40000 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 187

[Docket No. 28860; Amendment No. 187–

7]

RIN 2120–AG17

Fees for Air Traffic Services for Certain

Flights Through U.S.-Controlled

Airspace

AGENCY: Federal Aviation

Administration (FAA) DOT.

ACTION: Final rule.

SUMMARY: The FAA is amending Title 14

of the Code of Federal Regulations (14

CFR) to remove the interim rule that

established fees and collection

procedures for FAA air traffic and

related services provided to certain

aircraft that transit U.S.-controlled

airspace but neither take off from, nor

land in, the United States. On January

30, 1998, the United States Court of

Appeals for the District of Columbia

(court) vacated the FAA’s interim final

rule and remanded the rule to the FAA

for disposition. The FAA is taking this

action in anticipation of issuing another

interim final rule for FAA air traffic and

related services as provided for in the

1996 FAA Reauthorization Act.

DATES: This rule is effective July 21,

1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Jeffrey Wharff, Office of Aviation Policy,

Federal Aviation Administration, 800

Independence Avenue SW.,

Washington, DC 20591, telephone (202)

267–7035.

SUPPLEMENTARY INFORMATION: On March

20, 1997, the FAA published

Amendment No. 187–727 (62 FR

13496), to announce the establishment

of fees for FAA air traffic and related

services provided to certain aircraft that

transit U.S.-controlled airspace but

neither take off from, nor land in, the

United States. The FAA invited public

comment on this interim final rule. The

comment period closed on July 18,

1997. In addition, the FAA held a public

meeting on May 1, 1997. The FAA also

published two additional interim final

rules that amended the original interim

final rule on May 2, 1997 (62 FR 24285)

and October 2, 1997 (62 FR 51735).

Authority to Establish Fees

The Federal Aviation Reauthorization

Act of 1996 (the Act) directed the FAA

to establish by interim final rule a fee

schedule and collection process for air

traffic control and related services

provided to aircraft other than military

and civilian aircraft of the United States

government or of a foreign government

that neither take off from, nor land in,

the United States (42 U.S.C. 45301, as

amended by Pub. L. 104–264). Also, the

Act directed the FAA to ensure that the

fees collected are directly related to the

FAA’s costs of providing the services

rendered.

United States Court of Appeals for the

District of Columbia Decision

On January 30, 1998, the court issued

its opinion on seven petitions

consolidated in the case of Asiana

Airlines et. al. (petitioners), versus the

Federal Aviation Administration and

Acting Administrator (respondents),

1998 U.S. App. Lexis 1286, App. No.

97–1356 (1998).

The petitioners challenged the interim

final rule asserting that the FAA acted

improperly in employing an expedited

procedure before the effective date of

the interim final rule, and that the

regulation violated the antidiscrimination provisions of various

international aviation agreements. The

court rejected the petitioners’ claims

that FAA acted improperly in

employing an expedited procedure

before the effective date of the interim

final rule, and that the regulation

violated the antidiscrimination

provisions of various international

aviation agreements. However, the court

concluded that the FAA’s methodology

of determining cost violated statutory

requirements.

The court, therefore, vacated the

interim final rule in its entirety and

remanded the interim final rule to the

FAA for further proceedings consistent

with the opinion. The FAA anticipates

that another interim final rule consistent

with the 1996 FAA Reauthorization Act

will be issued. The FAA will advise

users of the details of any future interim

final rule prior to the effective date of

any new fee schedule imposed by

interim final rule.

Discussion of Comments

As noted above, when the FAA issued

the interim final rule on March 20,

1997, comments were requested

concerning the rule. One hundred and

twenty comments were received. As the

FAA is amending 14 CFR to remove the

interim final rule for fees and collection

procedures for FAA air traffic and

related services, and will not be

implementing the interim final rule as a

final rule, the comments received need

no disposition. Also, most of the issues

raised by the commenters were

addressed by the court. In any future

rulemakings pursuant to 49 U.S.C.

45301, the FAA will seek comments on

any interim final rule that will be

implemented as a final rule.

Accordingly, the FAA amends 14 CFR

part 187, and Appendix B of part 187,

by removing all references to fees and

collection procedures for FAA air traffic

and related services provided to certain

aircraft that transit U.S.-controlled

airspace but neither take off from, nor

land in, the United States.

List of Subjects in 14 CFR Part 187

Administrative practice and

procedure, Air transportation.

The Amendment

The Federal Aviation Administration

amends Title 14 of the Code of Federal

Regulations 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. Section 187.1 is amended by

removing the following sentence:

‘‘Appendix B to this part prescribes the

fees for certain aircraft flights that

transit U.S.-controlled airspace.’’

3. Section 187.15 is amended by

removing paragraph (d).

4. Part 187 is amended by removing

and reserving appendix B.

Issued in Washington, DC, on July 21,

1998.

Jane F. Garvey,

Administrator.

[FR Doc. 98–19875 Filed 7–23–98; 8:45 am]

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