[Federal Register Volume 62, Number 191 (Thursday, October 2, 1997)]
[Rules and Regulations]
[Pages 51736-51737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26095]



[[Page 51735]]

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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 187



Fees for Air Traffic Services for Certain Flights Through U.S.-
Controlled Airspace; Interim Final Rule

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

[[Page 51736]]



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.

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SUMMARY: This document changes the date aircraft operators are liable 
for overflight fees for air traffic and related services received 
during Canada-to-Canada 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 
Canadian-controlled 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.
* * * * *

[[Page 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