[Federal Register Volume 68, Number 9 (Tuesday, January 14, 2003)]
[Proposed Rules]
[Pages 1807-1808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-820]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 158

[Docket No. FAA-2002-13918; Notice No. 02-19]
RIN 2120-AH43


Revisions to Passenger Facility Charge Rule for Compensation to 
Air Carriers; Extension of Comment Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); extension of comment 
period.

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SUMMARY: This action extends the comment period for an NPRM the FAA 
issued on November 20, 2002. In that document, the FAA proposed to 
amend the passenger facility charge regulation (PFC) by changing the 
amount and unit of collection that a carrier may retain for collecting 
and handling PFC revenue. This extension is a result of a joint request 
from the American Association of Airport Executives (AAAE) and the 
Airports Council International--North America (ACI-NA).

DATES: Send your comments on or before February 12, 2003.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. You must identify the docket number FAA-
2002-13918 at the beginning of your comments, and you should send two 
copies of your comments. If you wish to receive confirmation that FAA 
received your comments, include a self-addressed, stamped postcard.
    You may also send comments through the Internet to http://dms.dot.gov. You may review the public docket containing comments to 
these proposed regulations in person in the Docket Office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Docket Office is on the plaza level of the NASSIF Building at the 
Department of Transportation at the above address. Also, you may review 
public dockets on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Joseph Hebert, Passenger Facility 
Charge Branch, APP-530, Federal Aviation Administration, 800 
Independence Ave., SW., Washington, DC 20591; telephone: (202) 267-
3845, facsimile (202) 267-5302.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments about the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. We ask that you send us two copies of written 
comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
about this proposed rulemaking. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES section 
of this preamble between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. You may also review the docket using the 
Internet at the web address in the ADDRESSES section.
    Before acting on this proposal, we will consider all comments we 
receive on or before the closing date for comments. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay. We may change this proposal because of the comments 
we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.

Background

    On November 20, 2002, the FAA issued Notice No. 02-19, Revisions to 
Passenger Facility Charge Rule for Compensation to Air Carriers (67 FR 
70878, November 27, 2002). Comments to that document were to be 
received on or before January 13, 2003.
    On December 20, 2002, AAAE and ACI-NA jointly asked the FAA to 
extend the comment period to Notice No. 02-19 an additional 120 days. 
In the request, AAAE and ACI-NA note that air carriers had six years to 
collect economic data presented in the proposal supporting their 
request for an increase in PFC handling charges. AAAE and ACI-NA assert 
that 45 days is not enough time for other interested parties to review 
and comment on the air carrier economic data, especially since two 
holidays fell within the comment period.
    In response to the AAAE and ACI-NA joint request for an extension 
of the comment period, the Air Transport Association (ATA) submitted a 
letter to the public docket on December 30, 2002, urging FAA to deny 
the request for an extension. ATA asserts that the air carrier data was 
compiled using procedures recommended by the Department of 
Transportation Office of the Inspector General. ATA contends that the 
data is reliable and finds that additional time to review the data is 
not necessary.
    The FAA has considered these arguments and finds that an extension 
of the comment period to Notice No. 02-19 is in the public interest 
considering that two holidays fell within the comment period. However,

[[Page 1808]]

the FAA believes that a 120-day extension would be excessive. The FAA 
believes an additional 30 days would be adequate for interested parties 
to review the economic data presented in the proposal and provide 
meaningful comment to Notice No. 02-19. Absent unusual circumstances, 
the FAA does not anticipate any further extension of the comment period 
for this rulemaking.

Extension of Comment Period

    In accordance with Sec.  11.47(c) of Title 14, Code of Federal 
Regulations, the FAA has reviewed AAAE's and ACI-NA's joint request for 
an extension of the comment period to Notice No. 02-09. The FAA finds 
that extension of the comment period is consistent with the public 
interest, and that good cause exists for taking this action. AAAE and 
ACI-NA have demonstrated substantive interest in the proposed rule and 
good cause for the extension.
    Accordingly, the comment period to Notice No. 02-19 is extended 
until February 12, 2003.

    Issued in Washington, DC, January 10, 2003.
Benito DeLeon,
Acting Director, Office of Airport Planning and Programming.
[FR Doc. 03-820 Filed 1-10-03; 12:04 pm]
BILLING CODE 4910-13-P