[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]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
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
