Proposed Policy Regarding Airport Rates and Charges

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. 27782]

Proposed Policy Regarding Airport Rates and Charges

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed policy; extension of comment period and

statement of intent to issue supplemental notice.

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SUMMARY: This document announces an extension of the comment period on

Notice of Proposed Policy Regarding Airport Rates and Charges, Docket

No. 27782 (59 FR 29874, June 9, 1994) until October 15, 1994. By a

notice published August 10, 1994, the comment period on the Notice of

Proposed Policy was extended until September 15, 1994 (59 FR 41194,

August 10, 1994). As a result of enactment of the Federal Aviation

Administration Authorization act of 1994 (1994 Authorization Act), the

Department of Transportation and Federal Aviation Administration (DOT/

FAA) have determined that the publication of a supplemental notice of

proposed policy may be in order. This notice is being published to

advise interested persons of the intention to publish a supplemental

notice and to provide for an extension of the comment period to permit

commenters to review and respond to the supplemental notice in their

comments.

DATES: The comment period is extended from September 15, 1994, to

October 15, 1994.

ADDRESSES: Comments should be mailed, in quadruplicate, to: Federal

Aviation Administration, Office of Chief Counsel, Attention: Rules

Docket (AGC-10), Dockets No. 27782, 800 Independence Avenue, SW.,

Washington, DC 20591. All comments must be marked: ``Docket No.

27782.'' Comments on this Notice may be examined in room 915G on

weekdays, except on Federal holidays, between 8:30 a.m. and 5 p.m.

FOR FURTHER INFORMATION CONTACT:

Mr. Barry Molar, Airports Law Branch (AGC-610), Office of the Chief

Counsel, Federal Aviation Administration, 800 Independence Avenue, SW.,

Washington, DC 20591, telephone (202) 267-3473.

SUPPLEMENTARY INFORMATION: On June 9, 1994, the Office of the Secretary

of Transportation (OST) and the FAA issued two related notices on the

subject of Federal policy on airport rates and charges. A notice of

proposed policy entitled ``Proposed Policy Regarding Airport Rates and

Charges,'' listed and explained the principles that the OST and the FAA

believe define Federal policy on the rates and fees that an airport

proprietor can charge to aeronautical users of the airport. Notice 94-

18, a notice of proposed rulemaking entitled ``Rules of Practice for

Federally Assisted Airports,'' (Rules of Practice) proposed detailed

procedures for the filing, investigation, and adjudication of

complaints against airports for alleged violation of Federal

requirements involving rates and charges and other airport-related

requirements (59 FR 29880, June 9, 1994).

The FAA Authorization Act of 1994, Public Law 103-305 (1994

Authorization Act) was signed into law on August 23, 1994. The 1994

Authorization Act includes provisions providing new policy guidance on

the reasonableness of airport rates and charges and that direct the

Secretary of Transportation to adopt guidelines, policies and

procedures for resolving air carrier/airport disputes over the

reasonableness of landing fees. The 1994 Authorization Act directs that

such guidelines, policies and procedures be adopted within 90 days

after enactment. The 90-day deadline is November 21, 1994.

One air carrier has already suggested that the current notice of

proposed policy should be withdrawn as inconsistent with the 1994

Authorization Act. We do not agree that the 1994 Authorization Act

requires so extensive a revision to the notice of proposed policy.

However, based on initial review of the new statutory provisions, some

modifications to the proposed policy may be in order to assure that the

proposed policy conforms to the statute. Accordingly, the OST and the

FAA intend to publish a supplemental notice of proposed policy with the

modifications we consider to be appropriate.

Because the supplemental notice is not ready to publish at this

time, we have concluded that an extension of the comment period until

October 15 is appropriate. This extension of the comment period should

assure that interested persons have an opportunity to review and

address the supplemental notice in their comments and should not

preclude the OST and the FAA from meeting the statutory deadline for

publication of final policy guidance.

In view of the statutory deadline, further extensions of the

comment period are not anticipated. We intend to publish the

supplemental notice by October 1, 1994.

The FAA is simultaneously publishing a separate notice in the

federal Register with respect to the proposed Rules of Practice. The

notice withdraws proposed subpart J, Alternate Procedure for Certain

Complaints Concerning Airport Rates and Charges and extends the comment

period on the remainder of the proposal until December 1, 1994. In a

separate action, DOT intends to publish for comment proposed amendments

to 14 CFR Part 302 to provide procedures for resolution of airport/air

carrier disputes over airport rates and charges by October 15, 1994. It

is anticipated that the comment period for the Part 302 proposal would

not exceed 15 days.

Issued in Washington, DC, on September 12, 1994.

Stephen H. Kaplan,

General Counsel, Department of Transportation.

[FR Doc. 94-23023 Filed 9-13-94; 3:34 pm]

BILLING CODE 4910-13-M