[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
_______________________________________________________________________
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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