[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Rules and Regulations]
[Pages 55021-55022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19246]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, 65, and 187

[Docket No.: FAA-2007-27043; Amendment Nos. 61-116, 63-35, 65-49, 187-
4]
RIN 2120-AI77


Fees for Certification Services and Approvals Performed Outside 
the United States

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: On April 12, 2007, the FAA issued a direct final rule, ``Fees 
for Certification Services and Approvals Performed Outside the United 
States,'' which amended the regulations pertaining to payment of fees 
to the Federal Aviation Administration (FAA) for certification services 
performed outside the United States. This rule also amended the 
regulations where it is unclear that fees for airmen certification 
services apply to all applicants located outside the United States, 
regardless of citizenship. This notice confirms the effective date of 
the direct final rule.

DATES: The effective date for the direct final rule published on April 
12, 2007 (72 FR 18556) is confirmed as June 11, 2007.

ADDRESS: The complete docket for the direct final rule can be 
identified by Docket Number FAA-2007-27043. You may examine the docket 
through the DOT Docket Web site at http://dms.dot.gov or visit the 
Docket Management Facility at 1200 New Jersey Avenue, SE., West 
Building, Ground Floor, Room W12-140, Washington, DC 20590-001, between 
the hours of 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Ida M. Klepper, FAA, Office of 
Rulemaking, ARM-100; 800 Independence Ave., SW., Washington, DC 20591, 
Telephone: 202-267-9677, Fax: 202-267-5075.

SUPPLEMENTARY INFORMATION:

Background

    On April 12, 2007 the FAA published a direct final rule (72 FR 
18556) amending Sec.  187.15(a) to allow the use of a credit card to 
pay fees to the FAA for certification services performed outside the 
United States. Until now, fees could only be paid by check, money 
order, wire transfer, or draft, payable in U.S. currency and drawn on a 
U.S. bank. Section 187.15(d) already allows the use of a credit card to 
remit amounts less than $1,000 for certain aircraft flights transiting 
U.S. controlled airspace. The direct final rule revised sections (a) 
and (d) to bring consistency to the methods of payment.
    In 1995 the FAA published a final rule (60 FR 19631) amending 14 
CFR part 187. During this time the FAA offices were not set up to 
receive credit card payments and therefore credit card payments were 
specifically omitted from the 1995 rulemaking. As technology advanced 
over the years credit card payments became an accepted practice within 
the FAA accounting systems and offices. Therefore the FAA began 
collecting user fees by credit card allowing more timely receipt and 
providing customers with a convenient method to pay for services.
    This direct final rule also revised Sec. Sec.  61.13(a)(2), 63.11 
and 65.11. In the 1995 final rule that amended fees under part 187, 
appendix A, the issue that was specifically addressed was that user 
fees extended to all applicants located outside the United States, 
regardless of citizenship. The 1995 final rule brought these 
regulations in line with the nondiscrimination principles of 
multilateral trade agreements to which the U.S. is a signatory. Those 
included the principles of the General Agreement on Tariffs and Trade 
(GATT), including the GATT Aircraft Code and the General Agreement on 
Trade in Services. When part 187 was initially amended in 1995, 
Sec. Sec.  61.13(a)(2), 63.11 and 65.11 were not revised for 
consistency, the direct final rule corrects this inconsistency.
    Before the direct final rule became effective Sec.  61.13(a)(2) 
required an ``applicant who is neither a citizen of the United States 
nor a resident alien of the United States'' to show evidence of paying 
the correct fee prescribed in appendix A to part 187. This evidence was 
to be presented when the person applied for a student pilot certificate 
issued outside the United States or a knowledge test or practical test 
administered outside the United States. The direct final rule revised 
the wording to make it clear that an applicant's citizenship is not at 
issue. The revised wording now states the fees are for ``airmen 
certification services.'' There is no need to enumerate those services 
because they are addressed in part 187, appendix A.
    Before the direct final rule became effective Sec. Sec.  63.11 and 
65.11 stated: ``Each person who is neither a United States citizen nor 
a resident alien and applies for written or practical test to be 
administered outside the United States for any certificate or rating 
issued under this part must show evidence the fee prescribed in 
appendix A of part 187 of

[[Page 55022]]

this chapter has been paid.'' The direct final rule revised the wording 
as follows: ``Each person who applies for airmen certification services 
to be administered outside the United States for any certificate or 
rating issued under this part must show evidence that the fee 
prescribed in appendix A of part 187 of this chapter has been paid.''

Conclusion

    The FAA did not receive any adverse or negative comments or a 
written notice of intent to file an adverse or negative comment and 
therefore the rulemaking became effective on June 11, 2007.

    Issued in Washington, DC on September 24, 2007.
John M. Allen,
Acting Director, Flight Standards Service.
[FR Doc. E7-19246 Filed 9-27-07; 8:45 am]
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