51736 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 187

[Docket No. 28860; Amendment No.–187–

9]

RIN 2120–AG17

Fees for Air Traffic Services for Certain

Flights Through U.S.-Controlled

Airspace

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Interim final rule.

SUMMARY: This document changes the

date aircraft operators are liable for

overflight fees for air traffic and related

services received during Canada-toCanada overflights from October 1,

1997, to March 1, 1998. This change is

necessary to avoid temporary

disruptions of air traffic patterns along

the US/Canadian border and to preserve

current operational control relationships

with Canadian air traffic authorities and

the resulting efficiencies.

EFFECTIVE DATE: October 2, 1997.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Wharff, Office of Aviation Policy

and Plans, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone (202) 267–7035.

SUPPLEMENTARY INFORMATION:

Background

On March 20, 1997, the FAA

published an Interim Final Rule entitled

‘‘Fees for Air Traffic Services for Certain

Flights Through U.S.-Controlled

Airspace’’ (62 FR 13496). In the interim

final rule, the effective date for fees

charged to aircraft operators for air

traffic control and related services

during Canada-to-Canada overflights

was deferred from May 19, 1997, until

October 1, 1997. The rationale for the

deferral, as outlined in the interim final

rule, was that a significant number of

aircraft flying between points in Canada

through U.S.-controlled airspace would

have an economic incentive to divert

into Canadian-controlled airspace and

avoid the U.S. fees if there were no

corresponding Canadian enroute fees.

NAV CANADA, a Canadian non-share

capital corporation that owns, manages,

and operates Canada’s civil air

navigation system, had originally

planned to introduce its enroute

charging system on November 1, 1997;

this date has recently been revised to

March 1, 1998. This change has caused

the FAA to reconsider its policy on

deferral of Canada-to-Canada flights.

Canada currently has an overflight

charge for aircraft that transit Canadiancontrolled airspace. With the exception

of flights of aircraft that weigh more

than 200 tons and that land or take off

in Alaska, U.S. domestic aircraft

operations have been temporarily

exempted from this Canadian charge.

NAV CANADA has stated that this

exemption will terminate once the U.S.

initiates charges on Canada-to-Canada

overflights through U.S.-controlled

airspace.

Deferment of Canada-to-Canada

Overflight Fees

Currently, it is more cost effective for

many Canada-to-Canada flights to

transit U.S.-controlled airspace because

it is either the shortest flight route or it

offers the most favorable flight

conditions.

In the interim final rule, the FAA

stated that if it initiated overflight

charges on Canada-to-Canada flights in

the absence of a Canadian enroute fee,

it is likely that a significant number of

these flights would divert to use only

Canadian-controlled airspace because it

would constitute the least expensive

route in which to operate. The FAA

remains concerned that diversion will

occur if there is only an FAA fee

without a Canadian enroute fee for the

period October 1, 1997, to March 1,

1998. NAV CANADA has continued to

express concern that FAA

implementation of a Canada-to-Canada

overflight fee prior to the

implementation of the Canadian enroute

charge would temporarily increase the

workload at Canadian control centers

and could adversely affect existing

bilateral agreements regarding U.S. air

traffic control of certain Canadian

airspace. Deferral of fee imposition will

minimize temporary disruption of traffic

that is likely to occur in the absence of

a Canadian enroute fee.

Maintenance of the current U.S.-

Canadian agreement concerning this

airspace is important for the optimized

routing for a significant number of both

U.S. and Canadian aircraft operations.

Deferring fee imposition will allow time

for further U.S.-Canadian consultation,

and for similar consultation, if

appropriate, with other air traffic

organizations as well as the

International Civil Aviation

Organization.

Justification

The Administrative Procedure Act, 5

U.S.C. 553 et seq., requires that prior to

the issuance of a final rule, an agency

give notice to the public and seek

comment on a proposed rule.

The March 20, 1997, interim final rule

(62 FR 13498) was issued without

public notice pursuant to specific

Congressional authority, 49 U.S.C.

45301(b)(2). At that time, comments

were sought in that interim final rule

including the issue of Canada-to-Canada

overflight deferral. Comments on this

issue as well as all others received will

be addressed in the final rule.

This document is being issued

without notice or request for comments.

As this action is relieving in nature and

extends previously stated FAA policy,

no additional notice or comment is

required by applicable statutes or

executive orders. Also , in view of the

imminent expiration date of the deferral

for these overflights, notice and

comment procedures would be

impracticable for this amendment.

Conclusion

There are no costs associated with

this change in the interim final rule.

Accordingly, the FAA has determined

that this amendment (1) is not a

significant regulatory action under

Executive Order 12866; (2) is not a

significant regulatory action under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act. Because the

economic impact of this amendment is

minimal, a full regulatory evaluation

has not been prepared.

List of Subjects in 14 CFR Part 187

Administrative practice and

procedure and Air transportation.

The Amendment

The Federal Aviation Administration

amends 14 CFR part 187 as follows:

PART 187—FEES

1. The authority citation for part 187

continues to read as follows:

Authority: 31 U.S.C. 9701; 49 U.S.C.

106(g), 40104–40105, 40109, 40113–40114,

44702, 45301–45303.

2. Appendix B is amended by revising

paragraph (c) to read as follows:

Appendix B to Part 187—Fees for Air

Traffic Services for Certain Flights

Through U.S.-Controlled Airspace

* * * * *

(c) Deferral of Overflight Charges. This

appendix does not apply to aircraft that take

off and land in Canada without intermediate

stops outside of Canada that operate through

U.S.-controlled airspace until March 1, 1998.

* * * * *
Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations 51737

Issued in Washington, DC on September

26, 1997.

Jane F. Garvey,

Administrator.

[FR Doc. 97–26095 Filed 9–26–97; 4:53 pm]

BILLING CODE 4910–13–M