorological offices.
    (5) Aeronautical administrative messages--
    (i) Concerning the operation or maintenance of facilities essential 
to the safety or regulatory of aircraft operation;
    (ii) Essential to efficient functioning of aeronautical 
telecommunications; or
    (iii) Between civil aviation authorities concerning aircraft 
operation.
    (6) Notices to airmen.
    (b) The following messages may only be relayed through the FAA 
communications systems:
    (1) Flight regularity messages--
    (i) Addressed to the point of intended landing and to not more than 
two other addressees in the general area of the route segment of the 
flight to which the message refers, containing information required for 
weight and balance computation and remarks essential to the rapid 
unloading of the aircraft;
    (ii) Concerning changes, taking effect within 72 hours, in aircraft 
operating schedules;
    (iii) Concerning the servicing of aircraft en route or scheduled to 
depart within 48 hours;
    (iv) Concerning changes in the collective requirements for 
passengers, crew, or cargo of aircraft en route or about to depart, if 
the changes are caused by unavoidable deviations from normal operating 
schedules and are necessary for flight regularity;
    (v) Concerning non-routine landings to be made by aircraft en route 
or about to depart;
    (vi) Concerning parts or materials urgently needed to operate 
aircraft en route or scheduled to depart within 48 hours; or
    (vii) Concerning pre-flight arrangement of air navigation services 
and, in the case of non-scheduled or irregular operations, operational 
servicing of aircraft scheduled to depart within 48 hours.
    (2) Messages originated by and addressed to aircraft operating 
agencies or their representatives that directly bear on the efficient 
and economic conduct or day to day operations, if adequate non-United 
States communications facilities are not available and the messages 
concern--
    (i) Matter described in paragraph (b)(1) of this section, but not 
meeting the time limitations described in paragraph (b)(1) of this 
section;
    (ii) Aircraft parts, equipment, or supplies, air navigation or 
communications, or essential ground facilities;
    (iii) Train or hotel reservations for passengers or employees;
    (iv) Lost baggage or personal effects;
    (v) Tickets or cargo shipments and payment therefore;
    (vi) Location of passengers and cargo;
    (vii) New or revised passenger or cargo rates;
    (viii) Crew assignments and similar operations personnel matters 
taking effect within 7 days;
    (ix) Post flight reports for record purposes;
    (x) Publicity and special handling regarding dignitaries; or
    (xi) Reservations, when originated by aircraft operating agencies 
to secure space required in transport aircraft.


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.

    Issued in Washington, DC on July 11, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-18915 Filed 8-1-95; 8:45 am]
BILLING CODE 4910-13-M