Fees for Air Traffic Services for Certain Flights Through U.S.- Controlled Airspace

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]

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