[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Rules and Regulations]
[Page 6989-6990]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe09-2]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 187
Update of August 2001 Overflight Fees
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of establishment of an Aviation Rulemaking Committee on
Overflight Fees.
-----------------------------------------------------------------------
SUMMARY: On December 17, 2008, the Acting Administrator of the Federal
Aviation Administration (FAA) approved the Charter of an Aviation
Rulemaking Committee (ARC) created for the purpose of consulting with
the FAA regarding the cost of providing air traffic control and related
services to overflights, and providing advice and recommendations to
the Administrator regarding the future level of FAA's Overflight Fees.
This Notice includes a copy of the Overflight Fees ARC Charter and
information about how to request to participate as a member of the ARC.
FOR FURTHER INFORMATION CONTACT: For more information, please contact
Dave Lawhead, Office of Financial Controls (AFC-300), FAA, Washington,
DC 20591. E-mail: Dave.lawhead@faa.gov, or by phone at (202) 267-9759.
SUPPLEMENTARY INFORMATION: The Overflight Fees ARC Charter is printed
in its entirety immediately following this Notice. Please note that, in
addition to the Chair, and a Vice-Chair, if one is designated, the ARC
will be limited to no more than 15 other members, each of whom will
serve totally at their own expense, with no compensation, per diem, or
reimbursement of expenses of any kind. If more than 15 air carriers,
trade associations, or other system users express an interest in
serving on the Committee, membership will be determined by the FAA. In
making membership selections, the FAA will consider geographic
diversity, operational differences, and the amount of Overflight Fees
paid to the FAA by the requester in fiscal year 2008. If you want to be
considered for selection as a member of the ARC, you need to notify the
contact person listed in this Notice within 30 days of the date of
publication of the Notice.
Issued in Washington, DC, on February 5, 2009.
Ramesh K. Punwani,
Assistant Administrator for Financial Services/CFO, Federal Aviation
Administration.
Order
Federal Aviation Administration Overflight Fee Aviation Rulemaking
Committee Charter
1. Purpose. This order constitutes the charter for the Overflight
Fee Aviation Rulemaking Committee (the ``Committee'') that is
designated and established pursuant to the Administrator's authority
under 49 U.S.C. 106(p)(5).
2. Distribution. This order is distributed at the director level in
Washington headquarters and throughout the Office of the Associate
Administrator for Financial Services and the Air Traffic Organization.
3. Background. Section 273 of the Federal Aviation Reauthorization
Act of 1996, 49 U.S.C. 45301 (the ``1996 Act''), authorized the FAA to
impose fees on aircraft that traverse U.S.-controlled airspace but
neither take off nor land in the United States. Under the 1996 Act,
``[s]ervices for which costs may be recovered include the costs of air
traffic control, navigation, weather services, training and emergency
services which are available to facilitate safe transportation over the
United States, and other services provided by the Administrator or by
programs financed by the Administrator to flights that neither take off
nor land in the United States.'' 49 U.S.C. 45301(b)(1)(B). At the time
of its enactment, section 273 provided that the FAA Administrator
``shall ensure that each of the [overflight] fees * * * is directly
related to the Administration's costs * * * of providing the service
rendered.'' 49 U.S.C. 45301(b)(1)(B)(1996). In November 2001, Section
273 was amended to state that the Administrator
[[Page 6990]]
``shall ensure that each of the fees * * * is reasonably related to the
Administration's costs, as determined by the Administrator, of
providing the service rendered * * *.'' Section 119(d) of the Aviation
and Transportation Security Act of 2001, Public Law 107-71.
4. Objective. The Administrator deems it appropriate to create the
Overflight Fees Aviation Rulemaking Committee to obtain advice and
recommendations on the appropriate amounts for future Overflight Fees.
5. Duties. The Committee is to evaluate information regarding the
services rendered to overflights by the FAA and the costs of providing
those services to overflights, and, based on that evaluation, to make
recommendations regarding future overflight fee increases. The
Committee shall provide its recommendations to the Administrator by a
deadline to be determined by the Chair, which may be modified by the
Administrator.
6. Organization and Administration.
a. The Committee shall be led by the Chair, who shall be a full-
time employee of the FAA appointed by the Assistant Administrator for
Financial Services. The Chair may designate a Vice Chair, who shall not
be employed by the FAA and who shall be a representative of foreign air
carriers or trade associations of those carriers, or other system users
who are subject to Overflight Fees.
b. In addition to the Chair and Vice Chair, the Committee shall be
comprised of not more than 15 members, who shall be employees or other
representatives of the foreign air carriers (or trade associations of
those carriers) or other system users that are subject to the FAA's
Overflight Fees. The members shall be selected by the Associate
Administrator for Financial Services and, to the extent possible, the
membership also shall be geographically diverse and include
representatives that conduct primarily enroute overflights and
primarily oceanic overflights. Each member may designate one
representative and one alternate to serve on the Committee. Each member
of the Committee shall have one vote.
c. Members may permit their employees and consultants (including
financial, technical and legal professionals) to attend any Committee
meeting and review Committee documents.
d. Additional FAA personnel may participate, as directed by the
Chair, as adjunct non-members of the Committee.
e. The Assistant Administrator for Financial Services is the
sponsor of the Committee. The Associate Administrator for Financial
Services shall receive all Committee recommendations and reports. The
Associate Administrator shall also be responsible for providing
administrative support for the Committee and shall provide a
secretariat. The Chair shall be responsible for establishment of the
procedures, consistent with this charter, under which the Committee
shall operate.
f. Meetings shall be held as frequently as needed, as determined
solely by the Chair.
g. The Chair shall arrange notification to all members of the time,
place and agenda for any meeting through the secretariat and shall
ensure that, to the extent practicable, any materials to be considered
at the meeting are distributed to Committee members in advance. The
Committee is not required to keep minutes, but the Chair may elect to
do so. Committee recommendations to the Administrator must be approved
by at least a two-thirds vote of the members. The Chair shall have the
right to submit a separate report or recommendation to the
Administrator.
7. Compensation. All non-government Committee members shall serve
without compensation from the U.S. government, and shall bear all costs
related to their participation on the Committee.
8. Public Participation. Unless otherwise decided by the Chair, all
meetings of the Committee shall be closed. Interested persons wishing
to attend a meeting who are not members of the Committee (or employees
or consultants invited by a member) must request and receive approval
in advance of the meeting from the Chair.
9. Availability of Records. Subject to the provisions of the
Freedom of Information Act, Title 5 U.S.C. 522, records, reports,
agendas, working papers, and other documents that are made available
to, prepared by, or prepared for the Committee shall be available for
public inspection and copying at the FAA Office of Rulemaking, 800
Independence Avenue, SW., Washington, DC 20591. Fees shall be charged
for the information furnished to the public in accordance with the fee
schedule published in part 7 of title 49, Code of Federal Regulations.
10. Public Interest. The formation of the Committee is determined
to be in the public interest in connection with the performance of
duties imposed on the FAA by law.
11. Effective Date and Duration. This order is effective
immediately. The Committee shall remain in existence for two years
after the effective date of this Order unless sooner terminated or
extended by the Administrator.
Dated: December 17, 2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E9-2985 Filed 2-11-09; 8:45 am]
BILLING CODE 4910-13-P