Federal Aviation Administration; Policy Regarding Airpot Rates and Charges, Request for Comments

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[FAA Docket No. 29303]

Federal Aviation Administration; Policy Regarding Airpot Rates

and Charges, Request for Comments

AGENCY: United States Department of Transportation, Office of the

Secretary, and Federal Aviation Administration (FAA).

ACTION: Notice extending comment period.

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SUMMARY: On Wednesday, August 12, 1998, the Department of

Transportation opened a public docket to receive information and

comments from interested parties on the replacement provisions of the

Department of Transportation's Policy Regarding Airport Rates and

Charges (Policy Statement) issued June 21, 1996, and vacated in part by

the United States Court of Appeals for the District of Columbia

Circuit. The notice provided for comments to be submitted by October

13, 1998. Reply comments were to be submitted on or before October 26,

1998. By this notice, the Department is extending the time period for

public comment from October 13, 1998, until December 30, 1998. The due

date for reply comments is extended to February 1, 1999.

DATES: Comments should be received by December 30, 1998. Reply comments

will be accepted and must be submitted on or before February 1, 1999.

Comments that are received after that date will be considered only to

the extent possible.

ADDRESSES: Comment on this notice must be delivered or mailed, in

quadruplicate, to: Federal Aviation Administration, Office of Chief

Counsel, Attention: Rules Docket (AGC-10), Docket No. 29303, 800

Independence Ave, SW, Room 915G, Washingotn, DC 20591. All comments

must be marked ``Docket No. 29303.'' Commenters wishing the FAA to

acknowledge receipt of their comments must include a preaddressed,

stamped postcard on which the following statement is made: ``Comments

to Docket No. 29303. The postcard will be date stamped and mailed to

the commenter. Comments on this Notice may be delivered or examined in

room 915G on weekdays, except on Federal holidays between 8:30 am and

5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Molar, Manager (AAS-400),

(220) 267-3187; or Mr. Wayne Heibeck, Compliance Specialist (AAS-400),

(202) 267-8726, Airport Compliance Division, Office of Airport Safety

and Standards, Federal Aviation Administration, 800 Independence

Avenue, SW, Washington, DC 20591.

SUPPLEMENTARY INFORMATION: The Department recently published an advance

notice of proposed policy on airport rates and charges requesting

public comments (63 FR 43228, August 12, 1998). In that request, we

asked parties to provide us with suggestions for replacement provisions

for the portions of the Department of Transportation's Policy Regarding

Airport Rates and Charges (Policy Statement) issued June 21, 1996, that

were vacted by the United States Court of Appeals for the District of

Columbia Circuit. Based on a September 4, petition of the Air Transport

Association of America (ATA), as well as a September 10 petition

jointly filed by the Airports Council International--North America

(ACI-NA) and the American Association of Airport Executives (AAAE), we

are now convinced that the public interest would be served by extending

the comment period.

The ATA petitioned pursuant to the Department's Rulemaking

Procedures (49 CFR 5.25(a)) to extend the comment period by at least

120 days, to December 14, 1998, on the grounds that it needs time to

prepare and conduct an extensive survey of its member airlines,

organize and analyze the data collected, and draft comments for

approval by its members in response to the complex issues we raised in

this and DOT's separate Request for Public Comment on Competitive

Issues Affecting the Domestic Airline Industry, Docket No. OST 98-4025.

By a notice in the Federal Register (63 FR 45894) on August 27, 1998,

the Department extended the comment period in that proceeding until

December 30, 1998. The ATA stated that, since its member airlines

serve, either directly or through code-share relationship, about 95

percent of the more than 400 domestic commercial service airports, it

has a substantive interest in this proceeding.

In a September 10 filing, ACI-NA and AAAE said that our October 13

deadline would not allow it adequate time to compile, verify and

analyze pertinent information from airport operators and then prepare

well-reasoned responses to the complex legal, economic, and policy

questions identified in this and DOT's separate Request for Public

Comment on Competitive Issues Affecting the Domestic Airline Industry,

Docket No. OST 98-4025. ACI-NA stated that, since its members are

airport sponsors serve

[[Page 53486]]

more than 97 percent of the domestic United States' passenger and cargo

traffic, and AAAE members manage airports which enplane 99 percent of

the passengers in the United States, these organizations have a

substantive interest in this proceeding. ACI-NA requested that the

comment period be extended until December 30, 1998, to coincide with

the comment period in Docket No. OST-98-4025. By letter dated September

14, 1998, legal counsel for ATA advised that ATA did not object to the

ACI-NA's and AAAE's request.

Under our rules (49 CFR 5.25(b)), we may grant a petition for

extension of time when a petitioner shows that it is in the public

interest and the petitioner has good cause for the extension and a

substantive interest in the propsoed action. We have determined that it

would be reasonable and in the public interest to give parties more

time to prepare their submissions. While we are interested in

developing a Final Policy on Airport Rates and Charges as soon as

posssible, we also are interested in a decision that is based on

comprehensive information and thoroughly considered public comments.

Extending the comment period will assure that the common issues in the

proceeding in Docket No. OST 98-4025 and this proceeding are fully

addressed in the comments.

Accordingly

1. We grant the requests of the Air Transport Association, Airport

Council International-North America, and the American Association of

Airport Executives to extend the date by which comments are due to

Docket No. 29303;

2. We hereby extend the date by which comments to Docket No. 29303

are due to December 30, 1998;

3. We will accept reply comments submitted on or before February 1,

1999; and

4. We deny all other requests.

Issued in Washington, DC, on September 29, 1998.

Nancy E. McFadden,

General Counsel, Department of Transportation.

Susan L. Kurland,

Associate Administrator for Airports, Federal Aviation Administration.

[FR Doc. 98-26605 Filed 10-2-98; 8:45 am]

BILLING CODE 4910-13-M