[Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
[Notices]
[Pages 53485-53486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26605]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary
[FAA Docket No. 29303]


Federal Aviation Administration; Policy Regarding Airpot Rates 
and Charges, Request for Comments

AGENCY: United States Department of Transportation, Office of the 
Secretary, and Federal Aviation Administration (FAA).

ACTION: Notice extending comment period.

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SUMMARY: On Wednesday, August 12, 1998, the Department of 
Transportation opened a public docket to receive information and 
comments from interested parties on the replacement provisions of the 
Department of Transportation's Policy Regarding Airport Rates and 
Charges (Policy Statement) issued June 21, 1996, and vacated in part by 
the United States Court of Appeals for the District of Columbia 
Circuit. The notice provided for comments to be submitted by October 
13, 1998. Reply comments were to be submitted on or before October 26, 
1998. By this notice, the Department is extending the time period for 
public comment from October 13, 1998, until December 30, 1998. The due 
date for reply comments is extended to February 1, 1999.

DATES: Comments should be received by December 30, 1998. Reply comments 
will be accepted and must be submitted on or before February 1, 1999. 
Comments that are received after that date will be considered only to 
the extent possible.

ADDRESSES: Comment on this notice must be delivered or mailed, in 
quadruplicate, to: Federal Aviation Administration, Office of Chief 
Counsel, Attention: Rules Docket (AGC-10), Docket No. 29303, 800 
Independence Ave, SW, Room 915G, Washingotn, DC 20591. All comments 
must be marked ``Docket No. 29303.'' Commenters wishing the FAA to 
acknowledge receipt of their comments must include a preaddressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 29303. The postcard will be date stamped and mailed to 
the commenter. Comments on this Notice may be delivered or examined in 
room 915G on weekdays, except on Federal holidays between 8:30 am and 
5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Molar, Manager (AAS-400), 
(220) 267-3187; or Mr. Wayne Heibeck, Compliance Specialist (AAS-400), 
(202) 267-8726, Airport Compliance Division, Office of Airport Safety 
and Standards, Federal Aviation Administration, 800 Independence 
Avenue, SW, Washington, DC 20591.

SUPPLEMENTARY INFORMATION: The Department recently published an advance 
notice of proposed policy on airport rates and charges requesting 
public comments (63 FR 43228, August 12, 1998). In that request, we 
asked parties to provide us with suggestions for replacement provisions 
for the portions of the Department of Transportation's Policy Regarding 
Airport Rates and Charges (Policy Statement) issued June 21, 1996, that 
were vacted by the United States Court of Appeals for the District of 
Columbia Circuit. Based on a September 4, petition of the Air Transport 
Association of America (ATA), as well as a September 10 petition 
jointly filed by the Airports Council International--North America 
(ACI-NA) and the American Association of Airport Executives (AAAE), we 
are now convinced that the public interest would be served by extending 
the comment period.
    The ATA petitioned pursuant to the Department's Rulemaking 
Procedures (49 CFR 5.25(a)) to extend the comment period by at least 
120 days, to December 14, 1998, on the grounds that it needs time to 
prepare and conduct an extensive survey of its member airlines, 
organize and analyze the data collected, and draft comments for 
approval by its members in response to the complex issues we raised in 
this and DOT's separate Request for Public Comment on Competitive 
Issues Affecting the Domestic Airline Industry, Docket No. OST 98-4025. 
By a notice in the Federal Register (63 FR 45894) on August 27, 1998, 
the Department extended the comment period in that proceeding until 
December 30, 1998. The ATA stated that, since its member airlines 
serve, either directly or through code-share relationship, about 95 
percent of the more than 400 domestic commercial service airports, it 
has a substantive interest in this proceeding.
    In a September 10 filing, ACI-NA and AAAE said that our October 13 
deadline would not allow it adequate time to compile, verify and 
analyze pertinent information from airport operators and then prepare 
well-reasoned responses to the complex legal, economic, and policy 
questions identified in this and DOT's separate Request for Public 
Comment on Competitive Issues Affecting the Domestic Airline Industry, 
Docket No. OST 98-4025. ACI-NA stated that, since its members are 
airport sponsors serve

[[Page 53486]]

more than 97 percent of the domestic United States' passenger and cargo 
traffic, and AAAE members manage airports which enplane 99 percent of 
the passengers in the United States, these organizations have a 
substantive interest in this proceeding. ACI-NA requested that the 
comment period be extended until December 30, 1998, to coincide with 
the comment period in Docket No. OST-98-4025. By letter dated September 
14, 1998, legal counsel for ATA advised that ATA did not object to the 
ACI-NA's and AAAE's request.
    Under our rules (49 CFR 5.25(b)), we may grant a petition for 
extension of time when a petitioner shows that it is in the public 
interest and the petitioner has good cause for the extension and a 
substantive interest in the propsoed action. We have determined that it 
would be reasonable and in the public interest to give parties more 
time to prepare their submissions. While we are interested in 
developing a Final Policy on Airport Rates and Charges as soon as 
posssible, we also are interested in a decision that is based on 
comprehensive information and thoroughly considered public comments. 
Extending the comment period will assure that the common issues in the 
proceeding in Docket No. OST 98-4025 and this proceeding are fully 
addressed in the comments.

Accordingly

    1. We grant the requests of the Air Transport Association, Airport 
Council International-North America, and the American Association of 
Airport Executives to extend the date by which comments are due to 
Docket No. 29303;
    2. We hereby extend the date by which comments to Docket No. 29303 
are due to December 30, 1998;
    3. We will accept reply comments submitted on or before February 1, 
1999; and
    4. We deny all other requests.

    Issued in Washington, DC, on September 29, 1998.
Nancy E. McFadden,
General Counsel, Department of Transportation.
Susan L. Kurland,
Associate Administrator for Airports, Federal Aviation Administration.
[FR Doc. 98-26605 Filed 10-2-98; 8:45 am]
BILLING CODE 4910-13-M