Fees for FAA Services for Certain Flights

Since August 1, 2000, the FAA has been charging fees, required by law, for air traffic control and related services provided to aircraft that fly in U.S.-controlled airspace but neither take off from, nor land in, the United States. These fees, commonly referred to as "Overflight Fees," were authorized by the Federal Aviation Reauthorization Act of 1996, enacted on October 9, 1996. The Aviation and Transportation Security Act (the 2001 Act), enacted on November 19, 2001, amended the Overflight Fee authorization in several respects. First, the 2001 Act changed the wording of the operative standard by substituting "reasonably" for "directly" (thereby requiring that fees be "reasonably related" to costs, rather than "directly related") and "Administration's costs as determined by the Administrator" for "Administration's costs." Second, the 2001 Act provided that "the determination of such costs by the Administrator is not subject to judicial review." On May 6, 2002, the FAA published a notice of inquiry in the Federal Register seeking public comment on whether and to what extent, if any, these statutory changes require the FAA to modify its Final Rule on Overflight Fees (67 FR 30334). That rule is the subject of a petition for review before the United States Court of Appeals for the District of Columbia Circuit (the Court). The purpose of this document is to summarize the public comments received, to indicate the disposition of those comments, and to advise the public of the results of the FAA's reconsideration of the Final Rule.