[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13912]
[[Page Unknown]]
[Federal Register: June 9, 1994]
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Part VI
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 189
Use of Federal Aviation Administration Communications Systems; Proposed
Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 189
[Docket No. 27778; Notice No. 94-17]
RIN 2120-AE68
Use of Federal Aviation Administration Communications Systems
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to modify part 189 of the Federal Aviation
Regulations (FAR) to remove outdated fee provisions and services
designated in the rule. Due to enhanced commercial communications the
FAA has determined that the need to accept (and charge fees for)
messages that address such topics as lost baggage, hotel reservations,
crew assignments, and other commercial matters (Class B messages) no
longer exists. The proposed change is only intended to remove the
outdated fee provisions and services related to Class B messages; it is
not intended to affect the FAA's transmission of messages relating to
flight safety, flight plans, and weather (Class A messages) to alter
the current practice of relaying messages received from an FAA 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).
DATES: Comments must be received on or before September 7, 1994.
ADDRESSES: Comments on this notice should be mailed, in triplicate, to:
Federal Aviation Administration, Office of Chief Counsel, Attention:
Rules Docket (AGC-200), Docket No. 27778, 800 Independence Avenue, SW.,
Washington, DC 20591. Comments delivered must be marked Docket No.
27778. Comments may be examined in room 915G weekdays between 8:30 a.m.
and 5 p.m., except on Federal holidays.
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:
Comments Invited
Interested persons are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments relating to the environmental, energy, federalism,
or economic impact that might result from adopting the proposals in
this notice are also invited. Substantive comments should be
accompanied by cost estimates. Comments should identify the regulatory
docket number and should be submitted in triplicate to the Rules Docket
address specified above. All comments received on or before the
specified closing date for comments will be considered by the
Administrator before taking action on this proposed rulemaking. The
proposals contained in this notice may be changed in light of comments
received. All comments received will be available, both before and
after the closing date for comments, in the Rules Docket for
examination by interested persons. A report summarizing each
substantive public contact with FAA personnel concerned with this
rulemaking will be filed in the docket. Commenters wishing the FAA to
acknowledge receipt of their comments submitted in response to this
notice must include a preaddressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. 27778.'' The
postcard will be date stamped and mailed to the commenter.
Availability of NPRM's
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention: Public Inquiry Center, APA-200, 800 Independence Avenue,
SW., Washington, DC 20591, or by calling (202) 267-3485. Communications
must identify the notice number of this NPRM.
Persons interested in being placed on the mailing list for future
NPRM's should request from the above office a copy of Advisory Circular
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which
describes the application procedure.
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. It 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
serviced 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 the above provisions, 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.
In the past, the FAA has 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 Anchorage International Flight Service Station (IFSS)
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 not 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. The FAA is not proposing to change this
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. This service is provided 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 new 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 it is outdated because it
still contains 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.
The Proposal
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 proposal 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 proposal 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 proposed change will remove from the regulation all
references to the collection of fees and align the regulation with
current practices.
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 notice,
the FAA has reviewed the SARP of Annex 10. The FAA has determined that
this proposal, if adopted, would not present any differences.
Economic Summary
This proposed rule would be neither a significant proposed
regulatory action under Executive Order 12866 nor a significant
proposed rule under the Department of Transportation Regulatory
Policies and Procedures. The FAA does not expect the proposal to impose
a significant cost on society (aviation industry, public, or
government). The NPRM would not cause any diminution of safety.
The proposed amendment would 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.
The FAA does not expect the proposal to impose a significant cost,
but requests comment and information on the potential use of this
service and on any impact of eliminating the acceptance for
transmission of Class B messages.
International Trade Impact Analysis
This proposed rule would have no effect on the sale of foreign
products or services in the United States. The rule also does not
affect the sale of United States products or services in foreign
countries. Hence, all foreign and domestic trade would be equally
unaffected by this proposed 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 proposed amendment deletes rule language that allows the
transfer of certain data because users have not requested this service
for several years. Hence, the proposal would not impose a significant
cost on a substantial number of small entities.
Federalism Implications
The regulations proposed herein 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 proposal would not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
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 proposed rule.
Conclusion
For the reasons discussed in the preamble, the FAA has determined
that this proposed regulation is not a significant regulatory action
under Executive Order 12866. In addition, the FAA certifies that this
proposal, if adopted, 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 proposal is not
considered significant under Order DOT 2100.5, Policies and Procedures
for Simplification, Analysis, and Review of Regulations.
List of Subjects in 14 CFR Part 189
Air transportation, Telecommunications.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend part 189 of the Federal Aviation
Regulation (14 CFR part 189) as follows:
PART 189--USE OF FEDERAL AVIATION ADMINISTRATION COMMUNICATIONS
SYSTEM
1. The authority citation for part 189 continues to read as
follows:
Authority: Secs. 301(c), 305, 307(b), 313(a), and 314, 72 Stat.
744; 49 U.S.C. 1341(c), 1346, 1348(b), 1354(a), and 1355, and sec.
501, 65 Stat. 290; 31 U.S.C. 483a.
2. Section 189.1 is revised to read as follows:
Sec. 189.1 Scope.
This part describes the kinds of messages that may be transmitted
or relayed by FAA Flight Service Stations.
3. Section 189.3 is amended by removing paragraph (b); revising
this section heading and the introductory text of paragraph (a); adding
a new paragraph (b) introductory text; redesignating paragraphs (a)(7)
and (a)(8) as new paragraphs (b)(1) and (b)(2) respectively; and in
newly designated (b)(2)(i), by revising the reference ``(a)(7)'' to
``(b)(1)''. The changes read as follows:
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.
* * * * *
(b) The following messages may only be relayed through the FAA
communications systems:
* * * * *
4. Section 189.5 is revised to read as follows:
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.
Sec. 189.7 [Removed]
5. Section 189.7 is removed in its entirety.
Issued in Washington, DC, on June 1, 1994.
Harold W. Becker,
Manager, Airspace Rules & Aero. Information Division.
[FR Doc. 94-13912 Filed 6-8-94; 8:45 am]
BILLING CODE 4910-13-M
