[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Rules and Regulations]
[Pages 6989-6990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2985]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 187


Update of August 2001 Overflight Fees

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of establishment of an Aviation Rulemaking Committee on 
Overflight Fees.

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SUMMARY: On December 17, 2008, the Acting Administrator of the Federal 
Aviation Administration (FAA) approved the Charter of an Aviation 
Rulemaking Committee (ARC) created for the purpose of consulting with 
the FAA regarding the cost of providing air traffic control and related 
services to overflights, and providing advice and recommendations to 
the Administrator regarding the future level of FAA's Overflight Fees. 
This Notice includes a copy of the Overflight Fees ARC Charter and 
information about how to request to participate as a member of the ARC.

FOR FURTHER INFORMATION CONTACT: For more information, please contact 
Dave Lawhead, Office of Financial Controls (AFC-300), FAA, Washington, 
DC 20591. E-mail: [email protected], or by phone at (202) 267-9759.

SUPPLEMENTARY INFORMATION: The Overflight Fees ARC Charter is printed 
in its entirety immediately following this Notice. Please note that, in 
addition to the Chair, and a Vice-Chair, if one is designated, the ARC 
will be limited to no more than 15 other members, each of whom will 
serve totally at their own expense, with no compensation, per diem, or 
reimbursement of expenses of any kind. If more than 15 air carriers, 
trade associations, or other system users express an interest in 
serving on the Committee, membership will be determined by the FAA. In 
making membership selections, the FAA will consider geographic 
diversity, operational differences, and the amount of Overflight Fees 
paid to the FAA by the requester in fiscal year 2008. If you want to be 
considered for selection as a member of the ARC, you need to notify the 
contact person listed in this Notice within 30 days of the date of 
publication of the Notice.

    Issued in Washington, DC, on February 5, 2009.
Ramesh K. Punwani,
Assistant Administrator for Financial Services/CFO, Federal Aviation 
Administration.

Order

Federal Aviation Administration Overflight Fee Aviation Rulemaking 
Committee Charter

    1. Purpose. This order constitutes the charter for the Overflight 
Fee Aviation Rulemaking Committee (the ``Committee'') that is 
designated and established pursuant to the Administrator's authority 
under 49 U.S.C. 106(p)(5).
    2. Distribution. This order is distributed at the director level in 
Washington headquarters and throughout the Office of the Associate 
Administrator for Financial Services and the Air Traffic Organization.
    3. Background. Section 273 of the Federal Aviation Reauthorization 
Act of 1996, 49 U.S.C. 45301 (the ``1996 Act''), authorized the FAA to 
impose fees on aircraft that traverse U.S.-controlled airspace but 
neither take off nor land in the United States. Under the 1996 Act, 
``[s]ervices for which costs may be recovered include the costs of air 
traffic control, navigation, weather services, training and emergency 
services which are available to facilitate safe transportation over the 
United States, and other services provided by the Administrator or by 
programs financed by the Administrator to flights that neither take off 
nor land in the United States.'' 49 U.S.C. 45301(b)(1)(B). At the time 
of its enactment, section 273 provided that the FAA Administrator 
``shall ensure that each of the [overflight] fees * * * is directly 
related to the Administration's costs * * * of providing the service 
rendered.'' 49 U.S.C. 45301(b)(1)(B)(1996). In November 2001, Section 
273 was amended to state that the Administrator

[[Page 6990]]

``shall ensure that each of the fees * * * is reasonably related to the 
Administration's costs, as determined by the Administrator, of 
providing the service rendered * * *.'' Section 119(d) of the Aviation 
and Transportation Security Act of 2001, Public Law 107-71.
    4. Objective. The Administrator deems it appropriate to create the 
Overflight Fees Aviation Rulemaking Committee to obtain advice and 
recommendations on the appropriate amounts for future Overflight Fees.
    5. Duties. The Committee is to evaluate information regarding the 
services rendered to overflights by the FAA and the costs of providing 
those services to overflights, and, based on that evaluation, to make 
recommendations regarding future overflight fee increases. The 
Committee shall provide its recommendations to the Administrator by a 
deadline to be determined by the Chair, which may be modified by the 
Administrator.
    6. Organization and Administration.
    a. The Committee shall be led by the Chair, who shall be a full-
time employee of the FAA appointed by the Assistant Administrator for 
Financial Services. The Chair may designate a Vice Chair, who shall not 
be employed by the FAA and who shall be a representative of foreign air 
carriers or trade associations of those carriers, or other system users 
who are subject to Overflight Fees.
    b. In addition to the Chair and Vice Chair, the Committee shall be 
comprised of not more than 15 members, who shall be employees or other 
representatives of the foreign air carriers (or trade associations of 
those carriers) or other system users that are subject to the FAA's 
Overflight Fees. The members shall be selected by the Associate 
Administrator for Financial Services and, to the extent possible, the 
membership also shall be geographically diverse and include 
representatives that conduct primarily enroute overflights and 
primarily oceanic overflights. Each member may designate one 
representative and one alternate to serve on the Committee. Each member 
of the Committee shall have one vote.
    c. Members may permit their employees and consultants (including 
financial, technical and legal professionals) to attend any Committee 
meeting and review Committee documents.
    d. Additional FAA personnel may participate, as directed by the 
Chair, as adjunct non-members of the Committee.
    e. The Assistant Administrator for Financial Services is the 
sponsor of the Committee. The Associate Administrator for Financial 
Services shall receive all Committee recommendations and reports. The 
Associate Administrator shall also be responsible for providing 
administrative support for the Committee and shall provide a 
secretariat. The Chair shall be responsible for establishment of the 
procedures, consistent with this charter, under which the Committee 
shall operate.
    f. Meetings shall be held as frequently as needed, as determined 
solely by the Chair.
    g. The Chair shall arrange notification to all members of the time, 
place and agenda for any meeting through the secretariat and shall 
ensure that, to the extent practicable, any materials to be considered 
at the meeting are distributed to Committee members in advance. The 
Committee is not required to keep minutes, but the Chair may elect to 
do so. Committee recommendations to the Administrator must be approved 
by at least a two-thirds vote of the members. The Chair shall have the 
right to submit a separate report or recommendation to the 
Administrator.
    7. Compensation. All non-government Committee members shall serve 
without compensation from the U.S. government, and shall bear all costs 
related to their participation on the Committee.
    8. Public Participation. Unless otherwise decided by the Chair, all 
meetings of the Committee shall be closed. Interested persons wishing 
to attend a meeting who are not members of the Committee (or employees 
or consultants invited by a member) must request and receive approval 
in advance of the meeting from the Chair.
    9. Availability of Records. Subject to the provisions of the 
Freedom of Information Act, Title 5 U.S.C. 522, records, reports, 
agendas, working papers, and other documents that are made available 
to, prepared by, or prepared for the Committee shall be available for 
public inspection and copying at the FAA Office of Rulemaking, 800 
Independence Avenue, SW., Washington, DC 20591. Fees shall be charged 
for the information furnished to the public in accordance with the fee 
schedule published in part 7 of title 49, Code of Federal Regulations.
    10. Public Interest. The formation of the Committee is determined 
to be in the public interest in connection with the performance of 
duties imposed on the FAA by law.
    11. Effective Date and Duration. This order is effective 
immediately. The Committee shall remain in existence for two years 
after the effective date of this Order unless sooner terminated or 
extended by the Administrator.

    Dated: December 17, 2008.
Robert A. Sturgell,
Acting Administrator.
 [FR Doc. E9-2985 Filed 2-11-09; 8:45 am]
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