[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39614-39616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18915]
[[Page 39613]]
_______________________________________________________________________
Part VII
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 189
Use of Federal Aviation Administration Communications Systems; Final
Rule
Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 /
Rules and Regulations
[[Page 39614]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 189
[Docket No. 27778; Amendment No. 189-3]
RIN 2120-AE68
Use of Federal Aviation Administration Communications Systems
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action modifies the Federal Aviation Regulations (FAR)
relating to the use of FAA communications systems by removing outdated
fee provisions and services. Due to enhanced commercial communications
(i.e., telecommunications, satellites, etc.) the FAA has determined
that the need to accept messages (and to charge fees for this service)
that address such topics as lost baggage, hotel reservations, crew
assignments, and other commercial matters (Class B messages) no longer
exists. This action does not affect the FAA's transmission of messages
relating to flight safety, flight plans, and weather (Class A
messages). Also, this rule will not alter the current practice of
relaying messages received from an FAA Flight Service Station (FSS)
outside of the 48 contiguous States and the District of Columbia, or
received from a foreign station of the Aeronautical Fixed
Telecommunications Network (AFTN).
EFFECTIVE DATE: September 18, 1995.
FOR FURTHER INFORMATION CONTACT:
Ellen E. Crum, Air Traffic Rules Branch, ATP-230, Airspace-Rules and
Aeronautical Information Division, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591, telephone (202) 267-
8783.
SUPPLEMENTARY INFORMATION:
Background
The predecessor of part 189 (part 612--Aeronautical Fixed
Communications, published in the August 25, 1950, Federal Register)
became effective on September 1, 1950. Part 612 specified that airlines
could send certain messages over specific Government circuits. The
specific circuits were established between several Pacific Islands. The
United States government made this communications network available, at
the users expense, to transmit Class B messages since there were few
other communication systems established. Subsequent amendments to part
612 accomplished the following: (1) Expanded the service to any station
services by the Integrated International Aeronautical Network (now
AFTN); (2) defined the specific messages that would be accepted free of
charge and those for which fees would be charged; (3) established the
priority given to two categories of messages; and (4) limited the
Government's liability in the handling of all messages accepted under
these provisions.
Concurrent with the evolution of part 612, similar International
Civil Aviation Organization (ICAO) procedures were developed. Beginning
in 1951, ICAO procedures were implemented whereby each country would:
(1) Accept, free of charge, messages that were meant for ``* * *
ensuring safety of air navigation and regularity of air traffic between
aeronautical fixed stations of the different States * * *;'' (2) accept
other messages that did not fall in the above category provided there
was an ``* * * absence of rapid commercial telecommunications * * *;''
and (3) determine the acceptability of messages.
Communication systems and the air traffic control system have
improved greatly in the last several decades. Consequently, users have
elected to transmit Class B messages through communications systems
other than the FAA's.
The FAA has previously considered the need for, and removal of,
part 189 of the FAR. In 1981, all FAA Regional offices were queried
regarding what operational effect, if any, the complete removal of part
189 would have. At that time, only the Alaska region objected to this
action. The International Flight Service Station (IFSS) in Anchorage,
Alaska, handled a high volume of Class B messages, and the Region felt
strongly that complete removal of part 189 would preclude them from
continuing this service. In 1992, the Regions were again queried
regarding their positions with respect to the proposed amendment to
part 189. All of the Regions concurred with this proposal. Since the
IFSS in Anchorage, Alaska was decommissioned in 1984, aircraft that had
previously utilized its communications services are now using a private
communications company; therefore, the prior concerns of the Alaska
Region are no longer relevant.
Current Requirements
Part 189 stipulates that domestic FSS's may accept for transmission
only messages related to distress and distress traffic, safety of human
life, flight safety (including air traffic control messages), weather,
aeronautical administration, and Notices to Airmen (NOTAM's) (Class A
messages). The acceptance and transmission of these messages is
completed without charge. This amendment will not alter that service.
In addition to accepting Class A messages, IFSS's and those FSS's
located outside the 48 contiguous States and the District of Columbia,
may accept messages originated by and addressed to aircraft operating
agencies, or their representatives, that directly bear on the efficient
and economic conduct of day to day operations. These messages (Class B
messages) include such things as new or revised passenger or cargo
rates and train or hotel reservations. The current rule provides for a
fee of 25 cents for each group of 10 words. FSS acceptance of these
messages is based on the absence of adequate non-USA communication
facilities.
In recent years additional means of communication have been
developed, including satellites, computer networks, and cellular
telephones. Therefore, the need to use the FAA AFTN system for the
transmission of Class B messages has been greatly reduced. In January,
1988, a communication network called National Airspace Data Interchange
Network (NADIN) was commissioned in the United States. The capability
to segregate Class B messages, which required payment from the user,
was intentionally omitted from the system because the need for such a
capability is negligible. However, part 189 was not amended when NADIN
was commissioned; consequently the rule still contains outdated
provisions for the collection of fees for the transmission of Class B
messages.
Annex 10, an International Civil Aviation Organization (ICAO)
document, provides guidance to FSS's for handling the operational
aspects of international aeronautical telecommunications. The FAA
relays Class A or B messages that were originally accepted for
transmission at an FAA FSS outside of the 48 contiguous States and the
District of Columbia that were received from a foreign station of the
AFTN, and that in normal routing would require transit of the 48
contiguous States or the District of Columbia in order to reach an
overseas address.
Discussion of Comments
Interested persons were invited to participate in this rulemaking
action by submitting written data, views, or arguments. The comment
period closed on September 7, 1994. The FAA received one comment, from
the Airline Pilots Association, supporting the
[[Page 39615]]
proposal. The FAA specifically requested comments and information on
the potential use of this service and on any impact from eliminating
the acceptance for transmission of Class B messages. No such comment or
information was received.
Except for minor editorial changes, this rule is the same as that
proposed in the Notice of Proposed Rulemaking published in the Federal
Register on June 9, 1994 (59 FR 29934).
The Rule
Elimination of Acceptance for Transmission of Class B Messages
Currently, only FAA IFSS's or FSS's located outside the 48
contiguous States and the District of Columbia may accept for
transmission Class B messages when adequate commercial communication
systems are not available. These facilities have not received any
requests to accept Class B messages for transmission in over 5 years.
Communication systems technology has improved and expanded to
include private data networks, private line services, telegrams,
satellite communications, and cellular telephones. Therefore, the need
to use FAA communications systems for transmission of Class B messages
has diminished. This rule will not restrict or deny users from
utilizing the FAA communications systems for relay of Class B messages
when other adequate communications systems are not available.
Additionally, this action will align the regulations with current
practices by eliminating the authority of FSS's to accept for
transmission Class B messages without adversely affecting the users.
Elimination of Charges for Class B Messages
The current rule requires that fees be charged when Class B
messages are accepted for transmission over FAA communication systems.
However, current communication systems cannot segregate those kinds of
messages that require a charge for transmission. In fact, over the last
5 years, there are no records of fees having been collected for
transmission of Class B messages, nor does the FAA propose to resume
this practice. This change will remove from the regulation all
references to the collection of fees and align the regualtion with
current practices.
Economic Summary
This rule will be neither a significant regulatory action under
Executive Order 12866 nor a significant rule under the Department of
Transportation Regulatory Policies and Procedures. The FAA does not
expect the amendment to impose a significant cost on society (aviation
industry, public, or government). The rule will not cause any
diminution of safety.
This action will delete rule language that allows the transfer of
certain data. This data includes messages addressing topics such as:
lost baggage, hotel reservations, and crew assignments on international
or overseas flights (Class B data). At present, only IFSS's and FSS's
located outside the 48 contiguous States and the District of Columbia
have the authority and capability to accept such information for
transmission. In practice, the FAA has not received requests for this
service for several years.
The FAA queried FSS's to determine the consequences of this action.
The responses indicated that this action would not affect any air
carrier operator. Adequate private communications facilities are
available to transmit Class B data and, in the past few years,
international and overseas carriers have not chosen to avail themselves
of the FAA service. However, the FAA recognizes a remote possibility
that a future potential user of this service would not have the chance
to do so.
International Trade Impact Analysis
This action will have no effect on the sale of foreign products or
services in the United States. The action also does not affect the sale
of United States products or services in foreign countries. Hence, all
foreign and domestic trade will be equally unaffected by this rule.
Regulatory Flexibility Act Determination
The Regulatory Flexibility Act of 1980 (RFA) ensures that
government regulations do not needlessly and disproportionately burden
small businesses. The RFA requires the FAA to review each rule that may
have ``a significant economic impact on a substantial number of small
entities.''
The amendment deletes rule language that allows the transfer of
certain data because users have not requested this service for several
years. Hence, the rule will not impose a significant cost on a
substantial number of small entities.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated
with this rule.
Federalism Implications
This action will not have substantial effects 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. Therefore, in accordance with Executive Order 12612, it is
determined that this action will not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
International Civil Aviation Organization and Joint Aviation
Regulations
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization Standards and Recommended
Practices (SARP) to the maximum extent practicable. For this action,
the FAA has reviewed the SARP of Annex 10. The FAA has determined that
this amendment will not present any differences.
Conclusion
For the reasons discussed in the preamble, the FAA has determined
that this regulation is not a significant regulatory action under
Executive Order 12866. In addition, the FAA certifies that this rule
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. This action is not considered significant
under DOT Order 2100.5, Policies and Procedures for Simplification,
Analysis, and Review of Regulations.
List of Subjects in 14 CFR Part 189
Air transportation, Telecommunications.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration revises 14 CFR part 189 to read as follows:
PART 189--USE OF FEDERAL AVIATION ADMINISTRATION COMMUNICATIONS
SYSTEM
Sec.
189.1 Scope.
189.3 Kinds of messages accepted or relayed.
189.5 Limitation of liability.
Authority: 49 U.S.C. 106(g), 40101, 40104, 40113, 44502, and
45303; sec. 501, 65 Stat. 290; 31 U.S.C. 9701.
Sec. 189.1 Scope.
This part describes the kinds of messages that may be transmitted
or relayed by FAA Flight Service Stations.
[[Page 39616]]
Sec. 189.3 Kinds of messages accepted or relayed.
(a) Flight Service Stations may accept for transmission over FAA
communication systems any messages concerning international or overseas
aircraft operations described in paragraphs (a)(1) through (6) of this
section. In addition, Flight Service Stations may relay any message
described in this section that was originally accepted for transmission
at an FAA Flight Service Station outside the 48 contiguous States, or
was received from a foreign station of the Aeronautical Fixed
Telecommunications Network that, in normal routing, would require
transit of the United States to reach an overseas address:
(1) Distress messages and distress traffic.
(2) Messages concerning the safety of human life.
(3) Flight safety messages concerning--
(i) Air traffic control, including--
(A) Messages concerning aircraft in flight or about to depart;
(B) Departure messages;
(C) Flight plan departure messages;
(D) Arrival messages;
(E) Flight plan messages;
(F) Flight notification messages;
(G) Messages concerning flight cancellation; and
(H) Messages concerning delayed departure;
(ii) Position reports from aircraft;
(iii) Messages originated by an aircraft operating agency of
immediate concern to an aircraft in flight or about to depart; and
(iv) Meteorological advice of immediate concern to an aircraft in
flight or about to depart.
(4) Meteorological messages concerning--
(i) Meteorological forecasts;
(ii) Meteorological observations exclusively; or
(iii) Other meteorological information exchanged between
meteorological offices.
(5) Aeronautical administrative messages--
(i) Concerning the operation or maintenance of facilities essential
to the safety or regulatory of aircraft operation;
(ii) Essential to efficient functioning of aeronautical
telecommunications; or
(iii) Between civil aviation authorities concerning aircraft
operation.
(6) Notices to airmen.
(b) The following messages may only be relayed through the FAA
communications systems:
(1) Flight regularity messages--
(i) Addressed to the point of intended landing and to not more than
two other addressees in the general area of the route segment of the
flight to which the message refers, containing information required for
weight and balance computation and remarks essential to the rapid
unloading of the aircraft;
(ii) Concerning changes, taking effect within 72 hours, in aircraft
operating schedules;
(iii) Concerning the servicing of aircraft en route or scheduled to
depart within 48 hours;
(iv) Concerning changes in the collective requirements for
passengers, crew, or cargo of aircraft en route or about to depart, if
the changes are caused by unavoidable deviations from normal operating
schedules and are necessary for flight regularity;
(v) Concerning non-routine landings to be made by aircraft en route
or about to depart;
(vi) Concerning parts or materials urgently needed to operate
aircraft en route or scheduled to depart within 48 hours; or
(vii) Concerning pre-flight arrangement of air navigation services
and, in the case of non-scheduled or irregular operations, operational
servicing of aircraft scheduled to depart within 48 hours.
(2) Messages originated by and addressed to aircraft operating
agencies or their representatives that directly bear on the efficient
and economic conduct or day to day operations, if adequate non-United
States communications facilities are not available and the messages
concern--
(i) Matter described in paragraph (b)(1) of this section, but not
meeting the time limitations described in paragraph (b)(1) of this
section;
(ii) Aircraft parts, equipment, or supplies, air navigation or
communications, or essential ground facilities;
(iii) Train or hotel reservations for passengers or employees;
(iv) Lost baggage or personal effects;
(v) Tickets or cargo shipments and payment therefore;
(vi) Location of passengers and cargo;
(vii) New or revised passenger or cargo rates;
(viii) Crew assignments and similar operations personnel matters
taking effect within 7 days;
(ix) Post flight reports for record purposes;
(x) Publicity and special handling regarding dignitaries; or
(xi) Reservations, when originated by aircraft operating agencies
to secure space required in transport aircraft.
Sec. 189.5 Limitation of liability.
The United States is not liable for any omission, error, or delay
in transmitting or relaying, or for any failure to transmit or relay,
any message accepted for transmission or relayed under this part, even
if the omission, error, delay, or failure to transmit or relay is
caused by the negligence of an employee of the United States.
Issued in Washington, DC on July 11, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-18915 Filed 8-1-95; 8:45 am]
BILLING CODE 4910-13-M
