[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Notices]
[Page 12613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5778]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-00-7018]
Fees for FAA Services for Certain Flights; Public Availability of
Letter
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice.
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SUMMARY: The FAA announces the availability to the public of a letter
to known users of ``overflight'' services concerning the
reestablishment of certain fees. This letter states that these fees
will be charged for air traffic control (ATC) and related services
provided to certain aircraft that fly through U.S.-controlled airspace,
but neither take off from nor land in the United States.
FOR FURTHER INFORMATION CONTACT: Randy Fiertz (202) 267-7140, Acting
Director, Office of Performance Management (APF-1), Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
SUPPLEMENTARY INFORMATION: The FAA is sending letters to know major
users and other interested entities about the reestablishment of
``overflight'' fees. These fees will be charged for ATC and related
services provided to certain aircraft that fly through U.S.-controlled
airspace, but neither take off from nor land in the United States. Such
fees are comely referred to as ``overflight'' fees. The FAA is taking
this action to give the public notice of the letter being sent to
affected parties concerning reestablishment of ``overflight'' fees.
This notice and a copy of the letter below will be available for public
inspection in the docket at U.S. Department of Transportation Dockets,
400 Seventh Street SW., Room Plaza 401, Washington, DC 20590, between
10 a.m. and 5 p.m. weekdays, except Federal holiday. The docket may
also be examined electronically through the Dockets Management System
(DMS) at the following Internet address: http://dms.dot.gov/ at any
time.
Issued in Washington, DC on March 6, 2000.
Michael E. Chase,
Acting Assistant Chief Counsel for Regulations.
Letter to Users of Certain Overflight ATC Services
Dear ______:
The Federal Aviation Administration (FAA) will soon announce the
reestablishment of user fees that will be charged for air traffic
control (ATC) and related services provided to certain aircraft that
fly through U.S.-controlled airspace, but neither take off from, nor
land in, the United States. Such fees are commonly referred to as
``overflight'' fees.
The implementation of these fees is required by the Federal
Aviation Reauthorization Act of 1996 (The Act). The Act states that
the FAA should establish overflight fees through the publication of
an Interim Final Rule. Under the Interim Final Rule process, the
fees will take effect shortly after publication in the Federal
Register. The FAA will invite public comment on the Interim Final
Rule. After thorough consideration of the comments received, the FAA
will make any appropriate changes and then issue a Final Rule.
You may recall that the FAA published an Overflight Fee Interim
Final Rule in March 1997. The costs upon which those overflight fees
were based were determined using FAA's 1995 Cost Allocation Study.
On January 30, 1998, the U.S. Court of Appeals for the District of
Columbia set aside the 1997 rule, concluding that the FAA had used
an incorrect methodology to allocate fixed and common costs. As a
result of the Court's ruling, the FAA immediately suspended fee
collections, subsequently refunded the $40 million in fees that had
then been collected, and withdrew the Interim Final Rule.
Although the Court of Appeals' ruling effectively terminated the
1997 overflight fees, the Act remains in effect. To comply with the
Act and accurately establish the costs of ATC services using the
best available information, the FAA is developing new overflight
fees using actual fiscal year 1999 cost data from its new cost
accounting system. This system has been reviewed carefully by
accounting and financial professionals, both inside and outside the
government, to ensure that the ATC enroute and oceanic cost data
used are the most accurate available.
The Office of Inspector General of the Department of
Transportation recently completed an in-depth review of the fiscal
year 1998 cost accounting data and the flight data used to derive
the new fees. A copy of the Inspector General's report can be found
at www.oig.dot.gov.avauds.htm (Report no. FE-2000-024, dated
December 17, 1999). The report includes recommendations, which the
FAA has acted upon, including basing the overflight fees on actual
cost accounting data for fiscal year 1999.
I hope the above information is useful to you in your planning.
Our regulatory procedures do not allow me at this time to provide
further details beyond those contained in this letter. Once the
Interim Final Rule has been published, however, there will be ample
opportunity for you to present your views--including a public
meeting that will be announced when the Interim Final Rule is
published. I look forward to working with you more closely at that
time.
While the Interim Final Rule process is not the customary
rulemakng approach used by the FAA, it is required by law for this
particular rulemaking. Nevertheless, I can assure you that all
comments received will be fully considered by the FAA before the
Final Rule is issued.
Sincerely,
Donna R. McLean,
Assistant Administrator for Financial Services.
[FR Doc. 00-5778 Filed 3-6-00; 3:13 pm]
BILLING CODE 4910-13-M