U.S. air carriers and foreign air carriers may request the assistance of the Department in advance of or in lieu of the formal complaint procedure described in 1.2.1; however, the 60-day period for filing a complaint under § 47129 shall not be extended or tolled by such a request.1.2.3 In the case of fees imposed on other aeronautical users, where negotiations between the parties are unsuccessful and a complaint is filed alleging that airport fees violate an airport proprietor's Federal grant obligations, the Department will, where warranted, exercise the agency's broad statutory authority to review the legality of those fees and to issue such determinations and take such actions as are appropriate based on that review. 34 In general, the Department relies upon airport proprietors, aeronautical users, and the market and institutional arrangements within which they operate, to ensure compliance with applicable legal requirements. The FAA notes that “FBO acquisitions or mergers may trigger anti-competitive concerns.” The FAA also outlined a series of actions airport sponsors can take to address high pricing that may result from consolidation. 0000033932 00000 n establishing the XML-based Federal Register as an ACFR-sanctioned Executive Order 13946 34 33 In such circumstances, an airport proprietor's decision to charge rates that are below those needed to achieve self-sustainability in order to assure that services are provided to the public is not inherently inconsistent with the obligation to make the airport as self-sustaining as possible in the circumstances.4.2 In establishing new fees, and generating revenues from all sources, airport owners and operators should not seek to create revenue surpluses that exceed the amounts to be used for airport system purposes and for other purposes for which airport revenues may be spent under 4.2.1 The Department assumes that the limitation on the use of airport revenue and effective market discipline for aeronautical services and facilities other than the airfield will be effective in holding aeronautical revenues, over time, to the airport proprietor's costs of providing aeronautical services and facilities, including reasonable capital costs.

In accordance with relevant Federal statutory provisions governing the use of airport revenue, airport proprietors may expend revenue generated by the airport only for statutorily allowable purposes.5.1 Additional information on the statutorily allowed uses of airport revenue is contained in separate guidance published by FAA pursuant to § 112 of the FAA Authorization Act of 1994, which is codified at 5.2 The progressive accumulation of substantial amounts of airport revenues may warrant an FAA inquiry into the airport proprietor's application of revenues to the local airport system. (a) Element no. The documents posted on this site are XML renditions of published Federal 51836 (Oct. 12, 1994), and FAA, Policy Regarding Airport Rates and Chargesâ Part IV (request for comments), 60 Fed. 0000019569 00000 n edition of the Federal Register. 0000008446 00000 n Friday, August 14, 2020 Thursday, August 27, 2020 Under subsection (b) of § 47129, the Secretary of Transportation is required to publish policy statements establishing standards or guidelines the Secretary will use in determining the reasonableness of airport fees charged to airlines under § 47129.The Department of Transportation (Department) and the Federal Aviation Administration (FAA) published a Policy Regarding Airport Rates and Charges in the The FAA has received requests for a complete official version of the Policy, as amended since 1996, and FAA understands the convenience of a complete statement of the policy for anyone needing to refer to the contents of this Policy. (d) Pending reasonable disposition of the closed airport, the airport proprietor may charge airfield users at the new airport for reasonable maintenance costs of the old airport, provided that those costs are refunded or credited-back to those users upon the receipt of the proceeds from a whole or partial disposition. Please login below for an enhanced experience. 1460 FAA Rates and Charges Policy. All revenues received based on the inclusion of these costs in the rate base are subject to Federal requirements on the use of airport revenue. 0000000956 00000 n documents in the last year regulatory information on FederalRegister.gov with the objective of Open for Comment We appreciate the opportunity to provide these comments on the Department’s proposed policy. (c) To the extent the airport uses a residual or hybrid charging methodology, a description of key factors expected to affect commercial or other nonaeronautical revenues and operating costs in the current and following years. The Department is adopting this Policy Statement on the standards applicable to airport fees imposed for Open for Comment 0000010616 00000 n daily Federal Register on FederalRegister.gov will remain an unofficial 0000001664 00000 n updated on 8:45 AM on Friday, September 4, 2020 Re: Docket No. Many pilots have reported pricing practices at certain FBOs that restrict access to the airport, including unreasonable and often unknown fees for services that were neither requested nor needed.

Accordingly, by this notice, FAA is publishing an official version of the entire Policy Regarding Airport Rates and Charges that reflects all of the changes to the language of the Policy since 1996, and is republished solely for the convenience of stating a complete version of the Policy in a single document.The FAA is publishing the full text of the current Policy Regarding Airport Rates and Charges, which has been in effect since the most recent amendment of the policy on July 14, 2008, as follows:It is the fundamental position of the Department that the issue of rates and charges is best addressed at the local level by agreement between users and airports. (b) For those facilities for which this policy permits the use of fair market value, the Department does not construe the obligation on self-sustainability to compel the use of fair market value to establish fees.4.1.2 At some airports, market conditions may not permit an airport proprietor to establish fees that are sufficiently high to recover aeronautical costs and sufficiently low to attract and retain commercial aeronautical services. In this Issue



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