U.S. court rejects latest FAA overflight fee rule

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

 



U.S. court rejects latest FAA overflight fee rule

WASHINGTON (Reuters) =97 A federal appeals court Tuesday rejected the=
 Federal=20
Aviation Administration's latest effort to justify air traffic control fees=
=20
charged to planes that overfly the United States. The Air Transport=20
Association of Canada had challenged the fees, arguing that overflights,=20
with no landing involved, are cheaper for the FAA to supervise since they=20
take place in less crowded air space above 18,000 feet (5,500 meters). The=
=20
three-judge panel, of the U.S. Court of Appeals for the District of=20
Columbia, said the FAA had failed to contradict the evidence put forward by=
=20
the Canadian airline industry group. "For the third time, we find that the=
=20
FAA disregarded its statutory mandate," said Judge Stephen Williams,=20
writing for the court. Also rejected was the FAA's argument that 2001=20
legislation limited judicial review of the case. The court said the=20
Canadian challenge predated that law by over a month and fell outside=20
certain irrelevant exceptions in that statute. An FAA spokesman said the=20
agency was reviewing the implications of the ruling. The ATAC did not=20
immediately return a call seeking comment. Congress directed the FAA in=20
1996 to recover the costs of supervising flights transiting across the=20
United States. In 1998 the court rejected the FAA's interim final rules for=
=20
the fees because the charges were not directly related to the costs. FAA=20
subsequently reworked its calculations but the court rejected those in 2001=
=20
for assuming the same per-mile costs for servicing overflights and=20
non-overflights. FAA then reissued the final rule in largely the same form,=
=20
the court said. The ATAC filed on Oct. 11, 2001 for review of the FAA's=20
final rule, ahead of a Nov. 19, 2001, amendment limiting judicial review of=
=20
the fees.


***************************************************
The owner of Roger's Trinbago Site/TnTisland.com
Roj (Roger James)

escape email mailto:ejames@xxxxxxxxx
Trinbago site: www.tntisland.com
Carib Brass Ctn site www.tntisland.com/caribbeanbrassconnection/
Steel Expressions www.mts.net/~ejames/se/
Site of the Week: http://www.carstt.com
TnT Webdirectory: http://search.co.tt
*********************************************************

[Index of Archives]         [NTSB]     [NASA KSC]     [Yosemite]     [Steve's Art]     [Deep Creek Hot Springs]     [NTSB]     [STB]     [Share Photos]     [Yosemite Campsites]