[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Rules and Regulations]
[Page 40000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19875]



[[Page 39999]]

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Part III





Department of Transportation





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14 CFR Part 187



Fees for Air Traffic Services for Certain Flights Through U.S.-
Controlled Airspace; Final Rule

  Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Rules 
and Regulations  

[[Page 40000]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 187

[Docket No. 28860; Amendment No. 187-7]
RIN 2120-AG17


Fees for Air Traffic Services for Certain Flights Through U.S.-
Controlled Airspace

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Final rule.

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SUMMARY: The FAA is amending Title 14 of the Code of Federal 
Regulations (14 CFR) to remove the interim rule that established fees 
and collection procedures for FAA air traffic and related services 
provided to certain aircraft that transit U.S.-controlled airspace but 
neither take off from, nor land in, the United States. On January 30, 
1998, the United States Court of Appeals for the District of Columbia 
(court) vacated the FAA's interim final rule and remanded the rule to 
the FAA for disposition. The FAA is taking this action in anticipation 
of issuing another interim final rule for FAA air traffic and related 
services as provided for in the 1996 FAA Reauthorization Act.

DATES: This rule is effective July 21, 1998.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Wharff, Office of Aviation 
Policy, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591, telephone (202) 267-7035.

SUPPLEMENTARY INFORMATION: On March 20, 1997, the FAA published 
Amendment No. 187-727 (62 FR 13496), to announce the establishment of 
fees for FAA air traffic and related services provided to certain 
aircraft that transit U.S.-controlled airspace but neither take off 
from, nor land in, the United States. The FAA invited public comment on 
this interim final rule. The comment period closed on July 18, 1997. In 
addition, the FAA held a public meeting on May 1, 1997. The FAA also 
published two additional interim final rules that amended the original 
interim final rule on May 2, 1997 (62 FR 24285) and October 2, 1997 (62 
FR 51735).

Authority to Establish Fees

    The Federal Aviation Reauthorization Act of 1996 (the Act) directed 
the FAA to establish by interim final rule a fee schedule and 
collection process for air traffic control and related services 
provided to aircraft other than military and civilian aircraft of the 
United States government or of a foreign government that neither take 
off from, nor land in, the United States (42 U.S.C. 45301, as amended 
by Pub. L. 104-264). Also, the Act directed the FAA to ensure that the 
fees collected are directly related to the FAA's costs of providing the 
services rendered.

United States Court of Appeals for the District of Columbia 
Decision

    On January 30, 1998, the court issued its opinion on seven 
petitions consolidated in the case of Asiana Airlines et. al. 
(petitioners), versus the Federal Aviation Administration and Acting 
Administrator (respondents), 1998 U.S. App. Lexis 1286, App. No. 97-
1356 (1998).
    The petitioners challenged the interim final rule asserting that 
the FAA acted improperly in employing an expedited procedure before the 
effective date of the interim final rule, and that the regulation 
violated the anti-discrimination provisions of various international 
aviation agreements. The court rejected the petitioners' claims that 
FAA acted improperly in employing an expedited procedure before the 
effective date of the interim final rule, and that the regulation 
violated the antidiscrimination provisions of various international 
aviation agreements. However, the court concluded that the FAA's 
methodology of determining cost violated statutory requirements.
    The court, therefore, vacated the interim final rule in its 
entirety and remanded the interim final rule to the FAA for further 
proceedings consistent with the opinion. The FAA anticipates that 
another interim final rule consistent with the 1996 FAA Reauthorization 
Act will be issued. The FAA will advise users of the details of any 
future interim final rule prior to the effective date of any new fee 
schedule imposed by interim final rule.

Discussion of Comments

    As noted above, when the FAA issued the interim final rule on March 
20, 1997, comments were requested concerning the rule. One hundred and 
twenty comments were received. As the FAA is amending 14 CFR to remove 
the interim final rule for fees and collection procedures for FAA air 
traffic and related services, and will not be implementing the interim 
final rule as a final rule, the comments received need no disposition. 
Also, most of the issues raised by the commenters were addressed by the 
court. In any future rulemakings pursuant to 49 U.S.C. 45301, the FAA 
will seek comments on any interim final rule that will be implemented 
as a final rule.
    Accordingly, the FAA amends 14 CFR part 187, and Appendix B of part 
187, by removing all references to fees and collection procedures for 
FAA air traffic and related services provided to certain aircraft that 
transit U.S.-controlled airspace but neither take off from, nor land 
in, the United States.

List of Subjects in 14 CFR Part 187

    Administrative practice and procedure, Air transportation.

The Amendment

    The Federal Aviation Administration amends Title 14 of the Code of 
Federal Regulations part 187 as follows:

PART 187--FEES

    1. The authority citation for part 187 continues to read as 
follows:

    Authority: 31 U.S.C. 9701; 49 U.S.C. 106(g), 40104-40105, 40109, 
40113-40114, 44702, 45301-45303.

    2. Section 187.1 is amended by removing the following sentence: 
``Appendix B to this part prescribes the fees for certain aircraft 
flights that transit U.S.-controlled airspace.''
    3. Section 187.15 is amended by removing paragraph (d).
    4. Part 187 is amended by removing and reserving appendix B.

    Issued in Washington, DC, on July 21, 1998.
Jane F. Garvey,
Administrator.
[FR Doc. 98-19875 Filed 7-23-98; 8:45 am]
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