59658 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Proposed Rules 

standards for the following categories of 

electric motors: U-Frame, Design C, 

close-coupled pump, footless, vertical 

solid shaft normal thrust, 8-pole (900 

rpm), and polyphase motors with a 

voltage of not more than 600 volts (other 

than 230 or 460 volts). (42 U.S.C. 

6311(13)) 

EPCA also directs DOE to publish a 

final rule determining whether to 

amend existing electric motors 

standards within 24 months of the 

effective date of the previous final 

electric motors rule. (42 U.S.C. 

6313(b)(4)(B)) The most recent electric 

motors standards set out in EISA 2007 

and codified in the Code of Federal 

Regulations (CFR) on March 23, 2009, 

go into effect on December 19, 2010, 

under section 313(b)(2) of EISA 2007. 

Therefore, DOE must publish a final 

rule determining whether to amend the 

electric motors standards by December 

19, 2012. (42 U.S.C. 6313(b)(4)(B)) Any 

amended standards established 

pursuant to this rulemaking would 

apply to products manufactured five 

years or more after the effective date of 

the previous electric motors standard. 

(42 U.S.C. 6313(b)(4)(B)(i)) Any 

amended standards that result from this 

rulemaking process, therefore, would 

have a compliance date of December 19, 

2015. (42 U.S.C. 6313(b)(4)(B)) DOE is, 

therefore, beginning a rulemaking 

process to consider further amending 

these standards with a framework 

document for electric motors describing 

the procedural and analytical 

approaches DOE anticipates using in its 

evaluation. 

The focus of the public meeting noted 

above will be to discuss the analyses 

presented and issues identified in the 

framework document. At the public 

meeting, DOE will make a number of 

presentations, invite discussion on the 

rulemaking process as it applies to 

electric motors, and solicit comments, 

data, and information from participants 

and other interested parties. DOE 

encourages those who wish to 

participate in the public meeting to 

obtain the framework document and to 

be prepared to discuss its contents. A 

copy of the draft framework document 

is available at: http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/commercial/ 

electric_motors.html. 

Public meeting participants need not 

limit their comments to the issues 

identified in the framework document. 

DOE is also interested in comments on 

other relevant issues that participants 

believe would affect energy 

conservation standards for this 

equipment, applicable test procedures, 

or the preliminary determination on the 

scope of coverage. DOE invites all 

interested parties, whether or not they 

participate in the public meeting, to 

submit comments and information on 

matters addressed in the framework 

document and on other matters relevant 

to DOE’s consideration of amended 

standards for electric motors in writing 

by October 28, 2010. 

The public meeting will be conducted 

in an informal, facilitated, conference 

style. There shall be no discussion of 

proprietary information, costs or prices, 

market shares, or other commercial 

matters regulated by U.S. antitrust laws. 

A court reporter will record the 

proceedings of the public meeting, after 

which a transcript will be available on 

the DOE Web site at: http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/commercial/ 

electric_motors.html and for purchase 

from the court reporter. 

After the public meeting and the close 

of the comment period on the 

framework document, DOE will begin 

conducting the analyses discussed in 

the framework document and reviewing 

the public comments received. 

DOE considers public participation to 

be a very important part of the process 

for setting energy conservation 

standards. DOE actively encourages the 

participation and interaction of the 

public during the comment period in 

each stage of the rulemaking process. 

Beginning with the framework 

document, and during each subsequent 

public meeting and comment period, 

interactions with and between members 

of the public provide a balanced 

discussion of the issues to assist DOE in 

the standards rulemaking process. 

Accordingly, anyone who wishes to 

participate in the public meeting, 

receive meeting materials, or be added 

to the DOE mailing list to receive future 

notices and information about this 

rulemaking should contact Ms. Brenda 

Edwards at (202) 586–2945, or via 

e-mail at Brenda.Edwards@ee.doe.gov. 

Issued in Washington, DC, on September 

16, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–24288 Filed 9–27–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0948; Directorate 

Identifier 2010–CE–041–AD] 

RIN 2120–AA64 

Airworthiness Directives; SOCATA 

Model TBM 700 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as: 

Following the rupture of an alternator and 

vapour cycle cooling system pulley drive 

assembly, the AD 2008–0067–E was 

published to require the replacement of the 

pulley drive assembly by a new one of an 

improved design. 

Later on, cases of rupture of the alternator 

and vapour cycle cooling system compressor 

drive shaft and of cracks on the standbyalternator and compressor support were 

reportedly found. 

Such failures could lead to the loss of the 

alternator and of the vapour cycle cooling 

systems, and could also cause mechanical 

damage inside the power plant compartment. 

To address this condition, the AD 2008– 

0129–E superseded AD 2008–0067–E and 

mandates the removal, as a temporary 

measure, of the compressor drive belt and of 

the torque limiter, the conditional 

replacement of the pulley drive shear shaft, 

and repetitive inspections for cracks of the 

pulley drive assembly and of the alternator/ 

compressor support. 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by November 12, 

2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Proposed Rules 59659 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4119; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0948; Directorate Identifier 

2010–CE–041–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

regulations.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On September 8, 2008, we issued AD 

2008–19–06, Amendment 39–15673 (73 

FR 54067; September 18, 2008). That 

AD required actions intended to address 

an unsafe condition on the products 

listed above. 

Since we issued AD 2008–19–06, a 

terminating action has been developed 

through installation of newly designed 

alternator/compressor support and 

pulley drive assemblies. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No.: 

2010–0130, dated June 29, 2010, to 

correct an unsafe condition for the 

specified products. The MCAI states: 

Following the rupture of an alternator and 

vapour cycle cooling system pulley drive 

assembly, the AD 2008–0067–E was 

published to require the replacement of the 

pulley drive assembly by a new one of an 

improved design. 

Later on, cases of rupture of the alternator 

and vapour cycle cooling system compressor 

drive shaft and of cracks on the standbyalternator and compressor support were 

reportedly found. 

Such failures could lead to the loss of the 

alternator and of the vapour cycle cooling 

systems, and could also cause mechanical 

damage inside the power plant compartment. 

To address this condition, the AD 2008– 

0129–E superseded AD 2008–0067–E and 

mandates the removal, as a temporary 

measure, of the compressor drive belt and of 

the torque limiter, the conditional 

replacement of the pulley drive shear shaft, 

and repetitive inspections for cracks of the 

pulley drive assembly and of the alternator/ 

compressor support. 

Revision 1 of the AD 2008–0129–E 

introduced an alternative temporary solution 

with the aim to restore the capability to make 

use of the air conditioning system. This 

solution consists in replacing the original 

pulley drive assembly by a time-limited 

assembly of a new design, corresponding to 

the SOCATA modification MOD 70–0240–21. 

A definitive solution has been released to 

production aeroplanes by implementation of 

SOCATA modification MOD 70–0243–21 or 

Service Bulleting (SB) 70–176–21 for inservice aeroplanes. 

This AD which supersedes EASA AD 

2008–0129R1–E retaining its requirements, 

limits the AD applicability and requires 

accomplishment of the terminating action. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

SOCATA has issued SB 70–176, 

Amendment 1, dated February 2010. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 66 products of U.S. registry. 

We also estimate that it would take 

about 8 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $0 per product. 

Where the service information lists 

required parts costs that are covered 

under warranty, we have assumed that 

there will be no charge for these costs. 

As we do not control warranty coverage 

for affected parties, some parties may 

incur costs higher than estimated here. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $44,880, or $680 per 

product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

59660 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Proposed Rules 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation:g 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing Amendment 39–15673 (73 FR 

54067; September 18, 2008), and adding 

the following new AD: 

SOCATA: Docket No. FAA–2010–0948; 

Directorate Identifier 2010–CE–041–AD. 

Comments Due Date 

(a) We must receive comments by 

November 12, 2010. 

Affected ADs 

(b) This AD supersedes AD 2008–19–06, 

Amendment 39–15673. 

Applicability 

(c) This AD applies to SOCATA TBM 700 

airplanes, serial numbers (S/Ns) 434 through 

509, 511 through 516, 519, 520, and 522 

through 525, certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 21: Air Conditioning. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Following the rupture of an alternator and 

vapour cycle cooling system pulley drive 

assembly, the AD 2008–0067–E was 

published to require the replacement of the 

pulley drive assembly by a new one of an 

improved design. 

Later on, cases of rupture of the alternator 

and vapour cycle cooling system compressor 

drive shaft and of cracks on the standbyalternator and compressor support were 

reportedly found. 

Such failures could lead to the loss of the 

alternator and of the vapour cycle cooling 

systems, and could also cause mechanical 

damage inside the power plant compartment. 

To address this condition, the AD 2008– 

0129–E superseded AD 2008–0067–E and 

mandates the removal, as a temporary 

measure, of the compressor drive belt and of 

the torque limiter, the conditional 

replacement of the pulley drive shear shaft, 

and repetitive inspections for cracks of the 

pulley drive assembly and of the alternator/ 

compressor support. 

Revision 1 of the AD 2008–0129–E 

introduced an alternative temporary solution 

with the aim to restore the capability to make 

use of the air conditioning system. This 

solution consists in replacing the original 

pulley drive assembly by a time-limited 

assembly of a new design, corresponding to 

the SOCATA modification MOD 70–0240–21. 

A definitive solution has been released to 

production aeroplanes by implementation of 

SOCATA modification MOD 70–0243–21 or 

Service Bulleting (SB) 70–176–21 for inservice aeroplanes. 

This AD which supersedes EASA AD 

2008–0129R1–E retaining its requirements, 

limits the AD applicability and requires 

accomplishment of the terminating action. 

Actions and Compliance 

(f) For airplanes S/Ns 434 through 459 

only, unless already done, before further 

flight as of September 18, 2008 (the effective 

date of AD 2008–19–06), do the following 

actions following EADS SOCATA Mandatory 

TBM Aircraft Alert Service Bulletin SB 70– 

161, amendment 2, dated July 2008: 

(1) Remove the pulley drive assembly, the 

torque limiter, the compressor drive belt, and 

the alternator/compressor support. 

(2) Inspect for cracks on the pulley drive 

surfaces and the alternator/compressor 

support welds. 

(i) If any crack is detected, before further 

flight, replace the pulley drive assembly 

following the accomplishment instructions in 

SOCATA Mandatory TBM Aircraft Service 

Bulletin SB 70–176, amendment 1, dated 

February 2010. 

(ii) Replacement of the assembly 

incorporates replacement of the pulley drive 

sheer shaft required by paragraph (f)(3) of 

this AD for airplanes with 30 hours time-inservice (TIS) or more with the torque limiter 

installed on the pulley drive shear shaft. 

(3) Replace any pulley drive shear shaft 

that has accumulated 30 hours TIS or more 

with the torque limiter installed. This action 

is not required if you replaced the whole 

assembly per paragraph (f)(2)(i) of this AD. 

(4) Re-install the pulley drive assembly and 

the alternator/compressor support, without 

re-installing the compressor drive belt or the 

torque limiter. 

(5) Insert EADS SOCATA SB 70–161, 

amendment 2, dated June 2008, in the 

limitations section of the pilot’s operating 

handbook and install on the instrument 

panel and in the pilot’s primary field of 

vision a placard with the following text: 

‘‘AIR COND’’ INOPERATIVE 

RECOMMENDED ‘‘AIR COND’’ SWITCH 

POSITION: ‘‘MANUAL’’ 

and insert EADS SOCATA SB 70–161–21, 

amendment 2, dated June 2008, in the 

limitations section of the pilot’s operating 

handbook. 

(g) For all S/N airplanes; 

(1) Within 100 hours TIS after September 

18, 2008 (the effective date of AD 2008–19– 

06), and repetitively thereafter at intervals 

not to exceed 100 hours TIS, inspect for 

cracks on the pulley drive surfaces and the 

alternator/compressor support welds, 

following EADS SOCATA Mandatory TBM 

Aircraft Alert Service Bulletin SB 70–161, 

amendment 2, dated July 2008. 

(i) For airplanes S/Ns 434 through 459, the 

inspection required in paragraph (f)(2) of this 

AD is considered the initial inspection 

required in paragraph (g)(1) of this AD. 

(ii) For accomplishment of the repetitive 

inspections required by paragraph (g)(1) of 

this AD, paragraph C.2 of the 

accomplishment instructions of EADS 

SOCATA Mandatory TBM Aircraft Alert 

Service Bulletin SB 70–161, amendment 2, 

dated July 2008, does not apply since the 

torque limiter has already been removed. 

(2) If cracks are found during any of the 

inspections required in paragraph (g)(1) of 

this AD, before further flight, replace the 

assembly following SOCATA Mandatory 

TBM Aircraft Service Bulletin SB 70–176, 

amendment 1, dated February 2010. 

(h) At the next annual inspection or within 

5 months after the effective date of this AD, 

whichever occurs first, replace the alternator/ 

compressor support and pulley drive 

assemblies with P/N T700G215500700100 

(alternator/compressor support) and P/N 

T700G215513500000 (Pulley drive 

assembly), following the accomplishment 

instructions of SOCATA SB 70–176, 

amendment 1, dated February 2010. 

(1) After the effective date of this AD, do 

not install alternator/compressor support 

P/N T700G215500700000 and a pulley drive 

assembly P/N T700G215510000000. 

(2) Accomplishment of corrective actions 

as required by paragraph (f)(2)(i), paragraph 

(g)(2), or paragraph (h) of this AD terminates 

the actions required in paragraphs (f) and (g) 

of this AD. 

Note 2: SOCATA SB 70–161–21 

amendment 4, dated October 2009, has been 

published by SOCATA in order to close the 

range of airplane S/Ns concerned by 

temporary actions. 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(i) The following provisions also apply to 

this AD: 

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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Proposed Rules 59661 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4119; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Special Flight Permit 

(j) We are allowing permission to ferry an 

airplane to a maintenance location to 

accomplish actions required by paragraph (1) 

of this AD provided that the air conditioning 

is switched off during the entire flight 

duration. 

Related Information 

(k) Refer to MCAI EASA AD No.: 2010– 

0130, dated June 29, 2010; and SOCATA 

Service Bulletin SB 70–176, amendment 1, 

dated February 2010, for related information. 

Issued in Kansas City, Missouri, on 

September 22, 2010. 

Patrick R. Mullen, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–24248 Filed 9–27–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 187 

[Docket No. FAA–2010–0326; Notice No. 10– 

12] 

RIN 2120–AJ68 

Update of Overflight Fees 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This NPRM proposes to adjust 

existing Overflight Fees by using current 

FAA cost accounting data and air traffic 

activity data. This action is necessary 

because operational costs for providing 

air traffic control and related services 

for Overflights have increased steadily 

since the fees were established in 2001. 

The adjustment of Overflight Fees 

would result in an increased level of 

cost recovery for the services being 

provided. 

DATES: Send your comments on or 

before December 27, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–0326 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

For more information on the rulemaking 

process, see the SUPPLEMENTARY

INFORMATION section of this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

web site, anyone can find and read the 

electronic form of all comments 

received into any of our dockets, 

including the name of the individual 

sending the comment (or signing the 

comment for an association, business, 

labor union, etc.). You may review 

DOT’s complete Privacy Act Statement 

in the Federal Register published on 

April 11, 2000 (65 FR 19477–78) or you 

may visit http://DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

and follow the online instructions for 

accessing the docket, or, go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

proposed rule contact David Lawhead, 

Office of Financial Controls, Financial 

Analysis Division (AFC 300), Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–9759 facsimile (202) 267–5271, 

e-mail to Dave.Lawhead@FAA.gov. For 

legal questions concerning this 

proposed rule contact Michael Chase, 

AGC–240, Office of Chief Counsel, 

Regulations Division, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–3110; e-mail to 

michael.chase@faa.gov. 

SUPPLEMENTARY INFORMATION: Later in 

this preamble under the Additional 

Information section, we discuss how 

you can comment on this proposal and 

how we will handle your comments. 

Included in this discussion is related 

information about the docket, privacy, 

and the handling of proprietary or 

confidential business information. We 

also discuss how you can get a copy of 

related rulemaking documents. 

Authority for This Rulemaking 

The FAA’s authority to establish these 

fees is found in Title 49 of the United 

States Code. This rulemaking is 

promulgated under the authority 

described in Chapter 453, Section 45301 

et seq. Under that Chapter, the FAA is 

charged with prescribing regulations for 

the collection of fees for air traffic 

control and related services provided to 

aircraft, other than military and civilian 

aircraft of the United States government 

or a foreign government, that transit 

U.S.-controlled airspace, but neither 

take off from nor land in the United 

States (‘‘Overflights’’). This proposed 

regulation is within the scope of that 

authority. 

I. Background 

The FAA’s Overflight Fees were 

initially authorized in the Federal 

Aviation Reauthorization Act of 1996 

(Pub. L. 104–264, enacted October 9, 

1996). Overflight Fees are charges for 

aircraft flights that transit U.S.- 

controlled airspace, but neither land in 

nor depart from the United States. 

Following enactment of the initial fee 

authority, and as mandated by that 

authority, the FAA issued an Interim 

Final Rule (IFR), ‘‘Fees for Air Traffic 

Services for Certain Flights through U.S. 

Controlled Airspace’’ (62 FR 13496), on 

March 20, 1997. Under the terms of the 

IFR, the FAA sought public comment on 

the IFR while concurrently beginning to 

assess Overflight Fees 60 days after its 

publication, on May 19, 1997. 

On July 17, 1997, petitions for judicial 

review of the IFR were filed in the U.S. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS